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

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

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 (1) has not been superseded or repealed as provided in subsection (a); and

   2. (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.