Title 16, HEALTH

Sec. 5. Senate enrolled act 24 of the 1993 regular session of the general assembly shall be construed as a recodification of prior health and hospital law. If the literal meaning of senate enrolled act 24 of the 1993 regular session of the general assembly would result in a subst…

Sec. 6. Subject to section 7 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in senate enrolled act 24 of the 1993 regular session of the general assembly shall be treated after the effective date of the…

Sec. 7. A citation reference in senate enrolled act 24 of the 1993 regular session of the general assembly to another provision of senate enrolled act 24 of the 1993 regular session of the general assembly shall be treated as including a reference to the provision of prior health…

Sec. 8. (a) As used in this section, "repealed statute" refers to any of the following statutes repealed by P.L.2-1993: (1) IC 13-1-2. (2) IC 13-1-7. (3) IC 13-1-8. (4) IC 13-1-9. (5) IC 13-1-13. (6) IC 16-1. (7) IC 16-2. (8) IC 16-2.5. (9) IC 16-3. (10) IC 16-4. (11) IC 16-5. (1…

Sec. 0.5. As used in this chapter, "mobile camp" has the meaning set forth in IC 8-9-10-1(a). As added by P.L.83-2007, SEC.5.

Sec. 1. The state department shall supervise the health and life of the citizens of Indiana and shall possess all powers necessary to fulfill the duties prescribed in the statutes and to bring action in the courts for the enforcement of health laws and health rules. [Pre-1993 Rec…

Sec. 10. (a) The state department may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics. (b) The state department may order a religious organization closed only if the order complies with IC 10-14-3-12.5 through IC 10-14-3-1…

Sec. 11. The state department may issue an order condemning or abating conditions causative of disease. [Pre-1993 Recodification Citation: 16-1-3-9.] As added by P.L.2-1993, SEC.2.

Sec. 12. (a) When, in the opinion of the state department: (1) a local health authority fails or refuses to enforce the laws and rules necessary to prevent and control the spread of communicable or infectious disease declared to be dangerous to the public health; or (2) a public …

Sec. 13. The state department may remove a local health officer in the state for any of the following reasons: (1) Failure to collect vital statistics. (2) Failure to obey rules. (3) Failure to keep records. (4) Failure to make reports. (5) Failure to answer letters of inquiry of…

Sec. 14. A local health officer may not be removed by the state department except under the procedure provided by law for the removal of an officer or employee for cause by a state officer or agency. [Pre-1993 Recodification Citation: 16-1-3-18.] As added by P.L.2-1993, SEC.2.…

Sec. 15. A health officer removed as provided in this chapter is ineligible to hold the position of health officer for four (4) years. The vacancy shall be filled for the unexpired term in the same manner as the original appointment or employment. [Pre-1993 Recodification Citatio…

Sec. 16. The state department may conduct hearings, issue orders, and take action on behalf of the state for the enforcement of orders as necessary to regulate the use of existing or proposed sanitary systems that do not meet or would not meet health standards established by the …

Sec. 17. Whenever a hearing is provided for or authorized to be held by the state department, the state department may request that the office of administrative law proceedings designate a person as the state department's agent or representative to administer the proceeding. The …

Sec. 18. (a) The state department may bring a proceeding against any person against whom a final order or determination has been made to compel compliance. The court in such an action has jurisdiction to enforce the order or determination by injunction. (b) Except as otherwise pr…

Sec. 19. (a) The state department shall study the vital statistics and endeavor to make intelligent and profitable use of the collected records of death and sickness among the people. (b) As required under 52 U.S.C. 21083, after January 1, 2006, the department shall provide infor…

Sec. 2. (a) The state department may provide services to support local health departments. (b) The state department or contractor of the state department may make available technical support for the following services to local health departments that provide core public health se…

Sec. 20. The state department shall provide facilities and personnel for investigation, research, and dissemination of knowledge to the public concerning oral public health. [Pre-1993 Recodification Citation: 16-1-3-11.] As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC…

Sec. 21. The state department may: (1) operate; and (2) designate local boards that qualify to operate; programs in the public interest, to provide for the care of certain individuals in each individual's place of residence. Eligibility for participation includes individuals who …

Sec. 22. (a) The state department or the state department's designee shall maintain a toll-free telephone answering service to provide information on safety precautions and emergency procedures with regard to poisons. (b) The telephone number shall be widely disseminated througho…

Sec. 23. (a) The state department shall maintain a toll-free telephone line to provide information, referral, follow-up, and personal assistance concerning federal, state, local, and private programs that provide the following: (1) Services to children less than twenty-one (21) y…

Sec. 24. The state department shall administer the Indiana acquired immune deficiency drug assistance program. [Pre-1993 Recodification Citation: 16-1-3-32.] As added by P.L.2-1993, SEC.2.

Sec. 24.5. The state department shall administer food and nutrition programs and money received under 7 U.S.C. 612, 7 U.S.C. 7501 et seq., and 42 U.S.C. 9922 et seq. As added by P.L.156-2011, SEC.10.

Sec. 25. (a) This section applies to inspections performed by the state department. (b) Except as provided in this section, until the recipient of an inspection report has had ten (10) calendar days to respond to the inspection report the state department may not release to the p…

Sec. 26. (a) The anatomical gift promotion fund is established. The fund consists of amounts distributed to the fund by the state comptroller under IC 9-18.1-3-9. (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fun…

Sec. 27. (a) The state department shall: (1) study the use of: (A) recirculation media filters; (B) aeration treatment units; (C) drip irrigation; (D) gravelless trenches; and (E) new technologies; for residential onsite sewage systems that will cause systems to perform satisfact…

Sec. 27.5. (a) As used in this section and section 27.8 of this chapter, "technology new to Indiana" (referred to in this section as "TNI") means sewage treatment or disposal methods, processes, or equipment that are not described in the administrative rules of the state departme…

Sec. 27.6. (a) As used in this section, "type of residential onsite sewage system" means an onsite sewage system that: (1) has a particular design; (2) consists of particular components; and (3) is installed or constructed in a particular way. (b) For purposes of this section, th…

Sec. 27.7. (a) Subject to subsection (b), for all rules concerning residential and nonresidential onsite sewage systems, the state department shall update: (1) all matters incorporated by reference in the rules, including all bulletins, standards, and specifications incorporated …

Sec. 27.8. (a) After June 30, 2023, a county, city, or town ordinance concerning residential onsite sewage systems that: (1) would restrict or prohibit the use of technology new to Indiana that is approved for general use in Indiana under section 27.5 of this chapter; or (2) woul…

Sec. 28. (a) The state department is the lead agency for the development, implementation, and oversight of a statewide comprehensive trauma care system to prevent injuries, save lives, and improve the care and outcome of individuals injured in Indiana. (b) The state department ma…

Sec. 29. The state department shall compile and make available for public inspection records of a coroner or designee denying recovery of an anatomical gift as described in IC 36-2-14-22.6(f) and IC 36-2-14-22.6(g). As added by P.L.147-2007, SEC.4.

Sec. 3. For the purpose of providing facilities for branch offices, the state department may, with the approval of the governor, purchase or lease real property. Structures may be remodeled, repaired, constructed, and maintained. A building may not be constructed upon property no…

Sec. 30. (a) The state department may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. (b) …

Sec. 30.5. The state department may enter into partnerships and joint ventures to encourage best practices in the following: (1) The identification and testing of populations at risk of disease related to substance use disorder. (2) The health care treatment of incarcerated indiv…

Sec. 32. (a) The state department shall employ a licensed physician as chief medical officer for the state department. (b) The chief medical officer serves as an advisor to the state health commissioner on clinical matters and may perform the functions of the commissioner when th…

Sec. 33. For purposes of IC 5-14-3-4, if an individual files a complaint under this title concerning an entity or person regulated by the state department, the state department shall keep the following information of the individual who filed the complaint confidential: (1) Name. …

Sec. 33.4. The state department may issue guidance to local health departments on this title and any rules promulgated by the state department to assist with the uniform application of public health laws in Indiana. As added by P.L.164-2023, SEC.15.

Sec. 34. (a) Before July 1, 2026, the state department or the executive board on behalf of the state department shall adopt, revise, update, or repeal rules concerning residential onsite sewage systems (as defined in IC 16-41-25-0.4) to conform with legislation enacted in the 202…

Sec. 35. (a) The state department shall do the following: (1) Cooperate with the secretary of state and the department of insurance to develop and implement a plan to collect the information described in IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(18), IC 23-0.5-2-13(a)(6), and I…

Note: This version of section amended by P.L.163-2026, SEC.6, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.217, effective 7-1-2027. Sec. 4. (a) Except as provided in IC 16-42-5.4, the executive board may, by an affirmative vote of a …

Sec. 4.3. Upon a showing of good cause, the executive board may grant a variance from one (1) or more of the state rules concerning: (1) food handling machinery; or (2) sanitary standards for the operation of food establishments. As added by P.L.266-2001, SEC.8.

Sec. 4.4. (a) The executive board shall adopt reasonable rules under IC 4-22-2 necessary to protect the health, safety, and welfare of persons living in mobile camps, including provisions relating to sanitary conditions, light, air, safety protection from fire hazards, equipment,…

Sec. 4.5. (a) As used in this section, "eyelash extensions" means strands of silk, mink, or another synthetic or natural material that are applied one (1) at a time and fixed to an individual's natural eyelashes. (b) The state department shall adopt reasonable rules to ensure the…

Sec. 7. (a) The state department may make sanitary inspections and surveys throughout Indiana and of all public buildings and institutions. (b) The state department may make indoor air quality inspections of all public buildings and institutions that are occupied by an agency of …

Sec. 9. The state department may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease. [Pre-1993 Recodification Citation: 16-1-3-7.] As added by P.L.2-1993, SEC.2.