Title 16, HEALTH

Sec. 5. The general assembly may, by concurrent resolution, preserve any of the background materials related to P.L.2-1993. As added by P.L.220-2011, SEC.307.

Sec. 1. The Indiana department of health is established. The department may officially be known as the Indiana department of health or the state department of health. [Pre-1993 Recodification Citation: 16-1-1-8.] As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.1; P.L.…

Sec. 2. The state department is the superior health department of the state, to which all other health boards are subordinate. [Pre-1993 Recodification Citation: 16-1-3-1.] As added by P.L.2-1993, SEC.2.

Sec. 3. The executive board of the state department may adopt an appropriate seal. [Pre-1993 Recodification Citation: 16-1-3-26.] As added by P.L.2-1993, SEC.2.

Sec. 1. (a) Powers and duties described in this chapter and IC 16-20-8 apply to all local health officers and local health boards. However, this article does not apply to a county that is subject to IC 16-22-8. (b) The powers and jurisdiction of a local health officer or local bo…

Sec. 10. The local health officer shall keep full and permanent records of the public health work of the local health department and minutes of all meetings of the board of the local health department. [Pre-1993 Recodification Citation: 16-1-4-5.] As added by P.L.2-1993, SEC.3.…

Sec. 11. The local health officer shall make a monthly report of the work done by the local health department to the board of the local health department. After the report is approved by the board, the local health officer shall make the report a permanent record. [Pre-1993 Recod…

Sec. 12. (a) This section applies to a local health department in a county where the county executive has voted to receive additional funding to provide core public health services. (b) Before July 1, 2023, the state department shall identify state level metrics for measuring the…

Sec. 13. (a) The local health officer or a representative of all county or city boards of health shall attend meetings of the state department, when requested by the state department, for consultation concerning any matter concerning public health. (b) The expenses of the local h…

Sec. 14. (a) Local health officers may, subject to approval by the county executive, hire requisite staff to complete and discharge the duties of the local health department. (b) Except as provided in subsection (d), the employees of local health departments shall perform any of …

Sec. 15. (a) The board of city health departments shall recommend and the city fiscal body shall fix the compensation of employees of the city health department. (b) The county fiscal body shall fix the compensation of the employees of county health departments, in the manner pro…

Sec. 16. The board of each local health department shall authorize payment of salaries and all other department expenses from the proper fund. [Pre-1993 Recodification Citation: 16-1-4-23.] As added by P.L.2-1993, SEC.3.

Sec. 17. (a) The local health officer shall collect, record, and report to the state department the vital statistics for the local health officer's area of jurisdiction. (b) The local health officer shall be the registrar of births and deaths. After making a birth or death record…

Sec. 18. A health officer may, on behalf of the local board of health, receive financial assistance from an individual, an organization, or the state or federal government. The financial assistance must be approved by the county executive or city fiscal body and the local board o…

Sec. 19. (a) Local health officers shall enforce the health laws, ordinances, orders, rules, and regulations of the officer's own and superior boards of health. (b) Any enforcement action taken under subsection (a) in response to: (1) a declared local public health emergency dete…

Sec. 2. A local health department shall operate as an agency of local government administratively responsible to the appropriate county or city executive. [Pre-1993 Recodification Citation: 16-1-1-7(c).] As added by P.L.2-1993, SEC.3.

Sec. 20. A proposed rule of the state department or a local board of health mandating additional or revised local services must include a general fiscal impact statement of the rule or ordinance. [Pre-1993 Recodification Citation: 16-1-4-2(b).] As added by P.L.2-1993, SEC.3.

Sec. 21. Each local health board has the responsibility and authority to take any action authorized by statute or rule of the state department to control communicable diseases. The board of each local health department or a designated representative may make sanitary and health i…

Sec. 21.3. Before administering a vaccine, a local health department must provide education on the following: (1) The immunization data registry under IC 16-38-5, including information concerning exclusion from the registry. (2) The Vaccine Adverse Event Reporting System maintain…

Sec. 21.5. (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 10-14-3. (c) As used in this section, "legislative body" means the foll…

Sec. 22. Local health officers may make sanitary inspections and surveys of all public buildings and institutions. [Pre-1993 Recodification Citation: 16-1-4-8.] As added by P.L.2-1993, SEC.3.

Sec. 23. (a) Upon: (1) showing official identification; and (2) except as provided in subsection (b), receiving consent of the owner or occupant of the premises; a local health officer or the officer's designee may enter any premises at any reasonable time and inspect, investigat…

Sec. 23.5. A local health department, including the health and hospital corporation created under IC 16-22-8, may conduct an inspection permitted under IC 16-42-1-13(b). As added by P.L.96-2026, SEC.17.

Sec. 24. (a) Local health officers may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics. (b) A local health officer may order a religious organization closed only if the order complies with IC 10-14-3-12.5 through IC 10-14-…

Sec. 25. (a) A person shall not institute, permit, or maintain any conditions that may transmit, generate, or promote disease. (b) A health officer, upon receiving a complaint asserting the existence of unlawful conditions described in subsection (a) within the officer's jurisdic…

Sec. 26. (a) Except as provided in subsection (b), a local board of health or local health officer may enforce the board's or officer's orders, citations, and administrative notices by an action in the circuit or superior court. (b) This subsection only applies to an enforcement …

Sec. 27. The board of each local health department may, with the approval of the county or city executive, establish and collect fees for specific services and records established by local ordinances and state law. However, fees may not exceed the cost of services provided. The f…

Sec. 28. (a) A local health officer may be removed only for one (1) of the following reasons: (1) A failure to perform the officer's statutory duties. (2) A failure to enforce the rules of the state department. (3) Other good cause. (b) Except as provided in IC 16-19-3-12, IC 16-…

Sec. 29. (a) The employees of a local health department under IC 16-1-5 (before its repeal), IC 16-1-6 (before its repeal), or IC 16-1-7 (before its repeal) become employees of the local health department established under IC 16-1-3.8 (before its repeal, now codified at IC 16-20-…

Sec. 3. The board of each local health department may adopt procedural rules for the board's guidance and to establish administrative and personnel policies of the local health department that are consistent with the administrative operating policy of the appointing authority. [P…

Sec. 30. (a) An individual who was an employee of a city-county health department in Allen County under IC 16-1-7-16 (before its repeal) on December 31, 1985, is entitled to the benefits relating to vacation, sick leave, insurance, and clothing allowance permitted under IC 16-1-7…

Sec. 4. The board of each local health department shall, immediately after appointment, meet and organize. The board shall elect a chairman, vice chairman, and other officers the board considers necessary. [Pre-1993 Recodification Citation: 16-1-4-15.] As added by P.L.2-1993, SEC…

Sec. 5. The board of each local health department shall submit an annual budget to the county executive, county fiscal body, and city fiscal body concerned with approval of the budget at the regular time for consideration of annual budgets. [Pre-1993 Recodification Citation: 16-1…

Sec. 6. The board of each local health department shall provide, equip, and maintain suitable offices, facilities, and appliances for the health department. [Pre-1993 Recodification Citation: 16-1-4-18.] As added by P.L.2-1993, SEC.3.

Sec. 7. (a) The board of each local health department shall submit to the state department an annual report for the previous year showing the following: (1) The amount of money received from all sources. (2) The name of any donor. (3) How all money has been expended and for what …

Sec. 8. (a) The board of each local health department may enter into contract with the state department, other local boards of health, other units of government, a private individual, or a corporation for the provision of health services within the board's jurisdiction. The priva…

Sec. 9. The board of each local health department shall prescribe the duties of all officers and employees. [Pre-1993 Recodification Citation: 16-1-4-19 part.] As added by P.L.2-1993, SEC.3.

Sec. 9.5. (a) In order to serve as the local health officer, an individual must: (1) be a physician licensed under IC 25-22.5; or (2) have at least: (A) a master's degree in public health; and (B) five (5) years of experience in public health; and be approved in accordance with I…

Sec. 10. (a) Licensure inspections of an institution or agency shall be made regularly in accordance with rules adopted under this chapter. The state department shall make all health and sanitation inspections, including inspections in response to an alleged breach of this chapte…

Sec. 7. The executive board may adopt rules under IC 4-22-2 necessary to protect the health, safety, rights, and welfare of patients, including the following: (1) Rules pertaining to the operation and management of hospitals, ambulatory outpatient surgical centers, and birthing c…

Sec. 7.1. (a) A hospital's quality assessment and improvement program under 410 IAC 15-1.4-2 must include a process for determining and reporting the occurrence of serious reportable events, as identified by the National Quality Forum. (b) The executive board may not require a ho…

Sec. 7.2. (a) The medical staff of: (1) a hospital (as described in IC 16-21-2-7); or (2) an ambulatory outpatient surgical center; may make recommendations on the granting of clinical privileges or the appointment or reappointment of an applicant to the governing board of the ho…

Sec. 9. (a) The state health commissioner may, for good cause shown, waive a rule: (1) adopted under this chapter; or (2) that may be waived under IC 16-28 for a specified time for a hospital based health facility or a hospital licensed under this article. (b) A waiver may not be…

Sec. 1. This article applies to the following: (1) Hospitals organized or established before September 2, 1971, under IC 16-12 or IC 16-12.1. (2) Hospitals organized or established under IC 16-12 or IC 16-12.1 before July 1, 1993. (3) Hospitals organized or established under this…

Sec. 1. This chapter applies to the following: (1) Each third class city that: (A) adopted IC 16-12.2-5 (before its repeal on July 1, 1993); or (B) adopts this chapter; by ordinance. (2) Each city to which IC 16-12.2-5 applied before September 1, 1981. [Pre-1993 Recodification Ci…

Sec. 10. (a) The appointments of members of the hospital governing board may not be made before the third Monday of January in the respective years and shall be made by the appointing board. (b) If the county executive in any year fails to appoint one (1) of the board's members t…