Title 16, TITLE 16. HEALTH

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 …

members; immunity Sec. 8. The members of a medical staff committee who conduct a retrospective medical review have absolute immunity from civil liability for the following: (1) Communications made in committee meetings. (2) Reports and recommendations made by the committee arisin…

of health care services not prohibited Sec. 9. This chapter does not authorize a person or a state, county, or local governmental unit, division, department, board, or agency to engage in the practice of medicine. However, this chapter does not prohibit the performance of health …

Sec. 1. (a) A county executive may establish a hospital in the following manner: (1) The county executive shall promptly determine the following: (A) The buildings and the estimated cost of the buildings needed to serve the needs of the county. (B) The method of financing the hos…

Sec. 10. (a) An individual is not prohibited from serving as a member of the governing board if the member: (1) has a pecuniary interest in; or (2) derives a profit from; a contract or purchase connected with the hospital. However, the member shall disclose the interest or profit…

Sec. 11. (a) Except as provided in section 12 of this chapter, whenever a vacancy occurs on the governing board, the existing governing board shall submit a list of the following: (1) At least one (1) but not more than three (3) candidates for each vacancy to be filled to the app…

Sec. 12. (a) This section applies to governing boards of a county hospital in a county having a population of more than: (1) sixteen thousand seven hundred (16,700) and less than nineteen thousand (19,000); (2) twenty-four thousand five hundred (24,500) and less than twenty-four …

Sec. 13. Except as otherwise required by state law, a member of an appointing authority for the governing board of a hospital established and operated under this article, except a hospital established and operated under IC 16-22-8, may not serve on the hospital's governing board.…

Sec. 2. (a) Except as otherwise provided in this article or in IC 16-12.1 (before its repeal on July 1, 1993), each hospital established under this article or IC 16-12.1 (before its repeal on July 1, 1993) must have a board of four (4) members, appointed by the county executive. …

residence limitations Sec. 3. (a) This section applies to hospitals operated under IC 16-12-1 (before its repeal on July 1, 1993). (b) The management of a hospital shall be under the control of a governing board consisting of eleven (11) members. Three (3) of the members of the g…

limitations; terms; vacancy Sec. 3.1. (a) This section applies to a hospital operated under IC 16-12-4-2 (before its repeal on July 1, 1993) that is located in a county having a population of more than forty-six thousand four hundred (46,400) and less than forty-seven thousand (4…

limitations; terms Sec. 4. (a) This section applies to the governing board of a county hospital in a county having a population of more than thirty-six thousand (36,000) and less than thirty-six thousand five hundred (36,500). (b) Subject to subsection (c), the governing board of…

limitations; terms Sec. 5. (a) This section applies to a county hospital in a county having a population of more than sixteen thousand seven hundred (16,700) and less than nineteen thousand (19,000). (b) Subject to subsection (e), the hospital and the affairs and business of the …

As added by P.L.56-1995, SEC.3. Repealed by P.L.64-1998, SEC.8.

Sec. 6. (a) This section applies to hospitals established under Acts 1917, c.144, s.1. (b) Except as provided in section 7 of this chapter, the management of the hospital shall be under the control of a governing board consisting of four (4) members appointed by the county execut…

number; qualifications; terms Sec. 7. (a) Except as provided in subsection (d), a governing board of four (4) members in existence on September 2, 1971, may petition the county executive to increase the size of the board to five (5), six (6), seven (7), eight (8), or nine (9) mem…

operating under IC 16-23-1; creation; board and association; membership; appointment; joint operation Sec. 8. (a) This section applies to a county where a city hospital is operated under IC 16-23-1. (b) A county hospital may be created by an order of the county executive without …

and reimbursements Sec. 9. (a) Each governing board member shall not more than ten (10) days after appointment and before entering on official duties take an oath to support the Constitution of the United States and the Constitution of the State of Indiana and to faithfully disch…

Sec. 1. The legislative body of a third class city may, by ordinance, create a board of governors of each hospital of the city. [Pre-1993 Recodification Citation: 16-12.2-8-1(a).] As added by P.L.2-1993, SEC.6.

Sec. 10. (a) The governing board and the board's officers may not contract any obligation or pay out any money in excess of an annual budget and appropriations made for those purposes by the fiscal body of the city, as provided by statute. (b) The board shall, before the time for…

Sec. 11. (a) The governing board may, under the name fixed by the ordinance and consistent with the terms of any donations and bequests, do the following: (1) Accept, hold, and administer donations and bequests for the hospital or hospitals. (2) Invest the money in securities tha…

Sec. 2. A board of governors must consist of not less than five (5) and not more than nine (9) members who shall be appointed by the mayor with the advice and consent of the legislative body. One (1) member of the board may be a licensed physician. The executive of the city is an…

Sec. 3. (a) The initial terms of a board of governors are as follows: (1) One-third (1/3) of the members, as near as may be, shall be appointed for terms of one (1) year. (2) One-third (1/3) of the members, shall be appointed for terms of two (2) years. (3) One-third (1/3) of the…

Sec. 4. All vacancies in the membership of the board of governors shall be filled for the unexpired term by appointment as provided in section 2 of this chapter. [Pre-1993 Recodification Citation: 16-12.2-8-1(c).] As added by P.L.2-1993, SEC.6.

Sec. 5. The members of the board of governors serve without compensation. [Pre-1993 Recodification Citation: 16-12.2-8-1(d) part.] As added by P.L.2-1993, SEC.6.

Sec. 6. Each member of the board of governors qualifies by taking an oath of office within ten (10) days after the member's appointment. The oath shall be filed in the office of the clerk-treasurer of the city. [Pre-1993 Recodification Citation: 16-12.2-8-1(d) part.] As added by …

Sec. 7. An individual is not prohibited from serving as a member of the board of governors if the member: (1) has a pecuniary interest in; or (2) derives a profit from; a contract or purchase connected with the hospital. However, the member shall disclose the interest or profit i…

Sec. 8. The board of governors has exclusive control of each hospital of the city. On the effective date of an ordinance and the appointment of the board under the ordinance, the jurisdiction of the department of health over the hospitals ceases. [Pre-1993 Recodification Citation…