Sec. 3. (a) A rule adopted by the department of mental health concerning residential facilities under IC 16-13-21 or IC 16-13-22, as amended by P.L.9-1991 and before their repeal, is valid and effective until the division of disability and rehabilitative services adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the department of mental health rule; or

(2) repeals the department of mental health rule.

     (b) Notwithstanding subsection (a), if a rule adopted by the department of mental health before January 1, 1992:

(1) has not been superseded or repealed as provided in subsection (a); and

(2) provides authority to the department of mental health that has been transferred to the division of disability and rehabilitative services under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of disability and rehabilitative services and not the department of mental health.

As added by P.L.220-2011, SEC.253. Amended by P.L.168-2018, SEC.5.