reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-2. Diversion Control

Sec. 2. (a) Not later than February 28 of each year, each opioid treatment program must submit to the division a diversion control plan that:
(1) meets the requirements of section 1 of this chapter; and
(2) includes in the opioid treatment program's diversion control plan the program's drug testing procedure for testing a patient during the patient's treatment by the program as required by section 2.5 of this chapter.
(b) Not later than May 1 of each year, the division shall review and approve a plan submitted under subsection (a).
(c) If the division denies a plan submitted under subsection (a), the opioid treatment program must submit another plan not later than sixty (60) days after the denial of the plan.
As added by P.L.11-2003, SEC.2. Amended by P.L.116-2008, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-2.5. Drug Testing

Sec. 2.5. (a) An opioid treatment program must periodically and randomly test, including before receiving treatment, a patient for the following during the patient's treatment by the program:
(1) Methadone.
(2) Cocaine.
(3) Opiates.
(4) Amphetamines.
(5) Barbiturates.
(6) Tetrahydrocannabinol.
(7) Benzodiazepines.
(8) Any other suspected or known drug that may have been abused by the patient.
(b) If a patient tests positive under a test described in subsection (a) for:
(1) a controlled substance other than a drug for which the patient has a prescription or that is part of the patient's treatment plan at the opioid treatment program; or
(2) an illegal drug other than the drug that is part of the patient's treatment plan at the opioid treatment program;
the opioid treatment program and the patient must comply with the requirements under subsection (c).
(c) If a patient tests positive under a test for a controlled substance or illegal drug that is not allowed under subsection (a), the following conditions must be met:
(1) The opioid treatment program must refer the patient to the onsite physician for a clinical evaluation that must be conducted not more than ten (10) days after the date of the patient's positive test. The physician shall consult with medical and behavioral staff to conduct the evaluation. The clinical evaluation must recommend a remedial action for the patient that may include discharge from the opioid treatment program or amending the treatment plan to require a higher level of supervision.
(2) The opioid treatment program may not allow the patient to take any opioid treatment medications from the treatment facility until the patient has completed a clinical assessment under subdivision (1) and has passed a random test. The patient must report to the treatment facility daily, except when the facility is closed, until the onsite physician, after consultation with the medical and behavioral staff, determines that daily treatment is no longer necessary.
(3) The patient must take a weekly random test until the patient passes a test under subsection (a).
(d) An opioid treatment program must conduct all tests required under this section in an observed manner to assure that a false sample is not provided by the patient.
As added by P.L.116-2008, SEC.5. Amended by P.L.131-2014, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-3. Opioid Treatment Program Fees

Sec. 3. (a) By May 15 of each year, each opioid treatment program shall submit to the division a fee that is:
(1) an amount established by the division by rule under IC 4-22-2;
(2) not more than necessary to recover the costs of administering this chapter; and
(3) not more than seventy-five dollars ($75) for each opioid treatment program patient who was treated by the opioid treatment program during the preceding calendar year.
(b) The fee collected under subsection (a) shall be deposited in the fund.
As added by P.L.11-2003, SEC.2. Amended by P.L.116-2008, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-4. Opioid Treatment Program Fund

Sec. 4. (a) As used in this section, "fund" means the opioid treatment program fund established under subsection (b).
(b) The opioid treatment program fund is established to implement this chapter. The fund shall be administered by the division.
(c) The expenses of administering the fund shall be paid from money in the fund.
(d) The treasurer of state shall invest money in the fund in the same manner as other public money may be invested.
(e) Money in the fund at the end of the state fiscal year does not revert to the state general fund.
As added by P.L.11-2003, SEC.2. Amended by P.L.116-2008, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-5.3. Rules Concerning Opioid Treatment

Sec. 5.3. Subject to federal law and consistent with standard medical practices in opioid treatment for substance abuse, the division shall adopt rules under IC 4-22-2 concerning opioid treatment by an opioid treatment provider, including the following:
(1) A requirement that the opioid treatment provider periodically review with the patient the patient's treatment plan. In the review, the opioid treatment provider shall consider changes to the plan with the goal of requiring the minimal clinically necessary medication dose, including, when appropriate, the goal of opioid abstinence.
(2) Treatment protocols containing best practice guidelines for the treatment of opiate dependent patients, including the following:
(A) Appropriate clinical use of all drugs approved by the federal Food and Drug Administration for the treatment of opioid addiction, including the following when available:
(i) Opioid maintenance.
(ii) Detoxification.
(iii) Overdose reversal.
(iv) Relapse prevention.
(v) Long acting, nonaddictive medication assisted treatment medications.
(B) Requirement of initial and periodic behavioral health assessments for each patient.
(C) Appropriate use of providing overdose reversal, relapse prevention, counseling, and ancillary services.
(D) Transitioning off agonist and partial agonist therapies with the goal, when appropriate, of opioid abstinence.
(E) Training and experience requirements for providers who treat and manage opiate dependent patients.
(F) Requirement that a provider who prescribes opioid medication for a patient periodically review INSPECT (as defined in IC 25-26-24-7) concerning controlled substance information for the patient.
As added by P.L.8-2016, SEC.4. Amended by P.L.51-2019, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-5.5. Opioid Treatment Programs; Limitations; Report to General Assembly; Rules

Sec. 5.5. (a) The division may not grant specific approval to be a new opioid treatment program. This section does not apply to applications for new opioid treatment programs:
(1) pending prior to March 1, 2007; or
(2) that are operated by a hospital licensed under IC 16-21, an institution licensed under IC 12-25, or a certified community mental health center:
(A) within the licensed hospital, institution, or center; or
(B) in a separate office that meets federal opioid treatment program requirements;
and that meets the requirements of this section.
(b) A hospital licensed under IC 16-21, an institution licensed under IC 12-25, or a certified community mental health center may apply to the division to operate an opioid treatment program. Upon approval, the hospital, institution, or community mental health center may operate an opioid treatment program in compliance with this chapter and federal law.
(c) Before June 30, 2018, the division may approve the operation of not more than five (5) additional opioid treatment programs described in subsection (a)(2) only if the division determines as described in subsection (f) that there is a need for a new opioid treatment program in the proposed location and the requirements of this chapter are met.
(d) Beginning July 1, 2018, the division may approve the operation of not more than nine (9) additional opioid treatment programs described in subsection (a)(2) only if the division determines as described in subsection (f) that there is a need for a new opioid treatment program in the proposed location and the requirements of this chapter are met.
(e) Not later than June 30, 2018, the division shall report to the general assembly in an electronic format under IC 5-14-6 concerning whether any new opioid treatment programs have been approved under subsection (c). The report must include the following:
(1) The impact on access to opioid treatment programs.
(2) The number of individuals served in the opioid treatment programs approved under subsection (c).
(3) Treatment outcomes for individuals receiving services in the opioid treatment programs approved under subsection (c).
(4) Any recommendations the division has concerning future treatment programs.
(f) The division shall adopt rules under IC 4-22-2 setting forth the manner in which the division will determine whether there is a need for a new opioid treatment program in a proposed program location's geographic area.
As added by P.L.210-2007, SEC.1. Amended by P.L.116-2008, SEC.9; P.L.209-2015, SEC.14; P.L.195-2018, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-5.6. Central Registry

Sec. 5.6. (a) The division shall establish a central registry to maintain information concerning each patient served by an opioid treatment program.
(b) An opioid treatment program shall, at least monthly, provide to the division information required by the division concerning patients currently served by the opioid treatment program.
(c) Information that could be used to identify an opioid treatment program patient and that is:
(1) contained in; or
(2) provided to the division and related to;
the central registry is confidential.
As added by P.L.116-2008, SEC.10.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-5.8. Violations; Penalties

Sec. 5.8. (a) The state opioid treatment authority may take any of the following actions based on any grounds described in subsection (b):
(1) Issue a letter of correction.
(2) Reinspect an opioid treatment program facility.
(3) Deny renewal of, or revoke, any of the following:
(A) Specific approval to operate as an opioid treatment program.
(B) Certification of an opioid treatment facility.
(4) Impose a civil penalty in an amount not to exceed ten thousand dollars ($10,000) per violation.
(b) The state opioid treatment authority may take action under subsection (a) based on any of the following grounds:
(1) Violation of this chapter or rules adopted under this chapter.
(2) Permitting, aiding, or abetting the commission of any illegal act in an opioid treatment program facility.
(3) Conduct or practice found by the state opioid treatment authority to be detrimental to the welfare of an opioid treatment program patient.
(c) IC 4-21.5 applies to an action under this section.
As added by P.L.116-2008, SEC.12. Amended by P.L.181-2021, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-7. Adoption of Rules Establishing Standards and Protocols; Use of Alternative Medication for Treatment; Explanation of Side Effects

Sec. 7. (a) The division shall adopt rules under IC 4-22-2 to establish standards and protocols for opioid treatment programs to do the following:
(1) Assess new opioid treatment program patients to determine the most effective opioid treatment medications to start the patient's opioid treatment.
(2) Ensure that each patient voluntarily chooses maintenance treatment and that relevant facts concerning the use of opioid treatment medications are clearly and adequately explained to the patient.
(3) Have appropriate opioid treatment program patients who are receiving methadone for opioid treatment move to receiving other approved opioid treatment medications.
(b) An opioid treatment program shall follow the standards and protocols adopted under subsection (a) for each opioid treatment program patient.
(c) Subject to subsection (a), an opioid treatment program may use any of the following medications as an alternative for methadone for opioid treatment:
(1) Buprenorphine.
(2) Buprenorphine combination products containing naloxone.
(3) Naltrexone injectable and extended release.
(4) A federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.
(5) Any other medication that has been approved by:
(A) the federal Food and Drug Administration for use in the treatment of opioid addiction; and
(B) the division under subsection (e).
(d) Before starting a patient on a new opioid treatment medication, the opioid treatment program shall explain to the patient the potential side effects of the new medication.
(e) The division may adopt rules under IC 4-22-2 to provide for other medications, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence, as alternatives to methadone that may be used under subsection (a).
As added by P.L.131-2014, SEC.4. Amended by P.L.187-2015, SEC.21; P.L.209-2015, SEC.15.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 18. Methadone Diversion Control and Oversight Program › 12-23-18-7.5. Office Based Opioid Treatment Providers; Treatment Protocol; Clinical Practice Guidelines

Sec. 7.5. (a) This section applies to an office based opioid treatment provider who:
(1) has obtained a waiver from the federal Substance Abuse and Mental Health Services Administration (SAMHSA) and meets the qualifying standards required to treat opioid addicted patients in an office based setting; and
(2) has a valid federal Drug Enforcement Administration registration number and identification number that specifically authorizes treatment in an office based setting.
(b) The office of the secretary and the division shall develop a treatment protocol containing best practice guidelines for the treatment of opiate dependent patients. The treatment protocol must require the minimal clinically necessary medication dose, including, when appropriate, the goal of opioid abstinence, and including the following:
(1) Appropriate clinical use of any drug approved by the federal Food and Drug Administration for the treatment of opioid addiction, including the following:
(A) Opioid maintenance.
(B) Opioid detoxification.
(C) Overdose reversal.
(D) Relapse prevention.
(E) Long acting, nonaddictive medication assisted treatment medications.
(2) A requirement for initial and periodic behavioral health assessments for each patient.
(3) Appropriate use of providing overdose reversal, relapse prevention, counseling, and ancillary services.
(4) Transitioning off agonist and partial agonist therapies, when appropriate, with the goal of opioid abstinence.
(5) Training and experience requirements for prescribers of drugs described in subdivision (1) in the treatment and management of opiate dependent patients.
(6) A requirement that prescribers obtain informed consent from a patient concerning all available opioid treatment options, including each option's potential benefits and risks, before prescribing a drug described in subdivision (1).
(c) Before December 31, 2016, the office of the secretary shall recommend the clinical practice guidelines required under subsection (b) to:
(1) the Indiana professional licensing agency established under IC 25-1-5;
(2) the office of Medicaid policy and planning established under IC 12-8-6.5; and
(3) a managed care organization that has contracted with the office of Medicaid policy and planning.
As added by P.L.8-2016, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-1. "Mental Health and Addiction Forensic Treatment Services"

Sec. 1. (a) As used in this chapter, "mental health and addiction forensic treatment services" means evidence based treatment and recovery wraparound support services that may be provided to individuals in the criminal justice system who are charged with a felony offense, or have a prior felony conviction, and have been placed or are eligible to be placed in a pretrial services program, community corrections program, prosecuting attorney's diversion program, or jail as an alternative to commitment to the department of correction. The term includes the following:
(1) Mental health and substance abuse treatment, including:
(A) addiction counseling;
(B) inpatient detoxification;
(C) case management;
(D) daily living skills; and
(E) medication assisted treatment, including a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid or alcohol dependence.
(2) Vocational services.
(3) Housing assistance.
(4) Community support services.
(5) Care coordination.
(6) Transportation assistance.
(7) Mental health and substance abuse assessments.
(8) Competency restoration services.
(b) The term applies to services provided under a pilot program under section 2 of this chapter to individuals who are charged with a misdemeanor.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.69-2016, SEC.3; P.L.65-2018, SEC.4; P.L.57-2021, SEC.2.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-2. Eligibility; Use of Grants and Vouchers; Determination on Reimbursement

Sec. 2. (a) An individual is eligible for mental health and addiction forensic treatment services if:
(1) subject to subsection (d), the individual:
(A) is a member of a household with an annual income that does not exceed two hundred percent (200%) of the federal income poverty level;
(B) is a resident of Indiana;
(C) is:
(i) at least eighteen (18) years of age; or
(ii) subject to the approval of the Indiana commission to combat substance use disorder, less than eighteen (18) years of age and the individual is a defendant whose case is either waived from juvenile court to adult court or directly filed in adult court; and
(D) has entered the criminal justice system as a felon or with a prior felony conviction or is ordered to be committed for competency restoration services as described in IC 35-36-3-1(b); and
(2) subject to subsection (b), reimbursement for the service is not available to the individual through any of the following:
(A) A policy of accident and sickness insurance (IC 27-8-5).
(B) A health maintenance organization contract (IC 27-13).
(C) The Medicaid program (IC 12-15), excluding the Medicaid rehabilitation program and the Behavioral and Primary Health Coordination Program under Section 1915(i) of the Social Security Act.
(D) The federal Medicare program or any other federal assistance program.
(b) If an individual is not entitled to reimbursement from the sources described in subsection (a)(2) of the full amount of the cost of the mental health and addiction forensic treatment services, grants and vouchers under this chapter may be used to provide those services to the extent that the costs of those services exceed the reimbursement the individual is entitled to receive from the sources described in subsection (a)(2), excluding any copayment or deductible that the individual is required to pay.
(c) The division shall determine the extent to which an individual who is provided mental health and addiction forensic treatment services under this chapter is entitled to receive reimbursement from the sources described in subsection (a)(2).
(d) Notwithstanding subsection (a)(1)(D), subject to available funding and on the recommendation of the justice reinvestment advisory council (established by IC 33-38-9.5-2), the division may operate a pilot program applying the eligibility criteria in this section to individuals who are charged with a misdemeanor. If the division operates a pilot program under this subsection, the division shall issue annual reports to the justice reinvestment advisory council.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.243-2017, SEC.4; P.L.65-2018, SEC.5; P.L.57-2021, SEC.3; P.L.114-2022, SEC.21.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-3. Administration or Coordination of Services by Certified or Licensed Provider

Sec. 3. Except as provided in IC 12-23-19.5, mental health and addiction forensic treatment services may be administered or coordinated only by a provider certified by the division of mental health and addiction or licensed by the Indiana professional licensing agency to provide mental health and addiction treatment services.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.203-2017, SEC.3; P.L.195-2018, SEC.8.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-4. Mental Health and Addiction Forensic Treatment Services Account

Sec. 4. (a) As used in this section, "account" refers to the mental health and addiction forensic treatment services account established by subsection (b).
(b) The mental health and addiction forensic treatment services account is established for the purpose of providing grants and vouchers and for leveraging federal funds for the provision of mental health and addiction forensic treatment services. The account shall be administered by the division. The division may use money in the account only to fund grants and vouchers under this chapter that are provided to the following:
(1) Community corrections programs.
(2) Court administered programs.
(3) Probation and diversion programs.
(4) Community mental health centers.
(5) Certified or licensed mental health or addiction providers.
(6) Recovery community organizations certified by the division or its designee.
(7) Recovery residences certified by the division or its designee.
(c) The account consists of:
(1) appropriations made by the general assembly;
(2) grants; and
(3) gifts and bequests.
(d) The expenses of administering the account shall be paid from money in the account.
(e) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the account.
(f) Money deposited in the account may be used as the required state match under the Medicaid program.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.114-2018, SEC.8; P.L.57-2021, SEC.4; P.L.165-2021, SEC.144.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-5. Subrogation Concerning Reimbursement

Sec. 5. In the case of an individual who is provided mental health and addiction forensic treatment services under this chapter, the division is subrogated to the rights of the individual under any policy, contract, or program described in section 2(a)(2) of this chapter with respect to reimbursement under the policy, contract, or program for mental health and addiction forensic treatment services, excluding services provided through the Medicaid rehabilitation program and the Behavioral and Primary Health Coordination Program under Section 1915(i) of the Social Security Act.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-6. Education and Training on Involuntary Commitment and Medication Assisted Treatment

Sec. 6. (a) The division shall provide or cause to be provided education and training on the use of:
(1) involuntary commitment; and
(2) medication assisted treatment, including federal Food and Drug Administration approved long acting, nonaddictive medications for the treatment of opioid or alcohol dependence for individuals with an addictive disorder.
(b) The division shall provide or cause to be provided education and training required in subsection (a) to the following:
(1) Circuit and superior court judges.
(2) Prosecuting attorneys and deputy prosecuting attorneys.
(3) Public defenders.
(4) Programs and providers identified in section 4(b) of this chapter.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-7. Survey of Individuals Receiving Services; Report

Sec. 7. (a) The division shall survey individuals receiving mental health and addiction forensic treatment services under this chapter. The division shall survey and develop demographic research on such an individual one (1) year after the individual begins receiving the services. The survey must request information concerning:
(1) the employment status of the individual since the individual began receiving the services;
(2) whether the individual has been arrested, convicted of a crime, alleged to have violated probation, or placed in a community corrections program as an alternative to commitment to the department of correction since the individual began receiving the services; and
(3) the racial and ethnic demographics of the individuals referred.
(b) The division shall report to the justice reinvestment advisory council established by IC 33-38-9.5-2 any findings from the survey under subsection (a) concerning providing mental health and addiction forensic treatment services to individuals charged with a misdemeanor offense.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16. Amended by P.L.243-2017, SEC.5; P.L.57-2021, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-8. Coordination of Employment and Training Services

Sec. 8. During the year after an individual begins receiving mental health and addiction forensic treatment services under this chapter, the division shall work jointly with the department of workforce development to coordinate employment and training services for the individual.
As added by P.L.179-2015, SEC.10; P.L.209-2015, SEC.16.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants › 12-23-19-9. Appeals Process

Sec. 9. (a) On or before January 1, 2021, the division of mental health and addiction shall develop a comprehensive appeals process under the mental health and addiction forensic treatment services program when a corrective action plan is required.
(b) The appeals process described in subsection (a) must reserve the right to restrict ongoing treatment and referrals of new clients in cases of alleged abuse or neglect, filing false claims, providing false information, or waste. In all other cases, conscious effort should be made to ensure the maintained continuity of care of clients by allowing providers to continue to offer services while the corrective action plan is being completed.
As added by P.L.127-2020, SEC.6.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19.5. Addiction Treatment Teams › 12-23-19.5-1. "Addiction Treatment Team"

Sec. 1. As used in this chapter, "addiction treatment team" means a group of providers consisting of at least:
(1) either:
(A) an advanced practice registered nurse licensed under IC 25-23 with prescriptive authority to prescribe a legend drug; or
(B) a physician assistant licensed under IC 25-27.5;
(2) either:
(A) a psychologist licensed under IC 25-33;
(B) a licensed clinical addiction counselor licensed under IC 25-23.6-10.5; or
(C) another master's level licensed therapist certified by the division; and
(3) a recovery coach certified by a credentialing body endorsed by the division;
that provides comprehensive treatment for addiction and substance use disorders in a manner that moves a patient with an addiction or substance use disorder to abstinence or the lowest appropriate maintenance dose and provides, in consultation with the department of workforce development, educational services and vocational training that lead to employment.
As added by P.L.203-2017, SEC.4. Amended by P.L.129-2018, SEC.7.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19.5. Addiction Treatment Teams › 12-23-19.5-2. Addiction Treatment Services

Sec. 2. An addiction treatment team shall provide addiction treatment services with a goal of patient abstinence. An addiction treatment team shall provide the following services, when appropriate:
(1) Addiction counseling.
(2) Detoxification.
(3) Medication assisted treatment, including a long acting, nonaddictive medication that:
(A) has been approved by the federal Food and Drug Administration; and
(B) is used for the treatment of opioid or alcohol dependence.
As added by P.L.203-2017, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19.5. Addiction Treatment Teams › 12-23-19.5-3. Memorandum of Understanding

Sec. 3. When considered necessary, an addiction treatment team shall enter into a memorandum of understanding with the following:
(1) A pharmacy licensed under IC 25-26, for purposes of accessing medication assisted treatment drugs.
(2) A mental health provider that treats patients with substance use disorders, for the purpose of providing comprehensive treatment for a patient.
As added by P.L.203-2017, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19.5. Addiction Treatment Teams › 12-23-19.5-4. Reimbursement; Reimbursement System; Incentive Payments

Sec. 4. (a) The division shall reimburse for the use of addiction treatment teams from mental health and addiction forensic treatment services grants under IC 12-23-19 for those entities that have been approved by a community corrections advisory board (IC 11-12-2-2).
(b) The division shall develop a reimbursement system for addiction treatment teams that is sufficient to encourage the development and use of addiction treatment teams.
(c) The division may use private grants, gifts, and donations to provide additional incentive payments to addiction treatment teams for providing services in high risk areas with a substance abuse epidemic.
As added by P.L.203-2017, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 19.5. Addiction Treatment Teams › 12-23-19.5-5. Supplementing Treatment Infrastructure Shortages

Sec. 5. An addiction treatment team may supplement treatment infrastructure shortages by providing services in a mobile unit or temporary location, including in the following locations:
(1) Geographically high risk areas for substance use disorders.
(2) Medically underserved areas.
(3) Areas with a high incidence of neonatal abstinence syndrome.
(4) Areas with high forensic treatment services needs under IC 12-23-19.
As added by P.L.203-2017, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 21. Physician Medication Assisted Treatment Training Reimbursement Pilot Program › 12-23-21-1. "Waiver Training"

Sec. 1. As used in this chapter, "waiver training" refers to an eight (8) hour training program required under the federal Drug Addiction Treatment Act of 2000 for a qualified physician to prescribe schedule III, IV, and V controlled substances in settings other than an opioid treatment program for the treatment of opioid use disorders.
As added by P.L.168-2017, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 21. Physician Medication Assisted Treatment Training Reimbursement Pilot Program › 12-23-21-2. Establishment of Physician Medication Assisted Treatment Training Reimbursement Pilot Program; Administration

Sec. 2. (a) Subject to the approval of the Indiana commission to combat substance use disorder, the physician medication assisted treatment training reimbursement pilot program is established to provide reimbursement to physicians who meet the requirements of section 3 of this chapter, for the purpose of increasing the number of qualified physicians in Indiana with training in medication assisted treatment.
(b) The division shall administer the program.
As added by P.L.168-2017, SEC.3. Amended by P.L.114-2022, SEC.22.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 21. Physician Medication Assisted Treatment Training Reimbursement Pilot Program › 12-23-21-3. Requirements; Eligibility; Application Procedure

Sec. 3. (a) Physician training in medication assisted treatment must include the following:
(1) Waiver training.
(2) Training in the use of a federal Food and Drug Administration approved long acting, nonaddictive medication for the treatment of opioid dependence.
(3) Treatment protocols containing best practice guidelines for the treatment of opiate dependent patients as developed under IC 12-23-18-7.5(b).
(b) A physician licensed under IC 25-22.5 is eligible to participate in the reimbursement pilot program established under this chapter if the physician meets all of the following requirements:
(1) At least twenty-five percent (25%) of the physician's practice is providing obstetrics and gynecology services to pregnant women.
(2) The physician has not received the waiver training and meets all of the requirements for obtaining the training.
(3) The physician agrees to and receives the training in medication assisted treatment.
(c) The division shall determine the number of physicians approved for reimbursement under the reimbursement pilot program based on the availability of funds. The division shall apply for and seek any grants or funding available to fund the reimbursement pilot program.
(d) The division shall establish the procedure a physician must follow in order to apply for and receive reimbursement under the reimbursement pilot program.
As added by P.L.168-2017, SEC.3.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 21.5. Comprehensive Addiction Recovery Centers › 12-23-21.5-1. Certification of Comprehensive Addiction Recovery Centers; Grant Program

Sec. 1. The division shall establish:
(1) a comprehensive addiction recovery center certification for eligible entities that meet the requirements of this chapter; and
(2) a comprehensive addiction recovery center grant program for the purpose of assisting in the establishment or operation of comprehensive addiction recovery centers.
As added by P.L.145-2019, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 21.5. Comprehensive Addiction Recovery Centers › 12-23-21.5-3. Submission of Data; Confidentiality

Sec. 3. (a) Not later than September 1, 2020, each entity that is awarded a grant under this chapter to establish or operate a comprehensive addiction recovery center must submit to the division the following data:
(1) The programs and activities funded by the grant.
(2) The health outcomes, including recovery measures concerning housing and employment, of individuals with a substance use disorder who received services from the center.
(3) The effectiveness of interventions designed, tested, and evaluated by the center.
(4) Any other information required by the division to:
(A) evaluate the effectiveness of the center; and
(B) ensure that the center is complying with all of the requirements of the grant, including providing:
(i) the full continuum of services described in section 2(a) of this chapter; and
(ii) the drugs and devices for overdose reversal.
(b) Any data submitted under this section that identifies any patient information of a comprehensive addiction recovery center is confidential. However, the outcomes data may be released to any board, commission, department, division, bureau, committee, agency, office, instrumentality, or authority, by whatever name designated, exercising any part of the executive, administrative, judicial, or legislative power of the state.
As added by P.L.145-2019, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 21.5. Comprehensive Addiction Recovery Centers › 12-23-21.5-4. Fund

Sec. 4. (a) The comprehensive addiction recovery center fund is established for the purpose of carrying out this chapter. The fund shall be administered by the division. The expenses of administering the fund shall be paid from money in the fund.
(b) The fund shall consist of the following:
(1) Money appropriated to the fund by the general assembly.
(2) Money received from state or federal grants or programs.
(3) Donations, gifts, and money received from any other source.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(e) Expenditures from the fund may not be made unless the expenditure is approved by the executive director for drug prevention, treatment, and enforcement.
As added by P.L.145-2019, SEC.1.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-0.5. Approval by Commission

Sec. 0.5. This chapter is subject to the approval of the Indiana commission to combat substance use disorder.
As added by P.L.195-2018, SEC.9. Amended by P.L.114-2022, SEC.24.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-1. "Employee"

Sec. 1. As used in this chapter, "employee" means an individual who:
(1) has recently been hired by an employer; or
(2) is a current employee;
and failed a drug screening.
As added by P.L.195-2018, SEC.9. Amended by P.L.246-2019, SEC.4.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-4. Establishment of Best Practice Guidelines

Sec. 4. The division shall establish best practice guidelines to assist employers with employees who:
(1) are qualified for employment with the employer; and
(2) have failed a drug screening;
to employ the individual if the individual agrees to participate in a drug education and addiction treatment program that complies with the guidelines under this chapter as a condition of continued employment.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-5. Employee Eligibility Requirements

Sec. 5. An employee may be eligible for a treatment program under this chapter if the employee provides signed consent for the employer to receive necessary documentation regarding participation and completion of services.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-6. Division Responsibilities

Sec. 6. The division shall do the following:
(1) Promote voluntary participation for all employers regardless of the number of employees.
(2) Develop and deliver informational resources and training for employers that include the following information:
(A) A definition of a substance use disorder.
(B) Signs and symptoms of a substance use disorder.
(C) Appropriate treatment options for a substance use disorder.
(D) Required substance use disorder treatment confidentiality regulations, including regulations related to the federal Health Insurance Portability and Accountability Act (HIPAA) and adopted under 42 CFR Part 2.
(E) Insurance coverage navigation.
(F) Addiction recovery.
(G) Relapse and how to manage it.
(H) Creating a recovery supportive work environment.
(I) A list of certified addiction treatment providers that an employer may use under the guidelines to provide onsite drug education and addiction treatment services for the employees.
(J) Referrals to addiction treatment professionals licensed under IC 25-23.6.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-7. Guideline Requirements; Employer Authority

Sec. 7. (a) The guidelines must include the following components:
(1) Referral for:
(A) clinical assessment and evaluation;
(B) education; and
(C) treatment, if clinically indicated.
(2) Verification the employee has:
(A) actively participated in a recommended drug education and addiction treatment program; and
(B) demonstrated successful compliance with the initial assessment and evaluation recommendations.
(3) Providing for a follow-up drug testing plan for the employee.
(4) Guidance to employers for actions allowed under subsection (b).
(b) An employer may do the following:
(1) Require the employee to participate in the recommended drug education and addiction treatment services as a condition of employment.
(2) Discipline or terminate the employment of an employee who does not comply with the recommendations for the employee's recommended drug education and addiction treatment services.
(3) Elect to pay for all or part of the employee's drug education and addiction treatment services.
(4) If the employee has assigned the employee's wages under IC 22-2-6-2(a), deduct from the employee's wages to pay for a part of the employee's drug education and addiction treatment services.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-8. Violation of Policy; Notification of Treatment Provider

Sec. 8. If an employee who is in a recommended drug education and addiction treatment program violates the employer's drug policy, the employer is not required to provide any subsequent recommended drug education and addiction treatment. However, if an employer offers an employee an opportunity to retain employment after a violation of the drug policy, the employer shall ensure that the treatment provider is notified of the employee's violation of the employer's drug policy.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-9. Annual Collection of Information by Division; Report

Sec. 9. (a) The division shall annually collect the following information:
(1) The number of employers participating under this chapter.
(2) The following information that each participating employer must submit to the division by March 1 for the preceding calendar year:
(A) The number of individuals who applied for employment and failed a drug screening.
(B) The number of individuals in clause (A) who were offered employment under the guidelines.
(C) The number of individuals in clause (B) who accepted the offer of employment under the guidelines.
(D) The number of individuals in clause (B) who declined the offer of employment under the guidelines.
(E) The number of individuals in clause (C) who completed a recommended drug education and addiction treatment program.
(3) Any other relevant information determined by the division.
(b) The division shall report the information collected under subsection (a) to the legislative council. The report submitted under this subsection must be in an electronic format under IC 5-14-6.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-10. Criteria Compliance With Federal Law

Sec. 10. The division shall ensure that the criteria for appropriate drug education and addiction treatment services meet federal requirements under:
(1) Executive Order 12564; and
(2) Public Law 100-71.
As added by P.L.195-2018, SEC.9.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 23. Employee Substance Abuse Treatment › 12-23-23-12. Immunity; Not Admissible as Evidence

Sec. 12. (a) If an employer complies with the requirements under this chapter, the employer is not liable for a civil action alleging negligent hiring for a negligent action by the employee as a result of the employee's drug addiction in the scope of employment.
(b) Referral and treatment by an employee assistance program is not sufficient to constitute compliance with this chapter unless all the other requirements of this chapter are met.
(c) In a civil action that is against an employer, an employer's agent, or an employer's employee, an employer's participation in a drug education or addiction treatment program is not admissible as evidence.
As added by P.L.195-2018, SEC.9. Amended by P.L.246-2019, SEC.5.
2023 Indiana Code › Title 12. Human Services › Article 23. Addiction Services › Chapter 24. Community and Faith Based Substance Abuse Programs Grant › 12-23-24-1. Establishment; Administration of Program

Sec. 1. (a) The division may establish and administer a community and faith based substance abuse programs grant for the purpose of assisting in the funding of newly established and existing community and faith based substance abuse programs administered by at least one (1) nonprofit community or faith based entity that is intended to support individuals in:
(1) avoiding abuse of; or
(2) overcoming addiction to;
at least one (1) substance.
(b) The division shall administer the program. The division shall create a grant application for the grant and develop a process for receiving and evaluating completed grant applications. In reviewing a submitted grant application, the division shall contact at least one (1) of the following that the applicant has designated in the grant application to obtain input about the applicant's program success:
(1) A drug court judge or magistrate.
(2) A judge or magistrate who considers drug related prosecutions.
(3) The supervising judge of a court alcohol and drug services program.
(4) A chief law enforcement officer in the geographical area in which the applicant is providing services.
(5) Any other person the division has determined would be acceptable to obtain the input required in this subsection.
As added by P.L.96-2019, SEC.1.