Authority: IC 12-23-1-6; IC 12-23-18

Affected: IC 4-21.5; IC 12-23-18-5.8

Sec. 41. (a) The division director may take any of the following actions based on any grounds described in subsection (b):

1. (1) Issue a letter of correction to the OTP.
2. (2) Reinspect the OTP.
3. (3) Issue a notice of conditional status of the OTP's specific approval.
4. (4) Deny the renewal of or revoke the OTP's specific approval.
5. (5) Impose a civil penalty in an amount not exceeding ten thousand dollars ($10,000).

(b) The division director may take action under subsection (a) based on any of the following grounds:

1. (1) Violating, or failing to comply with, either of the following:

   1. (A) IC 12-23-18.
   2. (B) This rule.
2. (2) Permitting, aiding, or abetting the commission of any illegal act in an OTP facility.
3. (3) Conduct or a practice found by the director to be detrimental to the welfare of an OTP patient.

(c) IC 4-21.5, the administrative orders and procedures act, applies to an action under this rule.

(Division of Mental Health and Addiction; 440 IAC 10-4-41; filed Dec 30, 2009, 2:00 p.m.: 20100127-IR-440080412FRA; readopted filed May 10, 2016, 11:24 a.m.: 20160608-IR-440160134RFA; readopted filed Nov 9, 2022, 4:31 p.m.: 20221207-IR- 440220292RFA)