Sec. 4. (a) A rule adopted by the state board of health concerning child care licensing under IC 12-3-2, as amended by P.L.9-1991 and before its repeal, is valid and effective until the division of family and children adopts a rule under IC 4-22-2 that:

(1) supersedes in whole or in part the state board of health rule; or

(2) repeals the state board of health rule.

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

(1) has not been superseded or repealed as provided in subsection (a); and

(2) provides authority to the state board of health that has been transferred to the division of family and children under P.L.9-1991;

that rule shall be interpreted to constitute an authorization to the division of family and children and not the state board of health.

As added by P.L.220-2011, SEC.253.