Regulation detail

IC 12-23

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Addiction Services

Jurisdiction: IN Agency: Indiana General Assembly
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Plain-English summary

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.

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Regulation text
ARTICLE 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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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Repealed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