reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-22 - Drug testing

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18-1; IC
				  12-23-18-2.5
Sec. 22.
(a) An OTP
				shall do the following:
(1) Use medically
				recognized drug testing protocols:
(A) to
				determine legitimate treatment use; and
(B) as a clinical tool for the purpose of
				diagnosis and treatment planning.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-23 - Treatment plan

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 23.
(a) An
				initial individualized treatment plan, based on information obtained during the
				admission process, shall:
(1) be established
				following a patient's admission to the OTP;
(2) guide the first three (3) months of the
				patient's treatment;
(3) be
				completed within fourteen (14) days following the patient's
				admission;
(4) identify the:
(A) goals on which the patient shall
				work;
(B) time frames for goal
				attainment; and
(C) strategies to
				be used by the OTP to facilitate the patient's goal
				attainment;
(5) include
				goals to address the patient's needs as identified in the:
(A) physical evaluation;
(B) substance abuse assessment;
(C) physical examination; and
(D) results of drug testing of the patient;
				and
(6) include the
				following goals:
(A) the stabilization of the
				patient on treatment medication;
(B) an assessment of the patient's readiness
				to discontinue treatment medication;
(C) a discontinuation of treatment
				medication, as clinically indicated; and
(D) at least one (1) of the goals in
				subsection (b).
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-24 - Patient orientation

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 24.
(a) Within
				seven (7) days of admission, a patient admitted to the OTP shall receive an
				orientation to OTP services providing information on the following:
(1) The mission and goals of the
				OTP.
(2) The hours during which
				services are provided.
(3)
				Treatment costs.
(4) Patient rights
				and responsibilities.
(5)
				Counseling services.
(6) Federal
				confidentiality requirements.
(7)
				Attendance expectations.
(8) The
				OTP's treatment philosophy and program structure.
(9) The:
(A)
				attainment of self-administered dose privileges; and
(B) requirements to maintain the
				privileges.
(10) Referral
				to services not provided by the OTP.
(11) Rules governing patient conduct and
				infractions that can lead to disciplinary action or discharge from the
				OTP.
(12) Information about
				initiating a discontinuation of medication.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-25 - Patient compliance with program rules

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 25.
(a) To
				remain enrolled in the program, a patient shall do the following:
(1) Comply with program rules and
				expectations.
(2) Demonstrate
				progress toward identified goals.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-26 - Self-administered medication

Current through July 10, 2024
Authority: IC 12-23-1-6; IC 12-23-18
Affected: IC 12-23-18-5
Sec. 26.
(a) An OTP
				shall do the following:
(1) Comply with the
				requirements in this section for a patient's self-administration of opioid
				treatment medication.
(2) Implement
				practices in accordance with the principle that obtaining unsupervised doses of
				opioid treatment medication is a privilege given only to a patient who:
(A) will benefit from obtaining unsupervised
				doses; and
(B) has demonstrated
				responsibility in taking opioid treatment medication as prescribed and toward
				the patient's overall recovery program.
(3) Not provide an enrolled patient with any
				dose of opioid treatment medication for self-administration until the clinical
				staff has observed the patient's ingestion of opioid treatment medication for
				at least five (5) days.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-27 - Reduction or discontinuation of medication

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 27.
(a) An OTP
				shall do the following:
(1) Comply with the
				requirements in this section with regard to the reduction or discontinuation of
				treatment medication.
(2) Perform
				routine evaluations to determine the readiness of a patient to reduce or
				discontinue treatment medication, with the goal of achieving complete
				abstinence, if clinically appropriate for the patient in the reasonable
				judgment of an OTP program physician. An OTP is responsible for ongoing relapse
				prevention treatment for patients who reduce or discontinue medication, either
				directly or through a referral to an allied clinician or treatment
				program.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-28 - Medication in extenuating circumstances

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 28.
(a) Based
				on reasonable clinical judgment, the medical director may grant opioid
				treatment medication to a patient for extenuating circumstances that prevent
				the patient's attendance at the OTP for a period not exceeding forty-eight (48)
				hours related to the following:
(1) The
				patient's medical condition.
(2)
				The patient's criminal justice requirements.
(3) The patient's family or employment
				circumstances.
(4) Other
				circumstances of the patient.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-29 - Interim services

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 29.
(a) An OTP
				shall have written policies and procedures concerning guest dosing pertaining
				to both:
(1) the OTP's patients;
				and
(2) a patient receiving interim
				services at the OTP.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-30 - Patient transfer

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 30.
(a) An OTP
				shall have written policies and procedures concerning a patient's transfer from
				one (1) OTP to another.
(b) For all
				transferring patients, the transferring OTP shall do the following:
(1) With written authorization from the
				patient:
(A) contact the receiving OTP to
				inform the receiving OTP of the transfer; and
(B) provide all relevant patient records,
				including necessary treatment information, to the receiving
				OTP.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-31 - Outcome measures

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 31.
(a) Among
				the goals established for all patients are the following outcome measures:
(1) An elimination of the following:
(A) The use of prescription
				opioids.
(B) The illegal use of
				nonprescription opioids.
(C) The
				illegal use of drugs other than opioids.
(D) Criminal behavior.
(E) Risky behavior related to the spread of
				infectious disease.
(F) Alcohol
				abuse.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-32 - Quality assurance

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18-5.7
Sec. 32.
An OTP shall do the following:
(1) Participate in and meet the requirements
				of all quality assurance efforts required by the division.
(2) Prepare and maintain current quality
				assurance and quality control plans that include the following:
(A) An annual review of program policies and
				procedures.
(B) At least an annual
				review and evaluation of patient outcomes, including, but not limited to, a
				review of random samples of the following:
(i)
				The records of patients, including pregnant patients, currently in
				treatment.
(ii) The records of
				patients who voluntarily withdrew from treatment, including the following:
(AA) Patients who completed medically
				supervised dosage reduction.
(BB)
				Patients who left treatment against medical advice.
(C) The records of patients who
				have undergone a medically supervised dosage reduction as a result of
				involuntary discharge from the program.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-33 - Central registry

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18-5.6
Sec. 33.
(a) The
				division shall establish and maintain an electronic central registry to collect
				the following:
(1) Information concerning each
				patient served by Indiana OTPs.
(2)
				Information specific to each OTP.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-34 - Submission of data to the central registry

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18-5.6
Sec. 34.
(a) An OTP
				shall report and maintain information in the central registry, or by other
				means designated by the division, to assure that the division collects all
				information required by IC
				12-23-18-5.7
[
IC
				12-23-18-5.7
was repealed
				by P.L.
				28-2012,
				SECTION
				17, effective July 1, 2012.]
,
				including the following:
(1) The number of
				OTPs in Indiana.
(2) The number of
				patients receiving opioid treatment in Indiana.
(3) The length of time each patient received
				opioid treatment.
(4) The average
				length of time all patients received opioid treatment.
(5) The cost of each patient's opioid
				treatment.
(6) The average cost of
				opioid treatment.
(7) The number of
				patients who are:
(A) determined to be no
				longer in need of services; and
(B)
				no longer receiving opioid treatment.
(8) The number of individuals, by geographic
				area, who are on a waiting list to receive opioid treatment.
(9) The patient information reported to the
				central registry.
(10) The number
				of patients who tested positive under a test for a controlled substance or
				illegal drug not allowed under section 22 of this rule.
(11) The number of patients in subdivision
				(10) who were discharged from the OTP.
(12) Any other information the division
				determines to be relevant to assure the quality of an OTP.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-35 - Incident reporting

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 35.
(a) An OTP
				shall notify the division in the manner designated by the division within
				twenty-four (24) hours after an OTP is notified of the occurrence of any of the
				following events:
(1) A serious patient
				injury with the potential loss of functioning or the marked deterioration of a
				patient's condition occurring under unanticipated or unexpected
				circumstances.
(2) A chemical
				poisoning occurring within the OTP resulting in harm or injury to a
				patient.
(3) An unexplained loss or
				theft of a controlled substance.
(4) The death of either of the following:
(A) An enrolled patient.
(B) An individual residing with an enrolled
				patient if the death is related to the ingestion of opioid treatment
				medication.
(5) A
				disruption, exceeding four (4) hours, in the continued safe operation of the
				OTP or in the provision of patient care, caused by any of the following:
(A) Internal or external disasters.
(B) Strikes by health care workers.
(C) Unscheduled revocation of vital
				services.
(6) Any fire or
				explosion.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-36 - Community education and outreach

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 36.
(a) The OTP
				shall develop and implement a plan for a community education program designed
				to provide information to, but not limited to, the following sectors of the
				community where the OTP is located:
(1) Law
				enforcement.
(2) Local coordinating
				councils.
(3) The medical
				community, including the following:
(A)
				Obstetricians.
(B)
				Pediatricians.
(C)
				Hospitals.
(4) Health
				departments.
(5) Mental health and
				addiction service providers.
(6)
				Courts.
(7) Government
				agencies.
(8)
				Schools.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-37 - Program monitoring

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 37.
The division shall conduct the following program
				  monitoring:
(1) An annual on-site
				inspection of each OTP to assess compliance with the program requirements of
				this article.
(2) Monitoring of
				each OTP's diversion control plan under section 2 of this rule.
(3) Other monitoring activities as needed to:
(A) investigate complaints; and
(B) assure compliance with:
(i) this rule;
(ii) other applicable state rules;
				and
(iii) federal
				regulations.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-38 - Program fees

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18-3; IC
				  12-23-18-4
Sec. 38.
(a) Each
				OTP shall annually, as set forth herein, submit fees to the division to be
				deposited in the OTP fund administered by the division, hereinafter referred to
				as "the fund".
(b) Money in the
				fund shall be used to pay all expenses of administering the following:
(1) The requirements of IC
				12-23-18.
(2) The OTP fund. Money in the fund does not
				revert to the state general fund.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-39 - Conditional status for specific approval of opioid treatment program

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 39.
The division shall do the following:
(1) Issue to an OTP a notice of conditional
				status of the specific approval granted under this rule upon the division's
				investigation and determination of any of the following conditions:
(A) A substantive change in the OTP's
				accreditation status other than revocation of the accreditation.
(B) A failure to do the following:
(i) Renew accreditation within ninety (90)
				days following the expiration of an OTP's current accreditation.
(ii) Comply with the provisions of section 2
				of this rule concerning the requirements for a diversion control
				plan.
(iii) Comply with this
				article.
(C) Any conduct
				or practice in the operation of an OTP that is found to be detrimental to the
				health or welfare of the patients or the staff of the OTP.
(D) The physical health or safety of the
				patients or the staff of the OTP is compromised by a physical or sanitary
				condition of a physical facility of the OTP.
(E) The violation of, or failure to comply
				with, a federal or state statute, rule, or regulation, including IC
				12-23-18, 42 CFR Part 8 , or this
				rule, in the course of the operation of an OTP.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-40 - Termination of specific approval of opioid treatment program

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 40.
(a) The
				division shall terminate the specific approval of an OTP if any of the
				following occurs:
(1) The OTP that has a
				conditional status fails to meet the division's requirements within the
				allotted time period.
(2) The
				accreditation of the OTP is revoked.
(3) The OTP's federal Drug Enforcement Agency
				registration is terminated.
(4) The
				OTP's controlled substances registration certificate issued by the Indiana
				board of pharmacy is terminated.
(5) The OTP's facility certification is
				terminated.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-41 - Penalties and appeals

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC 4-21.5; IC
				  12-23-18-5.8
Sec. 41.
(a) The
				division director may take any of the following actions based on any grounds
				described in subsection (b):
(1) Issue a
				letter of correction to the OTP.
(2) Reinspect the OTP.
(3) Issue a notice of conditional status of
				the OTP's specific approval.
(4)
				Deny the renewal of or revoke the OTP's specific approval.
(5) Impose a civil penalty in an amount not
				exceeding ten thousand dollars ($10,000).
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-42 - Phase treatment

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  12-23-18
Sec. 42.
(a) An OTP
				shall follow the maximum take home schedule as follows:
(1) For patient time in treatment starting
				day one (1) through day ninety (90), the patient shall be allowed no more than
				one (1) take home dose of medication per week.
(2) For patient time in treatment starting
				day ninety-one (91) through day one hundred eighty (180), the patient shall be
				allowed no more than two (2) take home doses of medication per week.
(3) For patient time in treatment starting
				day one hundred eighty-one (181) through day two hundred seventy (270), the
				patient shall be allowed no more than three (3) take home doses of medication
				per week.
(4) For patient time in
				treatment starting day two hundred seventy-one (271) through day three hundred
				sixty-five (365), the patient shall be allowed no more than six (6) take home
				doses of medication per week.
(5)
				For patient time in treatment after one (1) year, the patient shall be allowed
				no more than seven (7) take home doses of opioid treatment medications per week
				unless the OTP obtained prior authorization from the
				division.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 10 - MINIMUM STANDARDS FOR THE PROVISION OF SERVICES BY OPIOID TREATMENT FACILITIES AND PROGRAMS › Rule 4 - Specific Approval of Opioid Treatment Programs › Section 4-43 - Legislative mandate reporting requirements

Current through July 10, 2024
Authority: IC
				  12-23-1-6; IC
				  12-23-18
Affected: IC
				  5-14-6; IC
				  12-23-18-5.6
Sec. 43.
(a) An OTP
				shall report the following to the division:
(1) The medications dispensed by the
				program.
(2) Total clinic
				enrollment.
(3) The medication
				delivery process, which includes whether the medication was in liquid, film, or
				another form.
(4) The total number
				of doses dispensed of each medication.
(5) The total dosage quantities dispensed for
				each medication.
(6) The number of
				patients receiving take home medications.
(7) The total number of days of medication
				dispensed, including take homes and from clinic, across all patients.
(8) Patient demographic information for each
				medication, including gender, age, and time in treatment.
(9) The dispenser's United States Drug
				Enforcement Agency registration number.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-2 - "Accreditation" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 2.
"Accreditation" means an accrediting agency has determined
				  that a CMHC has met specific requirements of the accrediting
				  agency.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-3 - "Accrediting agency" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 3.
"Accrediting agency" means an organization, included on a
				  list of accrediting organizations approved by the division, that:
(1) has developed clinical, financial, and
				organizational standards for the operation of a provider of mental health
				services; and
(2) evaluates a
				provider's compliance with the organization's established standards on a
				regularly scheduled basis.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-4 - "Assertive community treatment" or "ACT" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 4.
"Assertive community treatment" or "ACT" means treatment by
				  a multidisciplinary team that has the responsibility for the direct provision
				  of community-based psychiatric treatment, assertive outreach, rehabilitation,
				  and support services to an adult population with serious mental illness that
				  also has co-occurring problems or multiple hospitalizations and meets the
				  requirements of this article.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-5 - "Authorized health care professional" or "AHCP" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19; IC
				  25-23-1; IC
				  25-27.5-5
Sec. 5.
"Authorized health care professional" or "AHCP" means the
				  following:
(1) A physician assistant
				with the authority to prescribe, dispense, and administer drugs and medical
				devices or services under an agreement with a supervising physician and subject
				to the requirements of IC
				25-27.5-5.
(2) A nurse practitioner or a clinical nurse
				specialist, with prescriptive authority and performing duties within the scope
				of that person's license and under the supervision of, or under a supervisory
				agreement with, a licensed physician under IC
				25-23-1.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-6 - "Community mental health center" or "CMHC" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6; IC
				  12-7-2-38
Affected: IC
				  12-24-19; IC 23-17
Sec. 6.
"Community mental health center" or "CMHC" means a program
				  of services that meets the following conditions:
(1) Is approved by the division.
(2) Is organized for the purpose of providing
				multiple services for persons with mental illness or a chronic addictive
				disorder.
(3) Is operated by one
				(1) of the following or any combination of the following:
(A) A city, a town, a county, or another
				political subdivision of Indiana.
(B) An agency of the state.
(C) An agency of the United States.
(D) A political subdivision of another
				state.
(E) A hospital owned or
				operated by a unit of government described in clauses (A) through
				(D).
(F) A building authority
				organized for the purpose of constructing facilities to be leased to units of
				government.
(G) A corporation
				incorporated under IC
				23-7-1.1 (before its repeal August
				1, 1991) or IC 23-17.
(H) A
				nonprofit corporation incorporated in another state.
(I) A university or
				college.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-7 - "Direct service" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 7.
"Direct service" means contact between ACT team staff and an
				  individual or individual's family that is either face-to-face or by telephone.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-8 - "Division" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 8.
"Division" means the division of mental health and
				  addiction.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-9 - "Full-time equivalent" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 9.
"Full-time equivalent" means full-time as defined by the
				  policy of a CMHC.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-10 - "Individual" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 10.
"Individual" means a person who is receiving assessment or
				  mental health services from an ACT team.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-11 - "Licensed professional" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19; IC
				  25-23.6-10.5
Sec. 11.
"Licensed professional" means any of the following persons:
(1) A psychiatrist.
(2) A physician.
(3) A licensed psychologist or a psychologist
				endorsed as a health service provider in psychology (HSPP).
(4) A licensed clinical social worker
				(LCSW).
(5) A licensed mental
				health counselor (LMHC).
(6) A
				licensed marriage and family therapist (LMFT).
(7) A licensed clinical addiction counselor
				(LCAC), as defined in IC
				25-23.6-10.5.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-12 - "Other behavioral health professional" or "OBHP" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19; IC
				  25-23.6-10.5
Sec. 12.
"Other behavioral health professional" or "OBHP" means any
				  of the following persons:
(1) An
				individual with an associate's or bachelor's degree, or equivalent behavioral
				health experience, meeting minimum competency standards set forth by the CMHC
				and supervising licensed professional.
(2) A licensed addiction counselor, as
				defined in IC
				25-23.6-10.5, and supervised by a
				licensed professional or a QBHP.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-13 - "Person-centered planning" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 13.
"Person-centered planning" means a process-oriented approach
				  to empower an individual with a serious mental illness to define the services
				  and supports necessary for recovery.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-14 - "Qualified behavioral health professional" or "QBHP" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 14.
"Qualified behavioral health professional" or "QBHP" means
				  any of the following persons:
(1) An
				individual who has had at least two (2) years of clinical experience treating
				persons with mental illness under the supervision of a licensed professional,
				with such experience occurring after the completion of a master's degree or a
				doctoral degree, or both, in any of the following disciplines:
(A) Psychiatric nursing or mental health
				nursing from an accredited university, plus a license as a registered nurse in
				Indiana.
(B) Pastoral counseling
				from an accredited university.
(C)
				Rehabilitation counseling from an accredited university.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 1 - Definitions › Section 1-15 - "Remote participation" defined

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 15.
"Remote participation" means live participation by audio or
				  visual means between:
(1) team members
				at a meeting site; and
(2) a team
				member at another location.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-1 - Applicability

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 1.
This rule applies to all CMHCs operating ACT teams.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-2 - Certification by the division

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 2.
(a) An ACT
				team must be a part of a CMHC that:
(1) is
				currently certified by the division; and
(2) has maintained such certification for at
				least two (2) consecutive years at the time of application for certification of
				an ACT team under this rule.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-3 - Certification

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 3.
(a) An
				application for certification of an ACT team must include documentation that
				the team:
(1) has operated in compliance with
				the operational standards under this article for a period of three (3)
				consecutive months; and
(2) meets
				the staffing standards contained in this rule.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-4 - Conditional certification

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 4.
(a) The
				division shall issue a conditional certification under this article upon the
				division's investigation and determination of any of the following conditions:
(1) A failure to comply with this article.
(2) A substantive change in a
				CMHC's accreditation status other than the revocation of accreditation.
(3) Failure of a CMHC to renew
				accreditation within ninety (90) days following expiration of the CMHC's
				current accreditation.
(4) A
				substantive change in a CMHC's certification status other than termination.
(5) Conduct or any practice in the
				operation of a team that is found by the division to be detrimental to the
				welfare of individuals served by the team.
(6) A violation of a federal or state
				statute, rule, or regulation in the course of the operation of an ACT team.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-5 - Termination of certification

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 5.
(a) The
				division shall terminate the certification of the team if any of the following
				occurs:
(1) The CMHC's accreditation is
				revoked.
(2) An ACT team that has a
				conditional certification under section 4 of this rule fails to meet the
				requirements of the division within the period of time required.
(3) The CMHC's certification is terminated.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-6 - Transfer of certification

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 6.
Each certification is specific to one (1) team. The
				  certification may not be transferred to another team within a
				  CMHC.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 2 - Certification of Assertive Community Treatment Teams › Section 2-7 - Appeal rights

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  4-21.5-3
Sec. 7.
A CMHC that is aggrieved by any adverse action taken under
				  this rule may appeal the action under IC
				  4-21.5-3.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-1 - Staff positions and requirements for ACT teams serving 50 or fewer individuals

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19; IC
				  25-23.6-10.5-1; IC
				  25-23.6-10.5-2
Sec. 1.
(a) An ACT
				team serving fifty (50) or fewer individuals shall have qualified individuals
				to fill the staff positions and perform the functions in this
				section.
(b) Each team serving
				fifty (50) or fewer individuals must be composed of the required psychiatrist
				or AHCP and at least the following full-time core staff:
(1) A team leader.
(2) A registered nurse.
(3) A substance abuse specialist.
(4) A vocational specialist.
(5) Two (2) OBHPs; or one (1) OBHP and one
				(1) recovery specialist.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-2 - Staff requirements for ACT teams serving more than 50 individuals

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 2.
(a) An ACT
				team serving more than fifty (50) individuals shall have qualified staff to
				fill the functions in this section.
(b) Staff for the positions of psychiatrist
				or AHCP, registered nurse, and licensed practical nurse shall be added in
				accordance with the following provisions:
(1)
				When ateam serves more than fifty (50) individuals, the required additional
				time of either the psychiatrist or the AHCP must be prorated at the rate of a
				total sixteen (16) hours per week for fifty (50) individuals.
(2) When ateam serves more than fifty (50)
				individuals, the additional time of the registered nurse may be accomplished by
				adding a licensed practical nurse. Whether the additional time is fulfilled by
				a registered nurse or a licensed practical nurse, the time must be prorated at
				the rate of one (1) full-time equivalent per week for fifty (50) individuals.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-3 - Operational standards

Current through July 10, 2024
Authority: IC 12-21-2-3; IC 12-24-19-6
Affected: IC 12-24-19
Sec. 3.
(a) Each ACT
				team shall meet the operational standards in this section.
(b) All individuals admitted to the ACT team
				must meet the admission criteria in section 4 of this rule.
(c) At least eighty percent (80%) of the
				individuals must have a 295-296 Axis I diagnosis as defined in the Diagnostic
				and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision,
				published by the American Psychiatric Association, 2000. This document is
				incorporated by reference and is available from the publisher, the American
				Psychiatric Association, 1400 K Street NW, Washington, D.C. 20005. It is also
				available for review and inspection at the Division of Mental Health and
				Addiction, Indiana Family and Social Services Administration, IGCS Room W353,
				402 West Washington Street, Indianapolis, IN 46204.
(d) An ACT team shall not admit more than
				five (5) individuals per month.
(e)
				The ACT team shall operate at least eight (8) hours per day from Monday through
				Friday.
(f) On weekends and
				holidays, an ACT team shall provide at least two (2) hours of direct service
				per day, subject to the following:
(1) On
				weekends and holidays, if a team member has scheduled a face-to-face contact
				with an individual or the individual's family, and if the individual or
				individual's family fails to attend or to appear for the appointment, the
				attempt at contact will be counted toward the two (2) hours of direct service
				required in this subsection.
(2) An
				inability to contact an individual by telephone will not be counted toward
				meeting the requirement for two (2) hours of direct service per day on a
				weekend or holiday.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-4 - ACT admission and discharge criteria

Current through July 10, 2024
Authority: IC 12-21-2-3; IC 12-24-19-6
Affected: IC 12-24-19
Sec. 4.
(a) All
				individuals admitted to ACT must meet the following criteria:
(1) Be at least eighteen (18) years of
				age.
(2) Meet the division criteria
				for persons with serious mental illness as defined in
				440 IAC 8-2-2.
(3) Require intensive, community based
				services as specified in the admission criteria for ACT, which shall include an
				assessment of the following:
(A) Level of
				need based on the adult needs and strengths assessment tool or its
				successor.
(B) Discharge from a
				state psychiatric hospital within the previous twelve (12) months.
(C) Other psychiatric hospitalizations in the
				previous two (2) years.
(D)
				Criminal justice or legal system involvement.
(E) Co-occurring substance abuse.
(F) Homelessness or imminent risk of
				homelessness.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-5 - Support and rehabilitative services

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 5.
(a) Services
				provided to each individual shall be based on an individualized rehabilitation
				plan that meets the following requirements:
(1) An initial plan is prepared within seven
				(7) business days of an individual's admission to ACT services.
(2) A comprehensive plan that is a
				person-centered plan must be developed within thirty (30) days of admission.
(3) The plan:
(A) is developed by the individual and the
				ACT team; and
(B) may include
				others whom the individual chooses to be a part of the treatment
				team.
(4) The plan
				contains:
(A) specific goals; and
(B) objective criteria for meeting the
				goals.
(5) The plan
				includes criteria for graduation.
(6) The individual and ACT team shall:
(A) review the plan at least every ninety
				(90) days; and
(B) update the plan
				at least annually.
(7)
				The plan shall be signed by the individual and the team
				members.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-6 - Program improvement and evaluation

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19
Sec. 6.
(a) The ACT
				team shall monitor the following:
(1)
				Hospitalization, housing, and employment outcomes for all
				individuals.
(2) The team's
				compliance with this article quarterly and shall modify team operations as
				indicated.
(3) Compliance with the
				operational standards contained in this rule at least monthly.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-7 - Notification of change

Current through July 10, 2024
Authority: IC
				  12-21-2-3; IC
				  12-24-19-6
Affected: IC
				  12-24-19; IC 12-27
Sec. 7.
(a)
				Notwithstanding subsection (b), a CMHC must notify the division, in writing,
				within thirty (30) days after the occurrence of any of the following:
(1) A documented violation of the rights of
				an individual being treated for mental illness under IC 12-27.
(2) A suicide attempt by an
				individual.
(3) The death of an
				individual.
Indiana Administrative Code › Title 440 - DIVISION OF MENTAL HEALTH AND ADDICTION › Article 11 - ASSERTIVE COMMUNITY TREATMENT TEAMS › Rule 3 - Operational Standards and Requirements › Section 3-8 - Appeal rights

Current through July 10, 2024
Authority: IC
				  12-21-2-3
Affected: IC
				  4-21.5-3
Sec. 8.
A CMHC that is aggrieved by an adverse action taken by the
				  division under this article may appeal the action under IC
				  4-21.5-3.
Indiana Administrative Code › Title 450 - DEPARTMENT ON AGING AND COMMUNITY SERVICES › Article 1 - AGING (TRANSFERRED)

Current through July 10, 2024
Transferred from the Department on Aging and Community Services (450 IAC 1) to the Division of Aging and Rehabilitative Services (460 IAC 1) by  P.L. 41-1987,  SECTION 23, effective July 1, 1987.
Indiana Administrative Code › Title 455 - DIVISION OF AGING › Article 1 - AGING › Rule 1 - Nursin › Section 1-1 - Purpose

Current through July 10, 2024
Authority: IC 12-9.1-2-3
Affected: IC 12-10-12-33; IC 12-10-12-34; IC 12-15
Sec. 1.
The purpose of the health facility preadmission screening program is to determine whether there are community services available for individuals who need assistance with the tasks of daily living that would be more appropriate than care in a health facility and, if so, to deny permission to enter a health facility unless the individual is willing to forego eligibility for certain Medicaid reimbursement for a period of time beginning from the date of admission as specified in IC 12-10-12-33 and IC 12-10-12-34.
Transferred from the Department on Aging and Community Services ( 450 IAC 1-1-1 ) to the Division of Aging and Rehabilitative Services ( 460 IAC 1-1-1 ) by P.L. 41-1987, SECTION 23, effective July 1, 1987.
Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-1-1 ) to the Division of Aging ( 455 IAC 1-1-1 ) by P.L. 153-2011, SECTION 21, effective July 1, 2011.