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).