Section 440 IAC 5-1-1 - ApplicabilityAuthority: IC 12-8-1.5-9; IC 12-24-19-6
Affected: IC 11-10-4; IC 12-7-2-61; IC 12-24-19; IC 12-26; IC 35-36-2-4; IC 35-36-3; IC 35-41-1
Sec. 1.
(a) This rule applies only to a patient who is transferred or discharged from a state institution administered by the division of mental health after the effective date of this rule. (b) This rule does not apply to any of the following: (1) An individual who is admitted to a state institution only for evaluation purposes.(2) An individual who is incompetent to stand trial under IC 35-36-3.(3) An individual who is found to be not guilty by reason of insanity under IC 35-36-2-4 and is subject to a civil commitment under IC 12-26.(4) An individual who is immediately subject to a civil commitment upon the individual's release from incarceration in a facility administered by the department of correction or the Federal Bureau of Prisons, or upon being charged with or convicted of a forcible felony under IC 35-41-1.(5) An individual placed under the supervision of the division for addictions treatment under IC 12-23-7[IC 12-23-7 was repealed by P.L. 113-2014, SECTION 38, effective July 1, 2014.] and IC 12-23-8[IC 12-23-8 was repealed by P.L. 113-2014, SECTION 39, effective July 1, 2014.].(6) An individual transferred from the department of correction under IC 11-10-4.(7) An individual who has a developmental disability as defined in IC 12-7-2-61.(8) An individual in an alcohol and drug services program who is not concurrently diagnosed as mentally ill.(9) An individual who has escaped from the facility to which the individual was involuntarily committed.(10) An individual who was admitted to a state institution for voluntary treatment and who has left the state institution against the advice of the attending physician.Division of Mental Health and Addiction; 440 IAC 5-1-1; filed Jun 14, 1995, 11:00 a.m.: 18 IR 2777; readopted filed May 10, 2001, 2:30 p.m.: 24 IR 3235; filed Nov 4, 2002, 12:09 p.m.: 26 IR 745; readopted filed Apr 7, 2008, 3:40 p.m.: 20080507-IR-440070745RFA; Readopted filed 8/11/2014, 11:21 a.m.: 20140910-IR-440140240RFAReadopted filed 11/9/2020, 3:09 p.m.: 20201209-IR-440200502RFA