Indiana Code Article 23 establishes the state's addiction services framework, granting the Division of Mental Health and Addiction authority to certify and regulate all public and private substance use treatment facilities, administer funding through the Addiction Services Fund, and oversee voluntary and involuntary treatment programs for alcoholics and drug abusers. Facility operators must obtain division certification as a condition of operation and comply with division-established standards; programs that fail to comply may have their authorization revoked. The article also governs court-ordered treatment diversion, probation-linked treatment, opioid treatment oversight, recovery residence registration, and grant programs for community and faith-based substance abuse services.
View official sourceARTICLE 23. ADDICTION SERVICES Ch. 1. Bureau of Addiction Services Ch. 2. Addiction Services Fund Ch. 3. Repealed Ch. 4. Reporting Requirements for Service Providers Ch. 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction Ch. 6. Repealed Ch. 6.1. Addiction Services Ch. 7. Repealed Ch. 7.1. Continuance of Prosecution After Criminal Charge Ch. 8. Repealed Ch. 8.1. Treatment and Probation Following Criminal Conviction Ch. 9. Voluntary Treatment by Division for Alcoholics Ch. 10. Repealed Ch. 10.1. Voluntary Treatment by Division for Drug Abusers Ch. 11. Repealed Ch. 11.1. Involuntary Treatment by Division for Alcoholics and Drug Abusers Ch. 12. Voluntary and Involuntary Treatment by Division for Minors Ch. 13. Miscellaneous Lawful Activity Relating to Controlled Substances Ch. 14. Court Established Alcohol and Drug Services Program Ch. 14.5. Repealed Ch. 15. Citations for Public Intoxication Ch. 16. Program on Drug Abuse Ch. 17. Institution for Alcohol and Drug Abusers Ch. 18. Opioid Treatment Diversion Control and Oversight Program Ch. 19. Mental Health and Addiction Forensic Treatment Services Grants Ch. 19.5. Addiction Treatment Teams Ch. 20. Opioid Treatment Providers Ch. 21. Physician Medication Assisted Treatment Training Reimbursement Pilot Program Ch. 21.2. Expired Ch. 21.5. Comprehensive Addiction Recovery Centers Ch. 22. Expired Ch. 23. Employee Substance Abuse Treatment Ch. 24. Community and Faith Based Substance Abuse Programs Grant Ch. 24.2. Community and Faith Based Substance Abuse Transportation Assistance Grant Program Ch. 25. Registration of Recovery Residences IC 12-23-1 Chapter 1. Bureau of Addiction Services 12-23-1-1 Repealed 12-23-1-2 Repealed 12-23-1-3 Repealed 12-23-1-4 Repealed 12-23-1-5 Repealed 12-23-1-6 Powers 12-23-1-7 Authority of the office of the secretary; grants, loans, and gifts; federal government grants and contracts 12-23-1-8 Authority of division; disbursements to addiction services advisory council or for purposes of IC 12-23-1-6 12-23-1-9 Allocation of federal aid for Drug Abuse and Alcohol Abuse/Alcoholic Efforts 12-23-1-10 Cooperation of other agencies 12-23-1-11 Operation of vehicle under influence of liquor or drugs; laws unaffected; alternative methods of prosecution 12-23-1-12 Enforcement of article 12-23-1-13 Participation in alcohol and drug services program IC 12-23-1-1 Repealed [Pre-1992 Revision Citation: 16-13-6.1-3.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-1-2 Repealed [Pre-1992 Revision Citation: 16-13-6.1-7 part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-1-3 Repealed [Pre-1992 Revision Citation: 16-13-6.1-7 part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-1-4 Repealed [Pre-1992 Revision Citation: 16-13-6.1-12.5.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-1-5 Repealed [Pre-1992 Revision Citation: 16-13-6.1-7 part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-1-6 Powers Sec. 6. The division has the following powers: (1) Promoting unified programs for education and research, prevention and control, diagnosis, and treatment of substance and gambling abuse based on comprehensive plans developed by the division. (2) Assuring compliance with state rules and federal regulations for substance abuse services programs and revoking authorization of the programs upon a determination that the programs do not comply with the rules and regulations. (3) Making agreements and contracts with: (A) another department, authority, or agency of the state; (B) another state; (C) the federal government; (D) a state or private postsecondary educational institution; or (E) a public or private agency; to effectuate the purposes of this article. (4) Directly or by contract, approving and certifying facilities and services for the treatment, care, or rehabilitation of alcoholics, drug abusers, and compulsive gamblers in accordance with requirements established by the division and assigning or transferring individuals placed under the division's care or supervision to the facilities. (5) Requiring, as a condition of operation, that each public and private treatment facility, except facilities and services created and funded under IC 12-23-14 that do not provide treatment and rehabilitation services, be certified according to standards established by the division. (6) Maintaining a toll free telephone line that the public may use to obtain counseling and information about programs that help individuals with drug, alcohol, and gambling problems. (7) Adopting rules under IC 4-22-2 to implement this article. [Pre-1992 Revision Citation: 16-13-6.1-4.] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.34; P.L.54-1995, SEC.3; P.L.122-1997, SEC.1; P.L.2-2007, SEC.164. IC 12-23-1-7 Authority of the office of the secretary; grants, loans, and gifts; federal government grants and contracts Sec. 7. (a) Except as provided in subsection (b) and notwithstanding any other law, the office of the secretary is the sole state authority authorized to: (1) disburse grants, loans, or gifts made by the federal government or any other source to the state, state agencies, and subdivisions of the state; and (2) review and approve grants or contracts made by the federal government to or with a local governmental unit or other public or private agency; for alcoholism, compulsive gambling, or drug abuse prevention or for treatment in the field of addictions. (b) Subsection (a) does not apply if the federal law regulating a grant, loan, or gift does not allow exclusive power and control over the disbursement of the grant, loan, or gift to be vested in a single state authority. [Pre-1992 Revision Citation: 16-13-6.1-11.6(a), (c).] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.35; P.L.54-1995, SEC.4; P.L.39-2015, SEC.12. IC 12-23-1-8 Authority of division; disbursements to addiction services advisory council or for purposes of IC 12-23-1-6 Sec. 8. Notwithstanding any other law, the division is the sole state authority authorized to disburse money appropriated to the division for a purpose described in section 6 of this chapter. [Pre-1992 Revision Citation: 16-13-6.1-11.6(b), (c).] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.36. IC 12-23-1-9 Allocation of federal aid for Drug Abuse and Alcohol Abuse/Alcoholic Efforts Sec. 9. (a) A part of the total amount of the federal money earmarked for Drug Abuse and Alcohol Abuse/Alcoholics Efforts received for disbursement by the division shall be used for local programs that provide prevention, intervention, or treatment services for individuals who: (1) have a primary diagnosis of chronic substance abuse and dependence; and (2) are without significant or immediate treatment needs for mental illness or serious emotional disturbance. (b) The amount designated in subsection (a) shall be distributed to specialty addiction providers that serve the eligible population to provide consumer choice based on outcomes determined by the division. [Pre-1992 Revision Citation: 16-13-6.1-11.7.] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.37; P.L.143-2011, SEC.27. IC 12-23-1-10 Cooperation of other agencies Sec. 10. The division is the state authority primarily responsible for prevention, control, treatment and rehabilitation, education, research, and planning in the field of addictions. All other agencies of state and local government shall cooperate with the division to assist in the performance of the division's functions. [Pre-1992 Revision Citation: 16-13-6.1-9.] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.38. IC 12-23-1-11 Operation of vehicle under influence of liquor or drugs; laws unaffected; alternative methods of prosecution Sec. 11. (a) This article does not repeal or modify Indiana law relating to the operation of a vehicle under the influence of liquor or drugs. (b) IC 12-23-5 , IC 12-23-6.1 , IC 12-23-7.1 , IC 12-23-8.1 , and any other related provisions of this article shall be considered to be alternative methods or procedures for the prosecution of alcoholics or drug abusers as criminals. [Pre-1992 Revision Citation: 16-13-6.1-14.] As added by P.L.2-1992, SEC.17. Amended by P.L.113-2014, SEC.36; P.L.187-2015, SEC.13. IC 12-23-1-12 Enforcement of article Sec. 12. (a) The division and the director shall enforce this article. (b) The division or the director may bring an action at law or in equity to enforce any of the provisions of this article and the circuit and superior courts of the state have jurisdiction to compel or enforce the provisions of this article by prohibitory or mandatory injunction. [Pre-1992 Revision Citation: 16-13-6.1-29.] As added by P.L.2-1992, SEC.17. IC 12-23-1-13 Participation in alcohol and drug services program Sec. 13. Notwithstanding the amendments made to IC 12-7-2-12 (repealed July 1, 2026, and reenacted at IC 12-7-2.1-19 ) by P.L.168-2002, a person participating in an alcohol and drug services program before July 1, 2002, solely as a result of committing an infraction may continue in the program until the person successfully completes the program or is removed for a violation or noncompliance, whichever occurs first. As added by P.L.220-2011, SEC.274. Amended by P.L.145-2026, SEC.89. IC 12-23-2 Chapter 2. Addiction Services Fund 12-23-2-1 Fund defined 12-23-2-2 Establishment of fund 12-23-2-3 Reversion of funds 12-23-2-4 Investment of fund money 12-23-2-5 Appropriations by general assembly of fund money; purposes 12-23-2-6 Repealed 12-23-2-7 Administrative costs associated with use of money from fund; limitation; reimbursing Indiana gaming commission 12-23-2-8 Allocation of funds for local programs IC 12-23-2-1 Fund defined Sec. 1. As used in this chapter, "fund" refers to the addiction services fund established by section 2 of this chapter. [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.17. IC 12-23-2-2 Establishment of fund Sec. 2. The addiction services fund is established for the deposit of excise taxes on alcoholic beverages as described in IC 7.1-4-11 and taxes on riverboat admissions under IC 4-33-12-6 . [Pre-1992 Revision Citation: 16-13-6.1-3.5(a).] As added by P.L.2-1992, SEC.17. Amended by P.L.54-1995, SEC.5. IC 12-23-2-3 Reversion of funds Sec. 3. The money in the fund does not revert to the state general fund at the close of a state fiscal year. [Pre-1992 Revision Citation: 16-13-6.1-3.5(b).] As added by P.L.2-1992, SEC.17. Amended by P.L.201-2023, SEC.141. IC 12-23-2-4 Investment of fund money Sec. 4. The treasurer of state may invest the money in the fund in the manner provided by law for investing money in the state general fund. [Pre-1992 Revision Citation: 16-13-6.1-3.5(c).] As added by P.L.2-1992, SEC.17. IC 12-23-2-5 Appropriations by general assembly of fund money; purposes Sec. 5. The general assembly shall appropriate money from the addiction services fund solely for the purpose of funding programs: (1) that provide prevention services and intervention and treatment services for individuals who are psychologically or physiologically dependent upon alcohol or other drugs; and (2) that are for the prevention and treatment of gambling problems. Programs funded by the addiction services fund must include the creation and maintenance of a toll free telephone line under IC 4-33-12-9 (c)(3) to provide the public with information about programs that provide help with gambling, alcohol, and drug addiction problems. [Pre-1992 Revision Citation: 16-13-6.1-3.5(d) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.54-1995, SEC.6; P.L.1-2009, SEC.107; P.L.255-2015, SEC.63; P.L.86-2018, SEC.162. IC 12-23-2-6 Repealed [Pre-1992 Revision Citation: 16-13-6.1-3.5(d) part.] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-2-7 Administrative costs associated with use of money from fund; limitation; reimbursing Indiana gaming commission Sec. 7. (a) For each state fiscal year, the division may not spend more than an amount equal to five percent (5%) of the total amount received by the division from the fund established under section 2 of this chapter for the administrative costs associated with the use of money received from the fund. (b) The division shall allocate at least twenty-five percent (25%) of the funds derived from the riverboat admissions tax under IC 4-33-12-6 to the prevention and treatment of compulsive gambling. (c) The division shall reimburse the Indiana gaming commission for the costs incurred in administering a voluntary exclusion program established under the rules of the Indiana gaming commission. The division shall pay the reimbursement from funds derived from the riverboat admissions tax under IC 4-33-12-6 . [Pre-1992 Revision Citation: 16-13-6.1-3.5(e) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.39; P.L.54-1995, SEC.7; P.L.143-2003, SEC.4. IC 12-23-2-8 Allocation of funds for local programs Sec. 8. (a) Except as provided in subsection (b), for each state fiscal year, the division shall distribute an amount equal to at least thirty-three percent (33%) of the total amount received by the division from the addiction services fund established by section 2 of this chapter during the immediately preceding fiscal year to local programs that provide prevention services and intervention and treatment services for individuals who are: (1) psychologically or physiologically dependent upon alcohol or other drugs; or (2) psychologically dependent on gambling. (b) The amount described in subsection (a) may not be distributed to a county home, a local mental health program established under IC 12-29 , or a state institution. [Pre-1992 Revision Citation: 16-13-6.1-3.5(e) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.40; P.L.54-1995, SEC.8. IC 12-23-3 Chapter 3. Repealed [Pre-1992 Revision Citations: 12-23-3-1 New 12-23-3-2 formerly 16-13-6.1-10.5(a) part 12-23-3-3 formerly 16-13-6.1-10.5(a) part 12-23-3-4 formerly 16-13-6.1-10.5(a) part 12-23-3-5 formerly 16-13-6.1-10.5(a) part 12-23-3-6 formerly 16-13-6.1-10.5(a) part 12-23-3-7 formerly 16-13-6.1-10.5(b) 12-23-3-8 formerly 16-13-6.1-11.5(a) 12-23-3-9 formerly 16-13-6.1-11.5(b).] Repealed by P.L.40-1994, SEC.83. IC 12-23-4 Chapter 4. Reporting Requirements for Service Providers 12-23-4-1 Repealed 12-23-4-2 Repealed 12-23-4-3 Repealed 12-23-4-4 Repealed 12-23-4-5 Alcohol and drug abuse treatment programs; prohibited conduct IC 12-23-4-1 Repealed [Pre-1992 Revision Citation: 16-13-6.1-27(b).] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-4-2 Repealed [1992 Revision Citation: New.] As added by P.L.2-1992, SEC.17. Amended by P.L.8-1993, SEC.185. Repealed by P.L.40-1994, SEC.83. IC 12-23-4-3 Repealed [Pre-1992 Revision Citation: 16-13-6.1-27(a).] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-4-4 Repealed [Pre-1992 Revision Citation: 16-13-6.1-27(c).] As added by P.L.2-1992, SEC.17. Repealed by P.L.40-1994, SEC.83. IC 12-23-4-5 Alcohol and drug abuse treatment programs; prohibited conduct Sec. 5. An entity may not maintain, operate, advertise, or conduct an alcoholism or a drug abuse treatment program in Indiana: (1) in violation of a statute, rule, or regulation; or (2) in a manner that creates a hazard to the mental or physical health of a participant or to the general public. [Pre-1992 Revision Citation: 16-13-6.1-28.] As added by P.L.2-1992, SEC.17. IC 12-23-5 Chapter 5. Conditional Deferment of Judicial Proceedings After Commission of Misdemeanor or Infraction 12-23-5-0.5 Applicability after June 30, 2005 12-23-5-1 Judicial notice of rehabilitative or other treatment 12-23-5-2 Deferral of prosecution; order requiring treatment; conditions 12-23-5-3 Violation of condition; resumption of criminal proceedings 12-23-5-4 Fulfillment of conditions; dismissal of charges 12-23-5-5 Conditional deferral of charges under IC 9-30-5 ; suspension of driving privileges; probationary driving privileges; ignition interlock device 12-23-5-5.5 Offenses; operating motor vehicle without ignition interlock device 12-23-5-6 Misdemeanor convictions; probation; referring defendant to treatment or therapy program 12-23-5-7 Exceptions to eligibility for deferral 12-23-5-8 Exception to eligibility for deferral; previous dismissal under this chapter of charges of operating vehicle while intoxicated 12-23-5-9 Programs in which defendants ordered to participate IC 12-23-5-0.5 Applicability after June 30, 2005 Sec. 0.5. After June 30, 2005, this chapter does not apply to a person who: (1) holds a commercial driver's license; and (2) has been charged with an offense involving the operation of a motor vehicle in accordance with the federal Motor Carrier Safety Improvement Act of 1999 (MCSIA) (Public Law 106-159.113 Stat. 1748). As added by P.L.219-2003, SEC.10. IC 12-23-5-1 Judicial notice of rehabilitative or other treatment Sec. 1. In a criminal proceeding for a misdemeanor or infraction in which: (1) the use or abuse of alcohol, drugs, or harmful substances is a contributing factor or a material element of the offense; or (2) the defendant's mental illness other than substance abuse, is a contributing factor; the court may take judicial notice of the fact that proper early intervention, medical, advisory, or rehabilitative treatment of the defendant is likely to decrease the defendant's tendency to engage in antisocial behavior. [Pre-1992 Revision Citation: 16-13-6.1-15.1(a).] As added by P.L.2-1992, SEC.17. Amended by P.L.224-2003, SEC.125; P.L.85-2004, SEC.4. IC 12-23-5-2 Deferral of prosecution; order requiring treatment; conditions Sec. 2. (a) Subject to section 8 of this chapter, before conviction a court may, with the consent of the defendant and the prosecuting attorney, conditionally defer the proceedings described in section 1 of this chapter for up to one (1) year. (b) The court may do the following: (1) Order the defendant to satisfactorily complete an alcohol and drug services treatment program if the court makes a determination under section 1(1) of this chapter. (2) Order the defendant to undergo treatment for the defendant's mental illness if the court makes a determination under section 1(2) of this chapter. (3) Impose other appropriate conditions upon the defendant. [Pre-1992 Revision Citation: 16-13-6.1-15.1(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-5-3 Violation of condition; resumption of criminal proceedings Sec. 3. If a defendant violates a condition imposed by the court, the court may order the criminal proceedings to be resumed. [Pre-1992 Revision Citation: 16-13-6.1-15.1(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-5-4 Fulfillment of conditions; dismissal of charges Sec. 4. Except as provided in section 8 of this chapter, if a defendant fulfills the conditions set by the court, the court shall dismiss the charges against the defendant. [Pre-1992 Revision Citation: 16-13-6.1-15.1(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-5-5 Conditional deferral of charges under IC 9-30-5; suspension of driving privileges; probationary driving privileges; ignition interlock device Sec. 5. (a) Subject to subsection (b), if a court enters an order conditionally deferring charges that involve a violation of IC 9-30-5 , the court shall do the following: (1) Suspend the defendant's driving privileges for at least ninety (90) days but not more than two (2) years. (2) Impose other appropriate conditions. (b) A defendant may be granted probationary driving privileges only after the defendant's license has been suspended for at least thirty (30) days under IC 9-30-6-9 . (c) If a defendant has at least one (1) conviction for an offense under IC 9-30-5 , the order granting probationary driving privileges under subsection (b) must, in a county that provides for the installation of a registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1 , prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1 . (d) If a defendant does not have a prior conviction for an offense under IC 9-30-5 , the court may, as an alternative to a license suspension under subsection (a)(1), issue an order prohibiting the defendant from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under IC 9-30-8 and IC 9-30-8.1 . An order requiring a registered ignition interlock device must remain in effect for at least two (2) years but not more than four (4) years. [Pre-1992 Revision Citation: 16-13-6.1-15.1(c).] As added by P.L.2-1992, SEC.17. Amended by P.L.76-2004, SEC.21; P.L.28-2026, SEC.30. IC 12-23-5-5.5 Offenses; operating motor vehicle without ignition interlock device Sec. 5.5. (a) A person commits a Class B infraction if the person: (1) operates a motor vehicle without a functioning registered ignition interlock device; and (2) is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under section 5(d) of this chapter. (b) A person commits a Class B misdemeanor if the person: (1) operates a motor vehicle without a functioning registered ignition interlock device; and (2) knows the person is prohibited from operating a motor vehicle unless the motor vehicle is equipped with a functioning registered ignition interlock device under section 5(d) of this chapter. As added by P.L.76-2004, SEC.22. Amended by P.L.28-2026, SEC.31. IC 12-23-5-6 Misdemeanor convictions; probation; referring defendant to treatment or therapy program Sec. 6. If a defendant is convicted in a proceeding described in section 1 of this chapter and the court places the defendant on probation, the court may do the following: (1) Refer the defendant to an alcohol and drug services treatment program if the court makes a determination under section 1(1) of this chapter. (2) Refer the defendant to an appropriate therapy program if the court makes a determination under section 1(2) of this chapter. (3) Require the defendant to undergo treatment as a condition of probation. [Pre-1992 Revision Citation: 16-13-6.1-15.1(d).] As added by P.L.2-1992, SEC.17. IC 12-23-5-7 Exceptions to eligibility for deferral Sec. 7. Prosecution may be deferred under sections 2 through 5 of this chapter if a defendant has been charged with a misdemeanor or infraction in which the use of alcohol or drugs was a contributing factor or material element of the offense or the defendant's mental illness was a contributing factor, unless at least one (1) of the following exists: (1) The offense involves death or serious bodily injury. (2) The defendant has a record of at least two (2) prior convictions of forcible felonies (as defined in IC 35-31.5-2-138 ). (3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant. (4) The defendant is on probation or parole and the appropriate parole or probation authority does not consent to the defendant's participation. (5) The defendant fails to meet additional eligibility requirements imposed by the court. [Pre-1992 Revision Citation: 16-13-6.1-15.1(e).] As added by P.L.2-1992, SEC.17. Amended by P.L.114-2012, SEC.32. IC 12-23-5-8 Exception to eligibility for deferral; previous dismissal under this chapter of charges of operating vehicle while intoxicated Sec. 8. If: (1) a defendant was previously charged under IC 9-4-1-54 (before its repeal September 1, 1983), IC 9-11-2 (before its repeal July 1, 1991), or IC 9-30-5 ; and (2) the previous charges were dismissed under this chapter; the individual is not eligible to have subsequent charges under IC 9-30-5 dismissed under this chapter. [Pre-1992 Revision Citation: 16-13-6.1-15.1(f).] As added by P.L.2-1992, SEC.17. IC 12-23-5-9 Programs in which defendants ordered to participate Sec. 9. A court may not order a defendant or a convicted individual to complete an alcohol and drug services treatment program under section 2(b)(1) or 6(1) of this chapter unless the court determines that the program in which the individual is to participate is administered by a court under IC 12-23-14 or is certified by the division of mental health and addiction. [Pre-1992 Revision Citation: 16-13-6.1-15.1(g).] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.41; P.L.215-2001, SEC.62. IC 12-23-6 Chapter 6. Repealed [Pre-1992 Revision Citation: 12-23-6-1 formerly 16-13-6.1-16.] Repealed by P.L.113-2014, SEC.37. IC 12-23-6.1 Chapter 6.1. Addiction Services 12-23-6.1-1 Treatment request by drug abuser or alcoholic IC 12-23-6.1-1 Treatment request by drug abuser or alcoholic Sec. 1. A drug abuser or an alcoholic charged with or convicted of a felony may request treatment under the supervision of the division and upon the consent of the authorities concerned as set forth in IC 12-23-7.1 instead of prosecution or imprisonment, unless any of the following conditions exist: (1) The offense is a forcible felony or burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014). (2) The defendant has a record that includes at least two (2) prior convictions for forcible felonies or a burglary classified as a Class A or Class B felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014). (3) Other criminal proceedings, not arising out of the same incident, alleging commission of a felony are pending against the defendant. (4) The defendant was admitted to a treatment program under IC 12-23-7 or IC 12-23-8 (before their repeal) or under IC 12-23-7.1 or IC 12-23-8.1 (after June 30, 2015) on two (2) or more prior occasions within the preceding two (2) years. As added by P.L.187-2015, SEC.14. IC 12-23-7 Chapter 7. Repealed [Pre-1992 Revision Citations: 12-23-7-1 formerly 16-13-6.1-17(a) part 12-23-7-2 formerly 16-13-6.1-17(a) part 12-23-7-3 formerly 16-13-6.1-17(b) part 12-23-7-4 formerly 16-13-6.1-17(b) part 12-23-7-5 formerly 16-13-6.1-17(b) part 12-23-7-6 formerly 16-13-6.1-17(b) part 12-23-7-7 formerly 16-13-6.1-17(b) part 12-23-7-8 formerly 16-13-6.1-17(b) part 12-23-7-9 formerly 16-13-6.1-l7(b) part 12-23-7-10 formerly 16-13-6.1-17(b) part 12-23-7-11 formerly 16-13-6.1-17(c) part 12-23-7-12 formerly 16-13-6.1-17(c) part 12-23-7-13 formerly 16-13-6.1-17(c) part 12-23-7-14 formerly 16-13-6.1-17(d).] Repealed by P.L.113-2014, SEC.38. IC 12-23-7.1 Chapter 7.1. Continuance of Prosecution After Criminal Charge 12-23-7.1-1 Treatment request by drug abuser or alcoholic; requirements 12-23-7.1-2 Treatment conditions and duties 12-23-7.1-3 Examination of individual requesting treatment 12-23-7.1-4 Denial of treatment request 12-23-7.1-5 Court duties 12-23-7.1-6 Division report to court 12-23-7.1-7 Court determination; individual to answer charge 12-23-7.1-8 Court deferral; consent of prosecuting attorney 12-23-7.1-9 Progress reports 12-23-7.1-10 Division acceptance 12-23-7.1-11 Criminal charge; continued or dismissed 12-23-7.1-12 Resumption of criminal proceeding 12-23-7.1-13 Accrued time 12-23-7.1-14 Release requirements IC 12-23-7.1-1 Treatment request by drug abuser or alcoholic; requirements Sec. 1. If: (1) a court has reason to believe that an individual charged with an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; (2) the court finds that the individual is eligible to make the request for treatment provided for in IC 12-23-6.1 ; and (3) the defendant is not disqualified under IC 12-23-6.1-1 ; the court may advise the individual that the prosecution of the charge may be continued if the individual requests to undergo treatment and is accepted for treatment by the division. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-2 Treatment conditions and duties Sec. 2. In offering an individual an opportunity to request treatment, the court shall advise the individual of the following: (1) If the individual requests to undergo treatment and is accepted, the individual may be placed under the supervision of the division for a period not to exceed three (3) years. (2) During treatment the individual may be confined in an institution or, at the discretion of the division, the individual may be released for treatment or supervised aftercare in the community. (3) If the individual completes treatment, the charge will be dismissed, but if the individual does not complete treatment, prosecution on the charge may be resumed. (4) A request constitutes a formal waiver of the right to a speedy trial and constitutes a formal waiver of Criminal Rule 4 concerning discharge for delay in criminal trials. (5) To make a request the individual must waive a jury trial and consent to a trial by the court or must enter a guilty plea, with the general finding to be entered by the court to be deferred until the time that prosecution may be resumed. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-3 Examination of individual requesting treatment Sec. 3. If an eligible individual requests to undergo treatment, the court may order the division to conduct an examination of the individual to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-4 Denial of treatment request Sec. 4. The court may deny a request if after conducting a pretrial or preplea investigation the court finds the individual would not qualify under the criteria of the court to be released on probation if convicted. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-5 Court duties Sec. 5. If a request is granted, the court shall do the following: (1) Certify to the division that the individual may request treatment. (2) Transmit to the division the following: (A) A summary of the criminal history of the individual. (B) A copy of the report of all background investigations conducted by or for the court. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-6 Division report to court Sec. 6. Within a reasonable time after receiving an order to conduct an examination, together with the court's certification of eligibility and required supporting documents, the division shall report to the court the results of the examination and recommend if an individual should be placed under supervision for treatment. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-7 Court determination; individual to answer charge Sec. 7. If the court, acting on the report and other information coming to the court's attention, determines that: (1) an individual is not a drug abuser or an alcoholic; or (2) the individual is not likely to be rehabilitated through treatment; the individual may be held to answer the charge. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-8 Court deferral; consent of prosecuting attorney Sec. 8. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may, with the consent of the prosecuting attorney: (1) defer the trial; or (2) without a jury, conduct the trial of the individual but may, with the consent of the prosecuting attorney, do the following: (A) Defer entering general findings with respect to the individual until the time that prosecution may be resumed. (B) Place the individual under the supervision of the division for treatment for a maximum of three (3) years. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-9 Progress reports Sec. 9. The court may require progress reports on an individual that the court finds necessary. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-10 Division acceptance Sec. 10. An individual may not be placed under the supervision of the division for treatment under this chapter unless the division accepts the individual for treatment. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-11 Criminal charge; continued or dismissed Sec. 11. If an individual is placed under the supervision of the division for treatment under this chapter, the criminal charge against the individual shall be: (1) continued without final disposition; and (2) dismissed if the division certifies to the court that the individual has successfully completed the treatment program. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-12 Resumption of criminal proceeding Sec. 12. (a) If by the expiration of the supervisory period the division has not been able to certify that an individual has completed the treatment program, the pending proceeding may be resumed upon motion of the prosecuting attorney. (b) If, before the supervisory period expires, the division determines that further treatment of the individual is not likely to be successful, the division shall so advise the court. The court shall terminate the supervision, and the pending criminal proceeding may be resumed upon motion of the prosecuting attorney. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-13 Accrued time Sec. 13. If a criminal proceeding is resumed and the individual subsequently completes the treatment program, the individual is entitled to accrued time for the time spent in institutional care. As added by P.L.187-2015, SEC.15. IC 12-23-7.1-14 Release requirements Sec. 14. The division may not release an offender under section 2(2) of this chapter to an alcohol and drug services treatment program that is not a program administered by a court under IC 12-23-14 or that has not complied with the certification requirements of the division of mental health and addiction. As added by P.L.187-2015, SEC.15. IC 12-23-8 Chapter 8. Repealed [Pre-1992 Revision Citations: 12-23-8-1 formerly 16-13-6.1-18(a) part 12-23-8-2 formerly 16-13-6.1-18(a) part 12-23-8-3 formerly 16-13-6.1-18(b) part 12-23-8-4 formerly 16-13-6.1-18(b) part 12-23-8-5 formerly 16-13-6.1-18(b) part 12-23-8-6 formerly 16-13-6.1-18(b) part 12-23-8-7 formerly 16-13-6.1-18(b) part 12-23-8-8 formerly 16-13-6.1-18(b) part 12-23-8-9 formerly 16-13-6.1-18(b) part 12-23-8-10 formerly 16-13-6.1-18(b) part 12-23-8-11 formerly 16-13-6.1-18(c).] Repealed by P.L.113-2014, SEC.39. IC 12-23-8.1 Chapter 8.1. Treatment and Probation Following Criminal Conviction 12-23-8.1-1 Probation; request for treatment 12-23-8.1-2 Conditions of probation 12-23-8.1-3 Examination by division 12-23-8.1-4 Denial of request 12-23-8.1-5 Court certification to division 12-23-8.1-6 Court duties 12-23-8.1-7 Division duties; report and recommendation 12-23-8.1-8 Court determination; sentencing of individual 12-23-8.1-9 Court determination; placement of individual on probation 12-23-8.1-10 Division acceptance of individual 12-23-8.1-11 Probation violation IC 12-23-8.1-1 Probation; request for treatment Sec. 1. If: (1) a court has reason to believe that an individual convicted of an offense is a drug abuser or an alcoholic or the individual states that the individual is a drug abuser or an alcoholic; and (2) the court finds that the individual is eligible to make the request for treatment provided for under IC 12-23-6.1 ; the court may advise the individual that the individual may be placed on probation, subject to any mandatory minimum or nonsuspendible sentence imposed on the individual, if the individual requests to undergo treatment and is accepted for treatment by the division. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-2 Conditions of probation Sec. 2. (a) In offering an individual an opportunity to request treatment, the court shall advise the individual of what may be required of the individual under IC 35-38-2-2.3 as conditions of probation. (b) The court may certify an individual for treatment while on probation regardless of the failure of the individual to request treatment. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-3 Examination by division Sec. 3. If an individual requests to undergo treatment or is certified for treatment, the court may order an examination by the division to determine whether the individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-4 Denial of request Sec. 4. The court may deny the request if after conducting a presentence investigation the court finds that the individual would not qualify under criteria of the court to be released on probation. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-5 Court certification to division Sec. 5. If a request is granted, the court shall certify to the division that the individual may request treatment. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-6 Court duties Sec. 6. The court shall do the following: (1) Transmit to the division a summary of an individual's criminal history. (2) Transmit to the division a copy of the reports on all background and presentence investigations conducted by or for the court. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-7 Division duties; report and recommendation Sec. 7. Within a reasonable time after receiving an order to conduct an examination and after the court submits the required supporting documents and certification of eligibility, the division shall do the following: (1) Report to the court the results of the examination. (2) Recommend whether the individual should be placed on probation and supervision for treatment. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-8 Court determination; sentencing of individual Sec. 8. If the court, acting on a report and other information coming to the court's attention, determines that: (1) an individual is not a drug abuser or an alcoholic; or (2) the individual is not likely to be rehabilitated through treatment; the court shall sentence the individual as in other cases. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-9 Court determination; placement of individual on probation Sec. 9. If the court determines that an individual is a drug abuser or an alcoholic and is likely to be rehabilitated through treatment, the court may do the following: (1) Place the individual on probation under IC 35-38-2 and under the supervision of the division for treatment. (2) Require progress reports on the individual from the probation officer and the division that the court finds necessary. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-10 Division acceptance of individual Sec. 10. An individual may not be placed under supervision unless the division accepts the individual for treatment. As added by P.L.187-2015, SEC.16. IC 12-23-8.1-11 Probation violation Sec. 11. (a) Failure of an individual placed on probation and under the treatment supervision of the division to observe the requirements set down by the division constitutes a violation of a condition of probation. (b) A failure shall be reported by the division to the probation officer in charge of the individual and treated in accordance with IC 35-38-2-3 . As added by P.L.187-2015, SEC.16. IC 12-23-9 Chapter 9. Voluntary Treatment by Division for Alcoholics 12-23-9-1 Application for treatment; minors 12-23-9-2 Examination by physician 12-23-9-3 Admission; referral; transportation 12-23-9-4 Incapacitation by alcohol; length of detention 12-23-9-5 Notification of family or next of kin 12-23-9-6 Determination by administrator of persons to be admitted; referral to another facility; rules 12-23-9-7 Patients leaving facility; outpatient and intermediate treatment; assistance 12-23-9-8 Police officer taking custody of intoxicated individual; immunity from liability IC 12-23-9-1 Application for treatment; minors Sec. 1. An alcoholic may apply for voluntary treatment directly to a certified treatment facility. If the proposed patient is a minor or an incapacitated individual, the proposed patient, a parent, a legal guardian, or other legal representative may make the application. [Pre-1992 Revision Citation: 16-13-6.1-19(a).] As added by P.L.2-1992, SEC.17. IC 12-23-9-2 Examination by physician Sec. 2. An individual who: (1) comes voluntarily; or (2) is a minor or an incapacitated individual who is brought to a certified public treatment facility; shall be examined by a licensed physician as soon as possible. [Pre-1992 Revision Citation: 16-13-6.1-19(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-9-3 Admission; referral; transportation Sec. 3. (a) After a physical examination under section 2 of this chapter, an individual may be admitted as a patient or referred to another health facility. (b) The referring certified treatment facility shall arrange for the individual's transportation. [Pre-1992 Revision Citation: 16-13-6.1-19(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-9-4 Incapacitation by alcohol; length of detention Sec. 4. (a) An individual who by medical examination is found to be incapacitated by alcohol at the time of admission or to have become incapacitated by alcohol at any time after admission may not be detained at a facility: (1) after the individual is no longer incapacitated by alcohol; or (2) if the individual remains incapacitated by alcohol for more than forty-eight (48) hours after admission as a patient, unless the individual is committed under IC 12-23-7.1 through IC 12-23-8.1 . (b) An individual may consent to remain in a facility as long as the physician in charge believes it is appropriate. [Pre-1992 Revision Citation: 16-13-6.1-19(c).] As added by P.L.2-1992, SEC.17. Amended by P.L.113-2014, SEC.40; P.L.187-2015, SEC.17. IC 12-23-9-5 Notification of family or next of kin Sec. 5. (a) If an individual is admitted to a certified public treatment facility, the individual's family or next of kin shall be notified as soon as possible. (b) An adult patient who is not incapacitated may request that there be no notification. The request shall be respected. [Pre-1992 Revision Citation: 16-13-6.1-19(d).] As added by P.L.2-1992, SEC.17. IC 12-23-9-6 Determination by administrator of persons to be admitted; referral to another facility; rules Sec. 6. (a) The administrator in charge of a certified treatment facility may determine who shall be admitted for treatment. (b) If an individual is refused admission, the administrator shall refer the individual to another approved public treatment facility for treatment if possible and appropriate. (c) The administrator's determinations under this section are subject to rules adopted under IC 12-23-1-6 (7). [Pre-1992 Revision Citation: 16-13-6.1-19(e).] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.43; P.L.210-2015, SEC.59. IC 12-23-9-7 Patients leaving facility; outpatient and intermediate treatment; assistance Sec. 7. If a patient receiving inpatient care leaves a certified treatment facility, the patient shall be encouraged to consent to appropriate outpatient or intermediate treatment. If the administrator in charge of the treatment facility believes that the patient is an alcoholic who requires help, the bureau may assist the patient in obtaining supportive services and residential facilities. [Pre-1992 Revision Citation: 16-13-6.1-19(f).] As added by P.L.2-1992, SEC.17. Amended by P.L.6-1995, SEC.14; P.L.210-2015, SEC.60. IC 12-23-9-8 Police officer taking custody of intoxicated individual; immunity from liability Sec. 8. A police officer who takes custody of an intoxicated individual in good faith for the purpose of delivering the individual to: (1) a certified treatment facility; or (2) the alcoholic rehabilitation program provided for in IC 12-23-14 ; is immune from civil or criminal liability arising out of a claim for or charge of false arrest or false imprisonment. [Pre-1992 Revision Citation: 16-13-6.1-19(g).] As added by P.L.2-1992, SEC.17. IC 12-23-10 Chapter 10. Repealed [Pre-1992 Revision Citations: 12-23-10-1 formerly 16-13-6.1-20 part 12-23-10-2 formerly 16-13-6.1-20 part 12-23-10-3 formerly 16-13-6.1-20 part 12-23-10-4 formerly 16-13-6.1-20 part.] Repealed by P.L.113-2014, SEC.41. IC 12-23-10.1 Chapter 10.1. Voluntary Treatment by Division for Drug Abusers 12-23-10.1-1 Request for treatment 12-23-10.1-2 Examination of individual 12-23-10.1-3 Examination 12-23-10.1-4 Decision of facility IC 12-23-10.1-1 Request for treatment Sec. 1. An individual who believes the individual is a drug abuser may request the division or a facility approved by the division to provide the individual with treatment. As added by P.L.187-2015, SEC.18. IC 12-23-10.1-2 Examination of individual Sec. 2. Upon receipt of a request, the division or facility may require an examination of the individual to determine if: (1) the individual is a drug abuser; and (2) the individual should be admitted to an existing treatment facility or program. As added by P.L.187-2015, SEC.18. IC 12-23-10.1-3 Examination Sec. 3. The examination shall be conducted within a reasonable time of the receipt of a request. As added by P.L.187-2015, SEC.18. IC 12-23-10.1-4 Decision of facility Sec. 4. The decision of the facility whether to offer treatment to an individual and whether to discontinue treatment to an individual is final and not subject to appeal. As added by P.L.187-2015, SEC.18. IC 12-23-11 Chapter 11. Repealed [Pre-1992 Revision Citations: 12-23-11-1 formerly 16-13-6.1-21 12-23-11-2 formerly 16-13-6.1-22.] Repealed by P.L.113-2014, SEC.42. IC 12-23-11.1 Chapter 11.1. Involuntary Treatment by Division for Alcoholics and Drug Abusers 12-23-11.1-1 Involuntary commitment 12-23-11.1-2 Parole conditions IC 12-23-11.1-1 Involuntary commitment Sec. 1. (a) Except as provided in subsection (b), an individual who is: (1) an alcoholic; (2) incapacitated by alcohol; or (3) a drug abuser; may be involuntarily committed to the care of the division under IC 12-26 . (b) A drug abuser who is charged with or convicted of an offense that makes the individual ineligible to make an election for treatment under IC 12-23-6.1 may not be involuntarily committed under subsection (a). As added by P.L.187-2015, SEC.19. IC 12-23-11.1-2 Parole conditions Sec. 2. (a) Acceptance of treatment for drug abuse under the supervision of the division may be made a condition of parole under IC 11-13-3-4 . Failure to comply with treatment may be treated as a violation of parole. (b) The division shall establish the conditions under which a parolee is accepted for treatment. (c) A parolee may not be placed under supervision of the division for treatment unless the division accepts the individual for treatment. (d) The division shall make periodic progress reports regarding each parolee to the appropriate parole authority and shall report failures to comply with the prescribed treatment program. As added by P.L.187-2015, SEC.19. IC 12-23-12 Chapter 12. Voluntary and Involuntary Treatment by Division for Minors 12-23-12-1 Notification or consent of parents or guardians; treatment in absence of notification 12-23-12-2 Notification or consent of parents or guardians; discretion of division or facility; immunity from suit 12-23-12-3 Court placement IC 12-23-12-1 Notification or consent of parents or guardians; treatment in absence of notification Sec. 1. A minor who voluntarily seeks treatment for alcoholism, alcohol abuse, or drug abuse from the division or a facility approved by the division may receive treatment without notification or consent of the parents, guardian, or person having control or custody of the minor. [Pre-1992 Revision Citation: 16-13-6.1-23 part.] As added by P.L.2-1992, SEC.17. IC 12-23-12-2 Notification or consent of parents or guardians; discretion of division or facility; immunity from suit Sec. 2. Notification or consent is at the discretion of the division or a facility approved by the division. A criminal action or civil suit may not be maintained against the division or the division's agents for the reasonable exercise of this discretion. [Pre-1992 Revision Citation: 16-13-6.1-23 part.] As added by P.L.2-1992, SEC.17. IC 12-23-12-3 Court placement Sec. 3. A minor less than eighteen (18) years of age may be placed under the treatment supervision of the division by the court having jurisdiction over the minor, according to the procedure established for juveniles in such cases or the procedure established by this article if the court having juvenile jurisdiction waives jurisdiction. [Pre-1992 Revision Citation: 16-13-6.1-24.] As added by P.L.2-1992, SEC.17. IC 12-23-13 Chapter 13. Miscellaneous Lawful Activity Relating to Controlled Substances 12-23-13-1 Individuals under influence of controlled substance in public place; lawful circumstances 12-23-13-2 Prescribing, dispensing, or administering controlled substances for treatment of drug abuse; conditions IC 12-23-13-1 Individuals under influence of controlled substance in public place; lawful circumstances Sec. 1. It is lawful for an individual to be under the influence of a controlled substance in a public place if the individual can present positive proof of the following: (1) The individual is under the care of the division, a community mental health center, a managed care provider, or a licensed physician. (2) The controlled substance constitutes medical treatment authorized by state and federal law. [Pre-1992 Revision Citation: 16-13-6.1-25.] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.44. IC 12-23-13-2 Prescribing, dispensing, or administering controlled substances for treatment of drug abuse; conditions Sec. 2. It is lawful to prescribe, dispense, or administer controlled substances for the treatment of drug abuse if the following conditions are met: (1) The controlled substances are used for the treatment or maintenance of a drug abuser. (2) The treatment or maintenance is medically indicated. (3) The treatment or maintenance is prescribed by a physician as a part of a rehabilitation program approved by the director and dispensed in compliance with the regulations for the dispensing of controlled substances. [Pre-1992 Revision Citation: 16-13-6.1-26.] As added by P.L.2-1992, SEC.17. IC 12-23-14 Chapter 14. Court Established Alcohol and Drug Services Program 12-23-14-1 Authority to establish program 12-23-14-2 Operation of program by court or under private contract 12-23-14-3 Rules and special orders 12-23-14-4 Individuals eligible; jurisdiction of court 12-23-14-5 Individuals eligible; referrals 12-23-14-6 Range of services provided 12-23-14-7 Direct treatment or rehabilitation services; inadequacy of existing community resources 12-23-14-8 Establishment in county of alcohol and drug services program; statement from office of judicial administration; approval of legislative and appropriating body 12-23-14-9 Petition for approval 12-23-14-10 Approval of program operated through private contractor; drafting of contract 12-23-14-11 Program executive director; assistants and clerks 12-23-14-12 Program employees and contractors; duties; assignment by court 12-23-14-13 Powers of the office of judicial administration 12-23-14-14 Program costs; payment; city or county general fund; user fee fund; compensation of employees and contractors 12-23-14-15 Financial assistance; private and governmental sources 12-23-14-16 Fees charged for program; fee schedule; maximum fee; deposit of fees 12-23-14-17 Indiana supreme court drug and alcohol programs fund; grants 12-23-14-18 Chemical tests; costs; reporting of chemical test results 12-23-14-19 Right to participate; immunity from liability IC 12-23-14-1 Authority to establish program Sec. 1. A court having misdemeanor jurisdiction in a city or county may establish an alcohol and drug services program. [Pre-1992 Revision Citation: 16-13-6.1-30(a).] As added by P.L.2-1992, SEC.17. IC 12-23-14-2 Operation of program by court or under private contract Sec. 2. The court may establish an alcohol and drug services program under the court's operation or under private contract. [Pre-1992 Revision Citation: 16-13-6.1-30(b) part.] As added by P.L.2-1992, SEC.17. IC 12-23-14-3 Rules and special orders Sec. 3. The court may establish uniform rules and may make special orders and rules as necessary. [Pre-1992 Revision Citation: 16-13-6.1-30(b) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.168-2002, SEC.4. IC 12-23-14-4 Individuals eligible; jurisdiction of court Sec. 4. Except as provided in section 5 of this chapter, an alcohol and drug services program and accompanying services and treatment facilities shall be open only to the individuals over whom the court has jurisdiction. [Pre-1992 Revision Citation: 16-13-6.1-30(c) part.] As added by P.L.2-1992, SEC.17. IC 12-23-14-5 Individuals eligible; referrals Sec. 5. The court may agree to provide the services and facilities of a program for individuals referred from another court, a probation department, the department of correction, the Federal Bureau of Prisons, the division, the prosecuting attorney's office, or pretrial services. [Pre-1992 Revision Citation: 16-13-6.1-30(c) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.192-2007, SEC.8. IC 12-23-14-6 Range of services provided Sec. 6. (a) A program may provide for eligible individuals a range of necessary intervention services, including the following: (1) Screening for eligibility and other appropriate services. (2) Clinical assessment. (3) Education. (4) Referral. (5) Service coordination and case management. (b) A program that is eligible under section 7 of this chapter may also provide a range of necessary treatment and rehabilitation services, including the following: (1) Emergency services. (2) Detoxification. (3) Counseling. (4) Rehabilitative care. [Pre-1992 Revision Citation: 16-13-6.1-30(d) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.168-2002, SEC.5. IC 12-23-14-7 Direct treatment or rehabilitation services; inadequacy of existing community resources Sec. 7. A program may not provide direct treatment or rehabilitation services unless the program is certified by the division and the court determines that existing community resources are inadequate to respond satisfactorily to the demand for the services from the court. [Pre-1992 Revision Citation: 16-13-6.1-30(d) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.122-1997, SEC.2. IC 12-23-14-8 Establishment in county of alcohol and drug services program; statement from office of judicial administration; approval of legislative and appropriating body Sec. 8. Before an alcohol and drug services program may be established in a county, the court must do the following: (1) Have a written statement from the office of judicial administration approving the establishment of the program and the plans for operation before the court may submit the petition to the legislative and appropriating body for approval. (2) Obtain the approval of the legislative and appropriating body from which the court derives the court's money. [Pre-1992 Revision Citation: 16-13-6.1-30(e) part.] As added by P.L.2-1992, SEC.17. Amended by P.L.122-1997, SEC.3; P.L.161-2018, SEC.28. IC 12-23-14-9 Petition for approval Sec. 9. The court must submit a petition for approval containing the following: (1) A full description of a proposed program. (2) A budget for the program, supported by statistics showing the total fines and costs collected by the court in the most recent year. (3) Details on the implementation of the program. (4) If the program is to be operated through a private contractor, a reference file on the contractor, including the contractor's most recent financial statement and statements of the qualifications of program staff associated with the contractor. [Pre-1992 Revision Citation: 16-13-6.1-30(e) part.] As added by P.L.2-1992, SEC.17. IC 12-23-14-10 Approval of program operated through private contractor; drafting of contract Sec. 10. (a) If the legislative and appropriating body approves an alcohol and drug services program and the operation through a private contractor, the court may direct the appropriate attorney to draft a contract governing the rights and duties of the contractor, the court, and the appropriating authority. (b) The court is responsible for the administration of the program. [Pre-1992 Revision Citation: 16-13-6.1-30(f).] As added by P.L.2-1992, SEC.17. IC 12-23-14-11 Program executive director; assistants and clerks Sec. 11. The court may, subject to the approval of the legislative and appropriating body, appoint a full-time executive director of a program and assistants and clerks that are necessary. [Pre-1992 Revision Citation: 16-13-6.1-30(g).] As added by P.L.2-1992, SEC.17. IC 12-23-14-12 Program employees and contractors; duties; assignment by court Sec. 12. Program employees or contractors shall perform duties the court assigns, including the following: (1) Providing places for the program and the program's services. (2) Providing intervention, treatment, and rehabilitation services for eligible individuals. (3) Compiling information and statistics on the program's activities. (4) Reporting periodically to the court on program activities. [Pre-1992 Revision Citation: 16-13-6.1-30(h).] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.45. IC 12-23-14-13 Powers of the office of judicial administration Sec. 13. (a) As used in this section, "board" refers to the board of directors of the judicial conference of Indiana established by IC 33-38-9-3 . (b) As used in this section, "effective date" means the date established by the board after which minimum employment standards are required for persons employed in court drug and alcohol programs. (c) A program established under this chapter is subject to the regulatory powers of the office of judicial administration created by IC 33-24-6-1 . (d) With regard to alcohol and drug services programs established under this chapter, the office of judicial administration may do the following: (1) Ensure that programs comply with rules adopted under this section and applicable federal regulations. (2) Revoke the authorization of a program upon a determination that the program does not comply with rules adopted under this section and applicable federal regulations. (3) Make agreements and contracts with: (A) another department, authority, or agency of the state; (B) another state; (C) the federal government; (D) a state educational institution or a private postsecondary educational institution; or (E) a public or private agency; to effectuate the purposes of this chapter. (4) Directly, or by contract, approve and certify programs established under this chapter. (5) Require, as a condition of operation, that each program created or funded under this chapter be certified according to rules established by the office of judicial administration. (6) Adopt rules to implement this chapter. (e) The board shall adopt rules concerning standards, requirements, and procedures for initial certification, recertification, and decertification of alcohol and drug services programs. (f) The board may adopt rules concerning educational and occupational qualifications needed to be employed by or to provide services to a court alcohol and drug services program. If the board adopts qualifications under this subsection: (1) the board shall establish an effective date after which any person employed by a court alcohol and drug services program must meet the minimum qualifications adopted under this subsection; and (2) the minimum employment qualifications adopted under this subsection do not apply to a person who is employed: (A) by a certified court alcohol and drug program before the effective date; or (B) as administrative personnel. (g) The board may delegate any of the functions described in subsections (e) and (f) to the court alcohol and drug program advisory committee or the office of judicial administration. [Pre-1992 Revision Citation: 16-13-6.1-30(i), (j).] As added by P.L.2-1992, SEC.17. Amended by P.L.40-1994, SEC.46; P.L.122-1997, SEC.4; P.L.113-2001, SEC.2; P.L.98-2004, SEC.87; P.L.2-2007, SEC.165; P.L.161-2018, SEC.29; P.L.10-2019, SEC.62. IC 12-23-14-14 Program costs; payment; city or county general fund; user fee fund; compensation of employees and contractors Sec. 14. (a) The costs of an alcohol and drug services program established under this chapter shall be paid out of the city general fund or the county general fund and may be supplemented by payment from the user fee fund upon appropriation made under IC 33-37-8 . (b) The court shall fix the compensation of employees and contractors. [Pre-1992 Revision Citation: 16-13-6.1-31(a).] As added by P.L.2-1992, SEC.17. Amended by P.L.98-2004, SEC.88. IC 12-23-14-15 Financial assistance; private and governmental sources Sec. 15. A program may apply for and receive the following: (1) Gifts, bequests, and donations from private sources. (2) Grant and contract money from governmental sources. (3) Other forms of financial assistance approved by the court to supplement the budget. [Pre-1992 Revision Citation: 16-13-6.1-31(b).] As added by P.L.2-1992, SEC.17. IC 12-23-14-16 Fees charged for program; fee schedule; maximum fee; deposit of fees Sec. 16. (a) The court may require an eligible individual to pay a fee for a service of a program. (b) If a fee is required, the court shall adopt by court rule a schedule of fees to be assessed for program services. (c) The fee for program services, excluding reasonable fees for education or treatment and rehabilitation services, may not exceed four hundred dollars ($400). (d) An alcohol and drug services program or the clerk of the court shall collect fees under this chapter. The fees must be transferred within thirty (30) days after the fees are collected for deposit by the auditor or fiscal officer in the appropriate user fee fund established under IC 33-37-8 . [Pre-1992 Revision Citation: 16-13-6.1-31(c).] As added by P.L.2-1992, SEC.17. Amended by P.L.113-2001, SEC.3; P.L.136-2012, SEC.6; P.L.187-2015, SEC.20. IC 12-23-14-17 Indiana supreme court drug and alcohol programs fund; grants Sec. 17. (a) The Indiana supreme court drug and alcohol programs fund is established for the purpose of administering, certifying, and supporting alcohol and drug services programs under this chapter. The fund shall be administered by the office of judicial administration established by IC 33-24-6-1 . (b) 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 funds may be invested. (c) Money in the fund at the end of the fiscal year does not revert to the state general fund. (d) The office of judicial administration may award a grant from the fund to a probation department or a community corrections program to increase substance abuse treatment access for individuals on probation or individuals placed in a community corrections program who are under court supervision and who have been diagnosed with a substance abuse disorder or co-occurring disorder. (e) To receive a grant under this section, a probation department or community corrections program and the agency that will be providing treatment if the grant is approved must submit an application to the office of judicial administration: (1) on a form; and (2) in the manner; prescribed by the office of judicial administration. (f) The office of judicial administration shall determine the amount of a grant awarded under this section in consultation with the division of mental health and addiction and the local probation department or community corrections program. (g) Mental health and substance abuse counseling provided by grants under this section must be contracted for with a certified mental health or addiction provider as determined by the division of mental health and addiction. As added by P.L.122-1997, SEC.5. Amended by P.L.98-2004, SEC.89; P.L.158-2013, SEC.182; P.L.161-2018, SEC.30. IC 12-23-14-18 Chemical tests; costs; reporting of chemical test results Sec. 18. (a) As a condition of participation in an alcohol and drug services program, a participant may be required to undergo a chemical test or a series of chemical tests as specified by the program. A participant is liable for the costs of all chemical tests required under this section, regardless of whether the costs are paid to the court alcohol and drug services program or the laboratory. (b) A laboratory that performs a chemical test under this section shall report the results of the test to the program. As added by P.L.168-2002, SEC.6. IC 12-23-14-19 Right to participate; immunity from liability Sec. 19. (a) A person does not have a right to participate in an alcohol and drug services program under this chapter. (b) The director and members of the professional and administrative staff of an alcohol and drug services program who perform duties in good faith under this chapter are immune from civil liability for: (1) acts or omissions in providing services under this chapter; and (2) the reasonable exercise of discretion in determining eligibility to participate in an alcohol and drug services program. As added by P.L.168-2002, SEC.7. IC 12-23-14.5 Chapter 14.5. Repealed Repealed by P.L.108-2010, SEC.10. IC 12-23-15 Chapter 15. Citations for Public Intoxication 12-23-15-1 Arrest for public intoxication; options available 12-23-15-2 Individuals taken to city lock-up or county jail; evaluation of nonalcoholic factors contributing to intoxicated appearance 12-23-15-3 Form and contents of citation IC 12-23-15-1 Arrest for public intoxication; options available Sec. 1. A police officer or peace officer making an arrest for public intoxication may do the following: (1) If an individual is unmanageable or is causing damage to the individual or others, take the individual into custody for criminal processing in the city lock-up or county jail. (2) If an individual is manageable and not causing damage to the individual or others, issue a citation and do either of the following: (A) If within reasonable proximity, take the individual to any of the following: (i) The individual's home. (ii) The home of a relative of the individual. (iii) A responsible person who is competent and willing to provide care, assistance, and treatment. (B) Take the individual to an approved public or private treatment facility or to the city lock-up or county jail if no facility is available. [Pre-1992 Revision Citation: 16-13-6.1-32(a), (b).] As added by P.L.2-1992, SEC.17. IC 12-23-15-2 Individuals taken to city lock-up or county jail; evaluation of nonalcoholic factors contributing to intoxicated appearance Sec. 2. An individual to be taken to the city lock-up or county jail shall be evaluated at the earliest possible time for nonalcoholic factors that may be contributing to the appearance of intoxication. [Pre-1992 Revision Citation: 16-13-6.1-32(c).] As added by P.L.2-1992, SEC.17. IC 12-23-15-3 Form and contents of citation Sec. 3. A citation written for the purpose of the offense of public intoxication must contain the following: (1) The name of the individual arrested. (2) The place where arrested. (3) The name of the arresting officer. (4) The time of arrest. (5) The time and place for trial. (6) Any other pertinent information thought necessary by the enforcement agency under whose jurisdiction the intoxicated individual was arrested. [Pre-1992 Revision Citation: 16-13-6.1-33.] As added by P.L.2-1992, SEC.17. IC 12-23-16 Chapter 16. Program on Drug Abuse 12-23-16-1 Symptoms and conditions constituting drug abuse; determination by director 12-23-16-2 Powers and duties of division 12-23-16-3 Drug abuse treatment and rehabilitation centers; establishment IC 12-23-16-1 Symptoms and conditions constituting drug abuse; determination by director Sec. 1. For the purpose of this chapter, the director, in accordance with sound medical and psychiatric knowledge, may determine what symptoms and conditions must exist to say that an individual abuses drugs. [Pre-1992 Revision Citation: 16-13-7-1.] As added by P.L.2-1992, SEC.17. IC 12-23-16-2 Powers and duties of division Sec. 2. The division may do the following: (1) Provide for the promotion, establishment, coordination, and conduct of unified local programs of prevention, diagnosis, treatment, and rehabilitation in the field of drug abuse in cooperation with federal, state, local, and private agencies. (2) Survey and analyze the state's needs and formulate a comprehensive plan for the long range development of local community treatment programs through the utilization of state, federal, local, and private resources for the prevention and control of drug abuse. (3) With the approval of the budget agency, make agreements concerning local community treatment programs, including agreements with public and private agencies, to do or cause to be done whatever is necessary, desirable, or proper to carry out the purposes and objectives of this chapter within the amounts made available by appropriation, gift, grant, devise, or bequest. (4) Establish and operate local community rehabilitation centers and other local facilities that the division considers necessary or desirable for the care, treatment, and rehabilitation of drug abusers. (5) Approve facilities and services for the local community treatment, care, or rehabilitation of drug abusers. (6) With the approval of the budget agency, accept on behalf of the state a gift, grant, devise, or bequest. (7) Adopt rules under IC 4-22-2 to implement this chapter. [Pre-1992 Revision Citation: 16-13-7-2.] As added by P.L.2-1992, SEC.17. IC 12-23-16-3 Drug abuse treatment and rehabilitation centers; establishment Sec. 3. The division may establish drug abuse treatment and rehabilitation units: (1) independently within local communities; (2) as part of the community mental health plan; or (3) in cooperation with local authorities or associations for the purpose of study, rehabilitation, and treatment necessary for the control and prevention of drug abuse. [Pre-1992 Revision Citation: 16-13-7-3.] As added by P.L.2-1992, SEC.17. IC 12-23-17 Chapter 17. Institution for Alcohol and Drug Abusers 12-23-17-1 Alcohol and drug abusers; separate state institution; establishment; transfer of programs, records, and property 12-23-17-2 Administration of state institution 12-23-17-3 Transfer of programs, records, and property; transfer of related appropriations IC 12-23-17-1 Alcohol and drug abusers; separate state institution; establishment; transfer of programs, records, and property Sec. 1. With the approval of the governor, the director may do the following: (1) Establish a separate state institution for the purposes of observing, diagnosing, or treating alcohol abusers or drug abusers. (2) Transfer any part of the programs, records, and property at another state institution administered by the division relating to the observation, diagnosis, and treatment of alcohol abusers or drug abusers and the unused property at the other state institution to the state institution established under subdivision (1). [Pre-1992 Revision Citation: 16-13-1-9.3(b).] As added by P.L.2-1992, SEC.17. IC 12-23-17-2 Administration of state institution Sec. 2. The division shall administer and operate a state institution established under section 1 of this chapter. [Pre-1992 Revision Citation: 16-13-1-9.3(c).] As added by P.L.2-1992, SEC.17. IC 12-23-17-3 Transfer of programs, records, and property; transfer of related appropriations Sec. 3. If the programs, records, and property of a state institution are transferred under section 1(2) of this chapter, the state board of finance shall, under IC 4-9.1-1-7 and IC 4-13-2-23 , transfer an appropriation to the state institution related to the transferred programs, records, and property to the state institution established under section 1 of this chapter. [Pre-1992 Revision Citation: 16-13-1-9.3(d).] As added by P.L.2-1992, SEC.17. IC 12-23-18 Chapter 18. Opioid Treatment Diversion Control and Oversight Program 12-23-18-0.5 Opioid treatment program; requirements for operation 12-23-18-1 Rules 12-23-18-2 Diversion control 12-23-18-2.5 Drug testing 12-23-18-3 Opioid treatment program fees 12-23-18-4 Opioid treatment program fund 12-23-18-5 Standards for operation; report; initial patient assessment; prohibitions 12-23-18-5.3 Rules concerning opioid treatment 12-23-18-5.5 Opioid treatment programs; limitations; report to General Assembly; rules 12-23-18-5.6 Central registry 12-23-18-5.7 Repealed 12-23-18-5.8 Violations; penalties 12-23-18-6 Repealed 12-23-18-7 Adoption of rules establishing standards and protocols; use of alternative medication for treatment; explanation of side effects 12-23-18-7.5 Office based opioid treatment providers; treatment protocol; clinical practice guidelines 12-23-18-8 "Dispense"; provision of information to division; annual report IC 12-23-18-0.5 Opioid treatment program; requirements for operation Sec. 0.5. (a) An opioid treatment program shall not operate in Indiana unless the opioid treatment program meets the following conditions: (1) Is specifically approved and the opioid treatment facility is certified by the division. (2) Is in compliance with state and federal law. (3) Provides treatment for opioid addiction using a drug approved by the federal Food and Drug Administration for the treatment of opioid addiction, including: (A) opioid maintenance; (B) detoxification; (C) overdose reversal; (D) relapse prevention; and (E) long acting, nonaddictive medication assisted treatment medications. (4) Beginning July 1, 2017, is: (A) enrolled: (i) as a Medicaid provider under IC 12-15 ; and (ii) as a healthy Indiana plan provider under IC 12-15-44.2 ; or (B) enrolled as an ordering, prescribing, or referring provider in accordance with Section 6401 of the federal Patient Protection and Affordable Care Act (P.L. 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) and maintains a memorandum of understanding with a community mental health center for the purpose of ordering, prescribing, or referring treatments covered by Medicaid and the healthy Indiana plan. (b) Separate specific approval and certification under this chapter is required for each location at which an opioid treatment program is operated. If an opioid treatment program moves the opioid treatment program's facility to another location, the opioid treatment program's certification does not apply to the new location and certification for the new location under this chapter is required. (c) Each opioid treatment program that is enrolled as an ordering, prescribing, or referring provider shall report to the office on an annual basis the services provided to Indiana Medicaid patients. The report must include the following: (1) The number of Medicaid patients seen by the ordering, prescribing, or referring provider. (2) The services received by the provider's Medicaid patients, including any drugs prescribed. (3) The number of Medicaid patients referred to other providers. (4) Any other provider types to which the Medicaid patients were referred. As added by P.L.116-2008, SEC.2. Amended by P.L.1-2009, SEC.108; P.L.8-2016, SEC.2. IC 12-23-18-1 Rules Sec. 1. (a) Subject to federal law and consistent with standard medical practice in opioid treatment of drug abuse, the division shall adopt rules under IC 4-22-2 to establish and administer an opioid treatment diversion control and oversight program to identify individuals who divert opioid treatment medications from legitimate treatment use and to terminate the opioid treatment of those individuals. (b) Rules adopted under subsection (a) must include provisions relating to the following matters concerning opioid treatment programs and patients who receive opioid treatment: (1) Regular clinic attendance by the patient. (2) Specific counseling requirements for the opioid treatment program. (3) Serious behavior problems of the patient. (4) Stable home environment of the patient. (5) Safe storage capacity of opioid treatment medications within the patient's home. (6) Medically recognized testing protocols to determine legitimate opioid treatment medication use. (7) The opioid treatment program's medical director and administrative staff responsibilities for preparing and implementing a diversion control plan. As added by P.L.11-2003, SEC.2. Amended by P.L.116-2008, SEC.3. IC 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. IC 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: (A) the onsite physician; or (B) another health care provider authorized to conduct the clinical evaluation under section 5(g) of this chapter; 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 or health care provider 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, unless otherwise authorized by the division, 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 or other authorized health care provider who conducts the clinical evaluation under subdivision (1), after consultation with the medical and behavioral staff, determines that daily treatment is no longer necessary. (3) The patient must take a monthly 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; P.L.143-2025, SEC.2. IC 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. IC 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. IC 12-23-18-5 Standards for operation; report; initial patient assessment; prohibitions Sec. 5. (a) The division shall adopt rules under IC 4-22-2 to establish the following: (1) Standards for operation of an opioid treatment program in Indiana, including the following requirements: (A) Except as otherwise prescribed by the division, an opioid treatment program shall obtain prior authorization from the division for any patient receiving more than fourteen (14) days of opioid maintenance treatment medications at one (1) time and the division may approve the authorization only under the following circumstances: (i) A physician licensed under IC 25-22.5 has issued an order for the opioid treatment medication. (ii) The patient has not tested positive under a drug test for a drug for which the patient does not have a prescription for a period of time set forth by the division. (iii) The opioid treatment program has determined that the benefit to the patient in receiving the take home opioid treatment medication outweighs the potential risk of diversion of the take home opioid treatment medication. (B) Minimum requirements for a licensed physician's regular: (i) physical presence in the opioid treatment facility; and (ii) physical evaluation and progress evaluation of each opioid treatment program patient. (C) Minimum staffing requirements by licensed and unlicensed personnel. (D) Clinical standards for the appropriate tapering of a patient on and off of an opioid treatment medication. (2) A requirement that, not later than February 28 of each year, a current diversion control plan that meets the requirements of 21 CFR Part 290 and 42 CFR Part 8 be submitted for each opioid treatment facility. (3) Fees to be paid by an opioid treatment program for deposit in the fund for annual certification under this chapter as described in section 3 of this chapter. The fees established under this subsection must be sufficient to pay the cost of implementing this chapter. (b) The division shall conduct an annual onsite visit of each opioid treatment program facility to assess compliance with this chapter. (c) Not later than April 1 of each year, the division shall report to the general assembly in electronic format under IC 5-14-6 the following information: (1) The number of prior authorizations that were approved under subsection (a)(1)(A) in the previous year and the: (A) time frame for each approval; and (B) duration of each approved treatment. (2) The number of authorizations under subdivision (1) that were, in the previous year, revoked due to a patient's violation of an applicable term or condition. (3) The number of each of the actions taken under section 5.8(a) of this chapter in the previous year. (4) The number and type of violations assessed for each action specified in section 5.8(a) of this chapter in the previous year. (d) A facility shall report, in a manner prescribed by the division, all information required by the division to complete the report described in subsection (c). (e) An opioid treatment program may close on Sundays and a national legal holiday recognized by the federal government. (f) The division may not require the medical director of an opioid treatment program to obtain admitting privileges at a hospital. (g) Any of the following health care providers may conduct an initial assessment, examination, or evaluation of a patient, including documenting the information in the patient's medical record, that is within the health care provider's scope of practice and upon the patient's admission to an opioid treatment program: (1) A physician licensed under IC 25-22.5 . (2) An advanced practice registered nurse who: (A) is licensed under and meets the requirements of IC 25-23 ; and (B) maintains a collaborative agreement under IC 25-23-1-19.4 with a physician who works onsite at the opioid treatment program. (3) A physician assistant who: (A) is licensed under IC 25-27.5 ; and (B) maintains a collaborative agreement with a physician who works onsite at the opioid treatment program. (h) The division may not establish rules or guidelines that are more stringent than the regulations set forth in 42 CFR 8.12 concerning the following: (1) Criteria for patient admission to an opioid treatment program. (2) Clinical standards concerning the administering or dispensing of an initial dose of opioid treatment medication. As added by P.L.11-2003, SEC.2. Amended by P.L.116-2008, SEC.8; P.L.131-2014, SEC.3; P.L.7-2015, SEC.38; P.L.8-2016, SEC.3; P.L.181-2021, SEC.1; P.L.143-2025, SEC.3. IC 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. IC 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. IC 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. IC 12-23-18-5.7 Repealed As added by P.L.116-2008, SEC.11. Repealed by P.L.28-2012, SEC.17. IC 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. IC 12-23-18-6 Repealed As added by P.L.11-2003, SEC.2. Repealed by P.L.116-2008, SEC.13. IC 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. IC 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. IC 12-23-18-8 "Dispense"; provision of information to division; annual report Sec. 8. (a) As used in this section, "dispense" means to deliver a controlled substance to an ultimate user. (b) Subject to the federal patient confidentiality requirements under 42 CFR Part 2, when an opioid treatment program dispenses a controlled substance designated by the Indiana board of pharmacy under IC 35-48-2-5 through IC 35-48-2-10 , the opioid treatment program shall provide the following information upon request from the division: (1) The medications dispensed by the program. (2) The medication delivery process, which includes whether the medication was in liquid, film, or another form. (3) The number of doses dispensed of each medication. (4) The dosage quantities for each medication. (5) The number of patients receiving take home medications. (6) The number of days of supply dispensed. (7) Patient demographic information for each medication, including gender, age, and time in treatment. (8) The dispenser's United States Drug Enforcement Agency registration number. (9) The average number of patients served by: (A) the opioid treatment program annually; and (B) each employed or contracted prescriber of the opioid treatment program. (10) The annual ratio of employed or contracted prescribers to patients served at each opioid treatment program. (11) The number of patients and the average length of treatment for each medication dispensed by the opioid treatment program. (12) The number of patients completing an opiate treatment program treatment service having transitioned to opioid abstinence, including the use of long acting, nonaddictive medication for relapse prevention. (13) The number of patients demonstrating improvement in functioning, as defined by the division, while in treatment at an opiate treatment program. (14) An annual submission of each opiate treatment program's policy concerning: (A) the use of INSPECT (as defined in IC 25-26-24-7 ); (B) the protocol for addressing patients who are found, using INSPECT data, to have prescriptions for a controlled substance, including benzodiazepines or other opiate medications; and (C) the protocol for addressing patients who have illicit urine drug screens indicating the use of a controlled substance, including benzodiazepines or other opiates, whether prescribed or not. (15) The number of patients denied access to services due to inability to pay, including the demographic information of the patient concerning race. (16) The number of patients who are receiving behavioral health services in addition to medication. (17) The average mileage a patient is traveling to receive treatment. (18) The patient relapse rate or the average time an individual is receiving treatment from the opioid treatment program. (19) The number of admissions and discharges of patients at the opioid treatment program. (20) The number of pregnant women being treated. (21) Whether an individual is employed at the time of admission and whether the patient obtains employment during treatment. (22) The number of patients who are eligible for the Medicaid program. (23) A description of programs offered by the opioid treatment program. (24) A description of any community outreach or education to the public offered by the opioid treatment program. (25) The number of patients who have eliminated the use of an illegal substance after the first year of treatment at the opioid treatment program. (c) An opioid treatment program shall provide the information required under this section to the division in a manner prescribed by the division. (d) The division shall annually report the information collected under this section to the legislative council in an electronic format under IC 5-14-6 not later than October 1. As added by P.L.131-2014, SEC.5. Amended by P.L.8-2016, SEC.6; P.L.165-2017, SEC.1; P.L.51-2019, SEC.2. IC 12-23-19 Chapter 19. Mental Health and Addiction Forensic Treatment Services Grants 12-23-19-1 "Mental health and addiction forensic treatment services" 12-23-19-2 Eligibility; use of grants and vouchers; determination on reimbursement 12-23-19-3 Administration or coordination of services by certified or licensed provider 12-23-19-4 Mental health and addiction forensic treatment services account 12-23-19-5 Subrogation concerning reimbursement 12-23-19-6 Education and training on involuntary commitment and medication assisted treatment 12-23-19-7 Survey of individuals receiving services; report 12-23-19-8 Coordination of employment and training services 12-23-19-9 Appeals process IC 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. IC 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 (f); 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; P.L.85-2024, SEC.2. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 12-23-19.5 Chapter 19.5. Addiction Treatment Teams 12-23-19.5-1 "Addiction treatment team" 12-23-19.5-2 Addiction treatment services 12-23-19.5-3 Memorandum of understanding 12-23-19.5-4 Reimbursement; reimbursement system; incentive payments 12-23-19.5-5 Supplementing treatment infrastructure shortages IC 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. IC 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. IC 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. IC 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. IC 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. IC 12-23-20 Chapter 20. Opioid Treatment Providers 12-23-20-1 Application of section; development of treatment protocol 12-23-20-2 Office based opioid treatment; requirements IC 12-23-20-1 Application of section; development of treatment protocol Sec. 1. (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 that includes, when appropriate, the goal of opioid abstinence, and the following: (1) Require an opioid treatment provider to periodically and randomly test a patient for the following before and during the patient's treatment by the provider: (A) Methadone. (B) Cocaine. (C) Opiates. (D) Amphetamines. (E) Barbiturates. (F) Tetrahydrocannabinol. (G) Benzodiazepines. (H) Any other suspected or known drug that may have been abused by the patient. (2) Require that if a patient tests positive under a test described in subdivision (1) for: (A) a controlled substance other than a drug for which the patient has a prescription or that is part of the patient's treatment plan with the provider; or (B) an illegal drug other than the drug that is part of the patient's treatment plan with the provider; the opioid treatment provider and the patient shall review the treatment plan and consider changes with the goal of opioid abstinence. (3) Require that an opioid treatment provider must determine that the benefit to the patient in receiving the take home opioid treatment medication outweighs the potential risk of diversion of the take home opioid treatment medication. (4) Develop clinical standards for: (A) the appropriate tapering of a patient on and off an opioid treatment medication; (B) relapse; and (C) overdose prevention. (5) Develop standards and protocols for an opioid treatment provider to do the following: (A) Assess new opioid treatment patients to determine the most effective opioid treatment medications to start the patient's opioid treatment. (B) Ensure that each patient voluntarily chooses maintenance treatment and that relevant facts concerning the use of opioid treatment medications, including nonaddictive medication options, are clearly and adequately explained to the patient. (C) Have appropriate opioid treatment patients who are receiving maintenance medications for opioid treatment move to receiving other approved opioid treatment medications. (c) Before December 31, 2016, the office of the secretary shall recommend the best practice guidelines required under subsection (b) to: (1) the Indiana professional licensing agency established under IC 25-1-5 ; (2) the office; and (3) a managed care organization that has contracted with the office. As added by P.L.37-2016, SEC.3. IC 12-23-20-2 Office based opioid treatment; requirements Sec. 2. (a) This section does not apply to a health care provider providing services in any of the following: (1) An adult or juvenile correctional facility operated by the state or a local unit. (2) A hospital licensed under IC 16-21-2 . (3) A facility that is certified by the division. (4) An opioid treatment program that has been certified or licensed by the division under IC 12-23-18 . (5) A state institution. (6) A health facility licensed under IC 16-28 . (7) The Indiana Veterans' Home. (b) A physician who is providing office based opioid treatment or who is acting in a supervisory capacity to other health care providers that are providing office based opioid treatment must: (1) have a valid federal Drug Enforcement Administration registration number and identification number; and (2) abide by all: (A) federal; and (B) state; laws and regulations concerning the prescribing of medications. (c) A health care provider that prescribes for a patient in an office based opioid treatment setting shall do and document the following: (1) Determine the patient's age. (2) Perform an initial assessment and a physical examination as appropriate for the patient's condition and the health care provider's scope of practice and obtain a medical history of the patient before treatment begins. (3) Obtain substance use history and any substance use disorder diagnosis of the patient. (4) Perform a mental health assessment. (5) Obtain informed consent for treatment and establish a treatment agreement with the patient that meets the requirements set forth in subsection (d). (6) If determined appropriate, prescribe office based opioid treatment for the patient and require office visits of the patient in person throughout treatment. (7) Evaluate the patient's progress and compliance with the treatment agreement and document the patient's progress with the treatment plan. (8) Perform toxicology screening for the following in accordance with rules adopted under IC 25-22.5-2-7 (a)(14) in order to assess medication adherence and to screen for other substances: (A) Stimulants. (B) Alcohol. (C) Opioids, including: (i) oxycodone; (ii) methadone; and (iii) buprenorphine. (D) Tetrahydrocannabinol. (E) Benzodiazepines. (F) Cocaine. (9) Review INSPECT (as defined in IC 25-26-24-7 ) concerning controlled substance information for the patient before induction and at least four (4) times per year during treatment. (10) If the patient is a female and has child bearing potential: (A) perform a pregnancy test at the onset of treatment; (B) counsel the patient about the risks of treatment to a fetus, including fetal opioid dependency and neonatal abstinence syndrome; and (C) provide for or refer the patient to prenatal care, if the pregnancy test performed under clause (A) is positive. (11) Prescribe an overdose intervention drug and education on how to fill the prescription when buprenorphine is initiated on the patient. (12) Provide for an ongoing component of psychosocial supportive therapy, with direction from the health care provider on the amount of the therapy. (d) The treatment agreement required in subsection (c)(5) must include at least the following: (1) The goals of the treatment. (2) The patient's consent to drug monitoring testing. (3) The prescriber's prescribing policies that include at least the following: (A) A requirement that the patient take the medication as prescribed. (B) A prohibition on sharing or selling the medication. (C) A requirement that the patient inform the prescriber about any: (i) other controlled substances or other medication prescribed or taken by the patient; and (ii) alcohol consumed by the patient. (4) The patient's consent to allow the prescriber to conduct random pill counts for prescriptions. (5) Reasons that the office based opioid treatment of the patient may be changed or discontinued by the prescriber. The provider shall maintain a copy of the informed consent for treatment in the patient's medical record. (e) During the examinations required by subsection (c)(6), the prescriber shall do the following: (1) Evaluate and document patient progress and compliance with the patient's treatment plan. (2) Document in the patient's medical record whether the patient is meeting treatment goals. (3) Discuss with the patient the benefits and risks, if relevant, of ongoing buprenorphine treatment. (f) If a toxicology screening described in subsection (c)(8) shows an absence of a prescribed drug, the provider must discuss and implement a plan with the patient to optimize medication adherence and schedule an earlier follow up appointment with the patient. The provider shall document the discussion in the patient's medical record. (g) If a toxicology screening described in subsection (c)(8) shows a presence of an illegal or nonprescribed drug, the provider shall assess the risk of the patient to be successfully treated and document the results in the patient's medical record. (h) The provider may perform a subsequent confirmation toxicology screening of the patient if the provider considers it medically necessary or to clarify an inconsistent or unexpected toxicology screening result. As added by P.L.213-2019, SEC.1. Amended by P.L.32-2021, SEC.32; P.L.233-2023, SEC.4. IC 12-23-21 Chapter 21. Physician Medication Assisted Treatment Training Reimbursement Pilot Program 12-23-21-1 "Waiver training" 12-23-21-2 Establishment of physician medication assisted treatment training reimbursement pilot program; administration 12-23-21-3 Requirements; eligibility; application procedure 12-23-21-4 Rules IC 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. IC 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. IC 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. IC 12-23-21-4 Rules Sec. 4. The division may adopt rules under IC 4-22-2 necessary to implement this chapter. As added by P.L.168-2017, SEC.3. IC 12-23-21.2 Chapter 21.2. Expired As added by P.L.125-2017, SEC.1. Expired 12-31-2022 by P.L.222-2019, SEC.3. IC 12-23-21.5 Chapter 21.5. Comprehensive Addiction Recovery Centers 12-23-21.5-1 Certification of comprehensive addiction recovery centers; grant program 12-23-21.5-2 Awarding of grant; requirements; priority 12-23-21.5-3 Submission of data; confidentiality 12-23-21.5-4 Fund IC 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. IC 12-23-21.5-2 Awarding of grant; requirements; priority Sec. 2. (a) The division may award a grant in accordance with this chapter to an eligible entity or group of entities working in cooperation to establish or operate a comprehensive addiction recovery center. In order for an entity to be certified as a comprehensive addiction recovery center and be eligible for a grant under this chapter, the entity must apply for the certification or grant in the manner set forth by the division and meet the following requirements: (1) Be credentialed to accept reimbursement through all of the following: (A) A policy of accident and sickness insurance (as defined in IC 27-8-5-1 ). (B) A contract with a health maintenance organization under IC 27-13 . (C) The Medicaid program ( IC 12-15 ). (D) Mental health and addiction forensic treatment services under IC 12-23-19 . (2) Determine that the applicant carries out or is capable of coordinating with other entities to carry out the following: (A) Community outreach as follows: (i) Train and supervise outreach staff to work with schools, workplaces, faith based organizations, the Indiana department of health, local health departments, law enforcement, and first responders to ensure awareness of the center's services. (ii) Disseminate and make available online evidence based resources that educate professionals and the public on opioid use disorder and other substance use disorders. (B) Treatment and recovery services as follows: (i) Intake evaluation that determines the clinical needs of patients. (ii) Full continuum of treatment services including all drugs approved by the Food and Drug Administration for medication assisted treatment, including withdrawal management and maintenance of substance use disorders. (iii) Treatment services include either partial hospitalization or intensive outpatient, at least one (1) level of residential care, at least one (1) level of inpatient or acute hospitalization, peer support services, and outpatient services, including medication management and behavioral therapies, recovery residences, and other services as defined by the division. (iv) Administration of an onsite pharmacy and provision of toxicology services. (C) Establishment and operation of a secure and confidential electronic health information system that is capable of measuring recovery outcomes, including measures of: (i) housing and employment; and (ii) any other measures determined by the division. (D) Partnering with community or faith based entities to offer family support services, including child care, family counseling, and other services as defined by the division. (E) Partnering with entities to deliver job training and workforce readiness services. (3) Use the grant funds to establish or operate a comprehensive addiction recovery center. (b) The division shall give priority to applications by eligible entities that: (1) are geographically distributed around the state and at least in the: (A) north; (B) central; and (C) south; regions; and (2) meet other criteria or need, as determined by the division. (c) The division may award at least three (3) grants under this chapter. As added by P.L.145-2019, SEC.1. Amended by P.L.56-2023, SEC.126. IC 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. IC 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. IC 12-23-22 Chapter 22. Expired As added by P.L.168-2017, SEC.4. Expired 1-1-2020 by P.L.168-2017, SEC.4. IC 12-23-23 Chapter 23. Employee Substance Abuse Treatment 12-23-23-0.5 Approval by commission 12-23-23-1 "Employee" 12-23-23-2 "Guidelines" 12-23-23-3 Employer electing to comply 12-23-23-4 Establishment of best practice guidelines 12-23-23-5 Employee eligibility requirements 12-23-23-6 Division responsibilities 12-23-23-7 Guideline requirements; employer authority 12-23-23-8 Violation of policy; notification of treatment provider 12-23-23-9 Annual collection of information by division; report 12-23-23-10 Criteria compliance with federal law 12-23-23-11 Rules 12-23-23-12 Immunity; not admissible as evidence IC 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. IC 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. IC 12-23-23-2 "Guidelines" Sec. 2. As used in this chapter, "guidelines" refers to the best practice guidelines established by the division under section 4 of this chapter. As added by P.L.195-2018, SEC.9. IC 12-23-23-3 Employer electing to comply Sec. 3. An employer may elect to comply with this chapter. As added by P.L.195-2018, SEC.9. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 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. IC 12-23-23-11 Rules Sec. 11. The division may adopt rules under IC 4-22-2 to administer this chapter. As added by P.L.195-2018, SEC.9. IC 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. IC 12-23-24 Chapter 24. Community and Faith Based Substance Abuse Programs Grant 12-23-24-1 Establishment; administration of program IC 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. IC 12-23-24.2 Chapter 24.2. Community and Faith Based Substance Abuse Transportation Assistance Grant Program 12-23-24.2-1 Establishment; administration of program IC 12-23-24.2-1 Establishment; administration of program Sec. 1. (a) The division may establish and administer a community and faith based substance abuse transportation assistance grant program for the purpose of supporting individuals in: (1) avoiding abuse of; or (2) overcoming addiction to; at least one (1) substance by reimbursing participants or programs operated by a nonprofit community or faith based entity for a participant's travel costs of transportation to meetings or activities. (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. (c) An applicant for a grant under this chapter must meet the following requirements: (1) Has been operating the program for at least three (3) years before the date the grant application is submitted. (2) Is able to demonstrate success of the applicant's program by including in the application contact information and any endorsements from at least three (3) individuals not employed or otherwise affiliated with the program and who have professional roles in the prevention of substance abuse or overcoming addiction, including those working in drug courts. (3) Has documented community support, including financial support, for the applicant's program. As added by P.L.96-2019, SEC.2. IC 12-23-25 Chapter 25. Registration of Recovery Residences 12-23-25-1 "Ethical standards" 12-23-25-2 "Owner" 12-23-25-3 "Recovery residence services" 12-23-25-4 Registration 12-23-25-5 Registration requirements; renewal; fees 12-23-25-6 Posting list of registered recovery residences 12-23-25-7 Limitation on the use of "recovery residence" 12-23-25-8 Rules 12-23-25-9 Administrative proceeding 12-23-25-10 Authority to contract 12-23-25-11 Effect on recovery residence certification standards IC 12-23-25-1 "Ethical standards" Sec. 1. As used in this chapter, "ethical standards" means the ethical standards for recovery residences determined by any of the following: (1) The National Alliance for Recovery Residences (NARR). (2) The Indiana Affiliation of Recovery Residences. (3) A similar organization, as determined by the division. As added by P.L.32-2026, SEC.6. IC 12-23-25-2 "Owner" Sec. 2. As used in this chapter, "owner" means a person that owns a recovery residence. As added by P.L.32-2026, SEC.6. IC 12-23-25-3 "Recovery residence services" Sec. 3. As used in this chapter, "recovery residence services" means residential care and supported housing for individuals with chronic addiction provided in a recovery residence. As added by P.L.32-2026, SEC.6. IC 12-23-25-4 Registration Sec. 4. An owner shall register with the division for the purpose of ensuring adherence to ethical standards. As added by P.L.32-2026, SEC.6. IC 12-23-25-5 Registration requirements; renewal; fees Sec. 5. (a) An owner applying for registration under this chapter shall provide to the division the following: (1) Information concerning the owner's qualifications and work experience. The owner must certify that the information provided under this subdivision is correct. (2) Official documentation that the owner has met all applicable zoning and legal requirements concerning the recovery residence. (3) Three (3) letters of reference. (4) Subject to subsection (c), a registration fee of five hundred dollars ($500) for each recovery residence owned. (5) Proof that the owner and all recovery residence staff are at least eighteen (18) years of age. (6) A statement that the owner will adhere to the ethical standards. (7) Any other information required by the division. (b) A registration is valid for two (2) years. The owner shall renew the recovery residence's registration by: (1) updating any information required under subsection (a) that has changed; and (2) subject to subsection (c), paying a renewal fee of three hundred fifty dollars ($350) for each recovery residence. (c) This subsection applies to an owner that owns more than one (1) recovery residence. The division may not charge an owner a total amount for registration or renewal fees that exceeds two thousand dollars ($2,000) for each registration or renewal period. As added by P.L.32-2026, SEC.6. IC 12-23-25-6 Posting list of registered recovery residences Sec. 6. The division shall post a list of recovery residences registered under this chapter on the division's public website, including the following information for each recovery residence: (1) Name. (2) Address. (3) Contact information. (4) Registration status. (5) Any violations of the ethical standards. (6) Any other information required by the division. As added by P.L.32-2026, SEC.6. IC 12-23-25-7 Limitation on the use of "recovery residence" Sec. 7. An owner may not use the words "recovery residence" in a title or description of a facility, organization, or program that provides recovery residence services unless the recovery residence is registered and in good standing under this chapter. As added by P.L.32-2026, SEC.6. IC 12-23-25-8 Rules Sec. 8. The division shall adopt rules under IC 4-22-2 concerning the following: (1) The issuance, revocation, and denial of a registration. (2) Any other rules necessary to implement this chapter. As added by P.L.32-2026, SEC.6. IC 12-23-25-9 Administrative proceeding Sec. 9. An administrative proceeding under this chapter is governed by IC 4-21.5 . As added by P.L.32-2026, SEC.6. IC 12-23-25-10 Authority to contract Sec. 10. The division may contract with the Indiana Affiliation of Recovery Residences or a similar entity that specializes in the ethical standards to administer the registration of recovery residences under this chapter, including maintaining the list described in section 6 of this chapter and performing any administrative activities necessary to implement this chapter. As added by P.L.32-2026, SEC.6. IC 12-23-25-11 Effect on recovery residence certification standards Sec. 11. This chapter does not affect the standards for the certification of recovery residences established under IC 12-21-2-3 (14). As added by P.L.32-2026, SEC.6. IC 12-24