Title 16, TITLE 16. HEALTH

Sec. 99. "DNA test", for purposes of IC 16-37-2-10, has the meaning set forth in IC 16-37-2-10(a). [Pre-1993 Recodification Citation: 16-1-16-7(a).] As added by P.L.2-1993, SEC.1.

Sec. 99.3. "DNR", for purposes of IC 16-36-5, has the meaning set forth in IC 16-36-5-4. As added by P.L.148-1999, SEC.5.

Sec. 99.5. "Donations", for purposes of IC 16-21-6 and IC 16-21-9, means the unreimbursed costs of providing cash and in kind services and gifts, including facilities, equipment, personnel, and programs, to other nonprofit or public outpatient clinics, hospitals, or health care o…

Sec. 1. (a) The executive board of the Indiana department of health is established. (b) The executive board consists of thirteen (13) members appointed by the governor as follows: (1) Three (3) licensed physicians. (2) One (1) sanitary engineer. (3) One (1) pharmacist. (4) One (1…

Sec. 2. Members of the executive board shall be appointed for terms of four (4) years. Each member shall serve until a successor is appointed and qualified. [Pre-1993 Recodification Citation: 16-1-36-1(b).] As added by P.L.2-1993, SEC.2.

Sec. 3. Members of the executive board may be removed by the governor for cause. A vacancy on the executive board shall be filled by appointment by the governor for the unexpired term. [Pre-1993 Recodification Citation: 16-1-36-1(c).] As added by P.L.2-1993, SEC.2.

Sec. 4. The executive board or the executive board's designee is the ultimate authority under IC 4-21.5 for any matter concerning the state department. [Pre-1993 Recodification Citation: 16-1-36-1(d).] As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.2.

Sec. 5. In addition to any other statutory duty, the executive board shall serve as an advisory board to the state department. [Pre-1993 Recodification Citation: 16-1-36-1(e).] As added by P.L.2-1993, SEC.2. IC 16-19-2-6 Meetings Sec. 6. The executive board shall meet at least on…

Sec. 7. A majority of the executive board members constitutes a quorum for the transaction of official business. [Pre-1993 Recodification Citation: 16-1-2-2(b).] As added by P.L.2-1993, SEC.2.

Sec. 8. Each member of the executive board who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). The member is also entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and other expenses actually incurred …

Sec. 9. The members shall elect one (1) member as chairperson of the executive board. The chairperson shall serve for a term of two (2) years, unless the person's term of office as a member of the executive board expires sooner. [Pre-1993 Recodification Citation: 16-1-2-2(d).] As…

Sec. 1. This chapter does not apply to a county that is subject to IC 16-22-8. [Pre-1993 Recodification Citation: 16-1-3.8-1 part.] As added by P.L.2-1993, SEC.3.

Sec. 10. (a) All members of a local board of health shall be appointed for a term of four (4) years. Each member serves until a successor is appointed and qualified. (b) Unless otherwise required by law, after December 31, 1991, the board members serve staggered terms. The appoin…

Sec. 12. A member of a local board of health must meet the following conditions: (1) Be a citizen of the United States. (2) Reside in a county to which the local board of health provides health services. [Pre-1993 Recodification Citation: 16-1-3.8-7(d).] As added by P.L.2-1993, S…

Sec. 13. An individual who has a vested interest or stands to gain financially from any activity of the local health department or a policy decision of the board is ineligible to serve on a local health board. [Pre-1993 Recodification Citation: 16-1-3.8-7(e).] As added by P.L.2-1…

Sec. 14. At the first meeting of a local board of health each year, the members shall elect a chairman. [Pre-1993 Recodification Citation: 16-1-3.8-8(a) part.] As added by P.L.2-1993, SEC.3.

Sec. 15. (a) Meetings may be called by any of the following: (1) The chairman. (2) Four (4) members of the local board of health. (3) The local health officer. (b) A majority of the members constitutes a quorum for the transaction of business. [Pre-1993 Recodification Citation: 1…

duties Sec. 16. (a) Each local board of health shall appoint a health officer that meets the requirements of IC 16-20-1-9.5 to serve for a term of four (4) years. The health officer serves until a successor is appointed and qualified. (b) The appointment of a local health officer…

fund; appropriations; exception Sec. 17. (a) The fiscal body of a county in which a local health department has been authorized shall assess a levy annually on the assessed valuation of taxable property for the maintenance of the county health department. (b) The taxes shall be p…

counties Sec. 18. (a) This section applies to a county having a population of more than one hundred eighty-five thousand (185,000) and less than two hundred thousand (200,000). (b) Each year the county fiscal officer shall transfer to the community health clinic located in the co…

adoption of health ordinances Sec. 2. (a) Except as provided in IC 16-20-3, the executive of each county shall by ordinance establish and maintain a local health department. (b) The executive of a county having a population of more than one hundred eighty-five thousand (185,000) …

County adopted after December 31, 1993, and before March 11, 1994 Sec. 2.5. A health ordinance adopted by the county executive of Tippecanoe County that: (1) was adopted after December 31, 1993, and before March 11, 1994; and (2) applies to the entire county; is legalized. As add…

Sec. 4. (a) For a county with a population of less than two hundred thousand (200,000), a local board of health is composed of seven (7) members, not more than four (4) of whom may be from the same political party. (b) For a county with a population of at least two hundred thousa…

Sec. 5. (a) For a county with a population of at least two hundred thousand (200,000), the members of a local board of health shall be chosen as follows: (1) Five (5) persons knowledgeable in clinical and public health, at least two (2) of whom are licensed physicians, and appoin…

[Pre-1993 Recodification Citations: 16-1-3.8-5(a); 16-1-3.8-7(a) part.] As added by P.L.2-1993, SEC.3. Repealed by P.L.164-2023, SEC.24.

[Pre-1993 Recodification Citation: 16-1-3.8-5(b), (c).] As added by P.L.2-1993, SEC.3. Amended by P.L.191-1995, SEC.1; P.L.170-2002, SEC.99; P.L.119-2012, SEC.126; P.L.5-2017, SEC.1; P.L.104-2022, SEC.102. Repealed by P.L.164-2023, SEC.25.

Sec. 8. A member of a local board of health may be removed by the appointing authority if the board member does any of the following: (1) Is absent from three (3) consecutive regular board meetings. (2) Is absent from four (4) regular board meetings during a calendar year. (3) Fa…

Sec. 9. Members of a local board of health may receive compensation for the performance of their duties as determined by the county fiscal body. [Pre-1993 Recodification Citation: 16-1-3.8-6.] As added by P.L.2-1993, SEC.3.

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all hospitals, rural emergency hospitals, ambulatory outpatient surgical centers, and birthing centers. (b) This chapter does not apply to a hospital operated by the federal government. (c) This chapter doe…

Sec. 10. A: (1) person; (2) state, county, or local governmental unit; or (3) division, a department, a board, or an agency of a state, county, or local governmental unit; must obtain a license from the state health commissioner under IC 4-21.5-3-5 before establishing, conducting…

Sec. 11. (a) An applicant must submit an application for a license on a form prepared by the state department showing that: (1) the applicant is of reputable and responsible character; (2) the applicant is able to comply with the minimum standards for a hospital, an ambulatory ou…

Sec. 11.5. (a) As used in this section, "construction project" means the erection, installation, alteration, repair, or remodeling of a building or structure that, when completed, will be subject to licensure as a hospital or an ambulatory outpatient surgical center under this ar…

Sec. 12. An application must be accompanied by a licensing fee at the rate adopted by the state department under IC 4-22-2. [Pre-1993 Recodification Citation: 16-10-1-9(c).] As added by P.L.2-1993, SEC.4. Amended by P.L.156-2011, SEC.14; P.L.197-2011, SEC.59.

investigation; survey; effect Sec. 13. (a) The state health commissioner: (1) may: (A) issue a license upon the application of a hospital that is not accredited by a recognized accrediting organization without further evidence; or (B) request additional information concerning the…

recognized accrediting organization of changes in state law Sec. 13.5. (a) The state department shall work with recognized accrediting organizations to identify, develop, implement, and maintain common accrediting and licensure standards. Any licensure survey must be based on: (1…

renewal Sec. 14. A license to operate a hospital, an ambulatory outpatient surgical center, a rural emergency hospital, or a birthing center: (1) expires: (A) one (1) year after the date of issuance for: (i) an ambulatory outpatient surgical center; and (ii) a birthing center; (B…

department is open Sec. 14.5. A hospital with an emergency department must have at least one (1) physician on site and on duty who is responsible for the emergency department at all times the emergency department is open. As added by P.L.190-2023, SEC.6.

beds Sec. 15. A hospital with at least one hundred (100) beds shall have on duty at all times at least one (1) physician licensed under IC 25-22.5. Implementation of this section shall be subject to rules promulgated by the state department to ensure continuous coverage by physic…

and reduction of newborn and infant abductions; prerequisites to licensure Sec. 15.4. (a) To obtain a license under this chapter, a hospital must demonstrate that the hospital has established procedures designed to reduce the likelihood of abduction of newborn babies and other in…

immunity Sec. 15.7. (a) As used in this section, "facility" includes the following: (1) A hospital licensed under this article. (2) A freestanding rehabilitation hospital. (3) A private psychiatric hospital licensed under IC 12-25. (4) An ambulatory outpatient surgical center lic…

of care; penalties; discipline Sec. 17. (a) As used in this section, "born alive" means the complete expulsion or extraction from the infant's mother, at any stage of development or gestational age, of an infant who after the expulsion or extraction: (1) breathes; (2) has a beati…

Sec. 2. The state department shall license and regulate: (1) hospitals; (2) ambulatory outpatient surgical centers; (3) birthing centers; and (4) rural emergency hospitals. [Pre-1993 Recodification Citation: 16-10-1-1.] As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.6…

Sec. 2.3. The state department shall adopt rules under IC 4-22-2 to amend rules governing hospitals to comply with federal regulations under 42 CFR 482.28 concerning food and dietetic services. As added by P.L.131-2015, SEC.1.

Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers and other facilities as specified: (1) Establish minimum license qualifications. (2) Establish the following requirements: (A) Sanitation standards. (B) Staff qual…

As added by P.L.98-2014, SEC.1. Amended by P.L.205-2018, SEC.5. Repealed by P.L.179-2022(ss), SEC.11.

Sec. 3. The state department may determine if an institution or agency is covered by this chapter. A decision of the state department under this section is subject to review under IC 4-21.5. [Pre-1993 Recodification Citation: 16-10-1-3.4.] As added by P.L.2-1993, SEC.4. Amended b…

[Pre-1993 Recodification Citation: 16-10-1-4.] As added by P.L.2-1993, SEC.4. Repealed by P.L.141-2014, SEC.6.

Sec. 5. (a) The governing board of the hospital is the supreme authority in the hospital and is responsible for the following: (1) The management, operation, and control of the hospital. (2) The appointment, reappointment, and assignment of privileges to members of the medical st…

immunity Sec. 6. (a) The governing board shall report, in writing, to the Indiana medical licensing board the results and circumstances of a final, a substantive, and an adverse disciplinary action taken by the governing board regarding a physician on the medical staff or an appl…

Sec. 7. The medical staff of a hospital is responsible to the governing board for the following: (1) The clinical and scientific work of the hospital. (2) Advice regarding professional matters and policies. (3) Review of the professional practices in the hospital for the purpose …