Sec. 12. (a) Except as provided in subsection (b), a rule adopted by the department of mental health concerning the handicapped infants and toddlers program, before its repeal by P.L.9-1991, is valid and effective until the section of child care services within the division of family and children adopts a rule under IC 4-22-2 that supersedes in whole or in part or otherwise repeals the department of mental health rule for the infants and toddlers with disabilities program under IC 12-17-15, as added by P.L.21-1992, and before its repeal.
(b) 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(1) has not been superseded or repealed as provided in subsection (a); and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 section of child care services within the division of family and children;
the rule shall be interpreted to constitute an authorization to the section of child care services within the division of family and children and not the division of mental health.