Sec. 5. (a) Subject to subsections (b) and (c), the secretary may delegate statutory duties or powers of the division, a bureau of the division, the director, or other statutorily created personnel.

     (b) If the secretary decides that a final decision is to be made concerning the placement of an individual with a mental illness in a mental health facility, the final decision must be made:

(1) by the secretary, if the secretary is a licensed psychiatrist or licensed psychologist; or

(2) by a licensed psychiatrist or licensed psychologist who is delegated the authority by the secretary;

in consultation with the patient’s psychiatrist or psychologist.

     (c) Subsection (b) does not apply to an initial placement designation made under IC 12-24-12-10(b).

[Pre-1992 Revision Citation: 16-13-1-7.1(a)(4).]

As added by P.L.2-1992, SEC.15. Amended by P.L.25-2003, SEC.2; P.L.184-2003, SEC.12; P.L.99-2007, SEC.101; P.L.35-2016, SEC.57.