Title 16, TITLE 16. HEALTH

Sec. 1.1. (a) A provider may conduct a forensic medical examination without the consent of the person who is the subject of the examination, or the consent of another person authorized to give consent under IC 16-36-1-5, if the following conditions are met: (1) The person: (A) do…

Sec. 1.5. If a sexual assault response team has not been established in a county, the prosecuting attorney shall appoint a sexual assault response team in that county, or the county shall join with one (1) or more other counties to create a regional team, to comply with duties as…

As added by P.L.97-2018, SEC.3. Expired 12-31-2019 by P.L.97-2018, SEC.3.

storage; victim notification; county plans; destruction of samples Sec. 10. (a) Law enforcement shall: (1) obtain the sample within forty-eight (48) hours after receiving a provider's notification; and (2) transport the sample to secured storage. (b) Law enforcement shall keep th…

Sec. 11. (a) Information entered into the web based claims reimbursement and sexual assault examination kit tracking system for the purposes of reimbursement to a provider for a forensic medical exam or the location of a sexual assault examination kit is confidential until the la…

Sec. 12. The following persons or entities shall provide status and storage updates, as applicable, to the division's web based claims reimbursement and sexual assault examination kit tracking system as necessary: (1) A crime lab responsible for examining or testing a sexual assa…

Sec. 2. (a) Each county or regional sexual assault response team shall develop a plan that establishes the protocol for sexual assault victim response and treatment, including the: (1) collection; (2) preservation; (3) secured storage; and (4) destruction; of samples. (b) The pla…

consent Sec. 3. A physician or sexual assault nurse examiner who provides forensic medical exams and additional forensic services shall provide the forensic medical exams and additional forensic services to an alleged sex crime victim under this chapter with the consent of the al…

exams and additional forensic services Sec. 4. The victim services division of the Indiana criminal justice institute shall assist in the development and operation of programs that provide forensic medical exams and additional forensic services to alleged sex crime victims, and i…

Sec. 5. (a) The division shall award compensation or reimbursement under this chapter for forensic medical exams. (b) The division is not required to award compensation or reimbursement under this chapter for additional forensic services unless the following conditions are met: (…

Sec. 6. (a) When a provider provides forensic medical exams and additional forensic services under this chapter to a victim, the provider shall furnish the services without charge. (b) When a provider provides additional forensic services under section 5(b) and 5(c) of this chapt…

Sec. 7. This chapter does not require a hospital to provide a service related to an abortion. [Pre-1993 Recodification Citation: 16-10-1.5-8.] As added by P.L.2-1993, SEC.4.

Sec. 9. (a) Prior to the discharge of a victim from the hospital, a provider shall: (1) require the victim to sign a form that notifies the victim of his or her rights under this chapter; (2) provide a copy of the signed form to the victim; and (3) inform law enforcement that the…

Sec. 9.5. After a forensic medical examination, an alleged sex crime victim may shower at the facility where the examination was conducted, if available, without charge. As added by P.L.36-2019, SEC.4.

Sec. 1. As used in this chapter, "administrative adjudication, decision, or order", means the administrative investigation, hearing, and determination of issues or cases applicable to a person, including the following: (1) Revocation or suspension of a license or permit. (2) Disc…

Sec. 10. (a) A vacancy occurs if a board member dies, resigns, changes residence from the county, or is impeached. (b) If a vacancy occurs or upon the expiration of a term, a member's successor shall be appointed by the authority who originally appointed the member in accordance …

Sec. 11. A board member may be impeached under the procedure provided for the impeachment of county officers. [Pre-1993 Recodification Citation: 16-12-21-5 part.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.14.

Sec. 12. An individual is not prohibited from serving as a board member if the member: (1) has a pecuniary interest in; or (2) derives a profit from; a contract or purchase connected with the corporation. However, the member shall disclose the interest or profit in writing to the…

Sec. 13. A board member is ineligible to hold an appointive office or employment under the corporation. [Pre-1993 Recodification Citation: 16-12-21-9.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.16.

compensation Sec. 14. A board member is entitled to receive one thousand two hundred dollars ($1,200) each year and the member who is chairperson is entitled to receive an additional six hundred dollars ($600) each year. These payments shall be made quarterly from funds appropria…

Sec. 15. (a) The board shall by rule provide for regular meetings to be held at a designated interval throughout the year. (b) The chairperson or a majority of the members of the board may call a special meeting. The board shall by rule establish a procedure for calling special m…

and vice chairperson; position vacancy Sec. 16. (a) The board shall hold the annual meeting the second Monday in January of each year. At the meeting, the board shall select from among the members a chairperson and vice chairperson and shall make the appointments of personnel pro…

Sec. 17. (a) A majority of the board members constitutes a quorum for a meeting. The board may act by an affirmative vote of a majority of the board. (b) The corporation shall record memoranda from the meeting as required by IC 5-14-1.5-4. [Pre-1993 Recodification Citation: 16-12…

Sec. 18. The corporation shall keep the board's documents in the office of the corporation or in an electronic format. The corporation shall record the aye and nay vote on the final passage of any item of business and on any other item if two (2) board members request that the vo…

Sec. 19. (a) The board shall adopt rules of procedure for board meetings. The board may suspend the rules of procedure by unanimous vote of the members present at the meeting. The board shall not suspend the rules of procedure beyond the duration of the meeting at which the suspe…

[Pre-1993 Recodification Citation: 16-12-21-1 part.] As added by P.L.2-1993, SEC.5. Repealed by P.L.266-2001, SEC.17.

Sec. 2.1. As used in this chapter, "board" refers to the board of a municipal corporation created under this chapter. As added by P.L.184-2005, SEC.5.

Sec. 2.3. As used in this chapter, "bond bank" means the local public improvement bond bank established pursuant to IC 5-1.4 by the city located in the county in which the corporation is established. As added by P.L.189-2018, SEC.144.

Sec. 2.5. As used in this chapter, "building authority" means the building authority established pursuant to IC 36-9-13 by the county in which the corporation is established. As added by P.L.189-2018, SEC.145.

Sec. 20. A board member may introduce a proposed ordinance at a meeting of the board. The corporation shall prepare proposed ordinances in a standardized manner. [Pre-1993 Recodification Citation: 16-12-21-13.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.23.

Sec. 21. (a) Not less than seven (7) days before a meeting considering the final passage of a proposed ordinance, the corporation shall publish a notice that the proposed ordinance is pending final action. The notice must be published one (1) time in two (2) newspapers with gener…

Sec. 22. On or before the date of notice of the introduction of a proposed ordinance, the corporation shall provide the proposed ordinance in the office of the corporation or in an electronic format for public inspection. [Pre-1993 Recodification Citation: 16-12-21-15.] As added …

Sec. 24. The board may adopt an ordinance only at a meeting open to the public. Before adopting an ordinance, any person present at the meeting may give testimony, evidence, or argument for or against the proposed ordinance in person or by counsel. The board may adopt rules conce…

Sec. 25. The board shall designate the effective date of the ordinance at the meeting at which the ordinance is adopted. [Pre-1993 Recodification Citation: 16-12-21-18.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.28.

electronic format Sec. 26. (a) The corporation shall make each ordinance the board adopts available to the public. The board shall codify, revise, rearrange, or compile adopted ordinances under IC 36-1-5-3. Ordinances adopted by the board constitute the code of the health and hos…

secretary Sec. 27. (a) The board shall appoint an executive director of the corporation who is qualified by education and experience to serve for a term of four (4) years unless sooner removed. The executive director is eligible for reappointment. The executive director must resi…

Sec. 28. (a) The board shall create the following: (1) A division of public health. (2) A division of public hospitals. (3) Other divisions the board considers necessary. (b) The division of public health shall serve as the county health department with powers and duties conferre…

Sec. 29. The corporation may enter into an agreement with a qualified person or entity to operate a hospital, medical facilities, or mental health facilities. [Pre-1993 Recodification Citation: 16-12-21-23.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.32.

Sec. 3. As used in this chapter, "division" means an administrative subdivision created by this chapter or by the board. [Pre-1993 Recodification Citation: 16-12-21-1 part.] As added by P.L.2-1993, SEC.5. Amended by P.L.184-2005, SEC.6.

Sec. 30. (a) The board shall appoint a director of the division of public health to serve for a term of four (4) years unless sooner removed for cause. The director is eligible for reappointment and serves until a successor is appointed and qualified. The director must hold a lic…

orders; petition for isolation or quarantine; venue Sec. 31. (a) The director of the division of public health has the powers, functions, and duties of a local health officer. (b) Except as provided in subsection (c), orders, citations, and administrative notices of violation iss…

local order that is more stringent or concerning a declared emergency Sec. 31.3. (a) This section applies only if the governor has declared an emergency under IC 10-14-3. (b) As used in this section, "executive order" refers to an executive order issued by the governor under IC 1…

determination of whether to hear appeal; development of appeal procedures; appellant present at hearing; written decision on appeal; appealable to court Sec. 31.5. (a) The recipient of an enforcement action taken by the division of public health through its powers, functions, and…

Sec. 31.7. (a) This section applies to a recipient of an enforcement action taken by the division of public health through its powers, functions, and duties described in section 31(a) of this chapter in response to: (1) a declared local public health emergency determined by a loc…

Sec. 32. The board shall appoint a director of the division of public hospitals to serve for a term of four (4) years unless sooner removed for cause. The director is eligible for reappointment. The director shall supervise the division of hospitals under the jurisdiction of the …

[Pre-1993 Recodification Citation: 16-12-21-27.] As added by P.L.2-1993, SEC.5. Repealed by P.L.184-2005, SEC.38.

residential property to extension of sewer main prohibited; exception if septic system is failing Sec. 34. (a) The board or corporation may do all acts necessary or reasonably incident to carrying out the purposes of this chapter, including the following: (1) As a municipal corpo…

Sec. 34.5. The corporation may enter into a group purchasing agreement to purchase medical malpractice insurance with the following: (1) One (1) or more hospitals organized or operated under this article. (2) One (1) or more hospitals organized or operated under IC 16-23. As adde…

Sec. 35. The corporation shall keep accounts and records of receipts and disbursements as prescribed by the state board of accounts. [Pre-1993 Recodification Citation: 16-12-21-29.] As added by P.L.2-1993, SEC.5. Amended by P.L.88-2006, SEC.6.

Sec. 35.5. Any information concerning the specific salaries paid to individual employees of a hospital may be withheld by the hospital from disclosure under IC 5-14-3. However, the information must be provided to the state board of accounts upon request. The state board of accoun…