reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-7. Sanitary Inspections and Surveys; Indoor Air Quality Inspections; Sanitation of Public Buildings and Institutions; Inspection of Private Property

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 state or local government.
(c) The state department may enforce all laws and rules concerning the character and location of plumbing, drainage, water supply, disposal of sewage, lighting, heating, and ventilation and all sanitary features of all public buildings and institutions.
(d) After due notice is given, the state department may enter upon and inspect private property in regard to the presence of cases of infectious and contagious diseases and the possible cause and source of diseases.
[Pre-1993 Recodification Citation: 16-1-3-6.]
As added by P.L.2-1993, SEC.2. Amended by P.L.104-2003, SEC.3; P.L.143-2022, SEC.20.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-8. Repealed

[Pre-1993 Recodification Citation: 16-1-3-10 part.]
As added by P.L.2-1993, SEC.2. Repealed by P.L.143-2022, SEC.21.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-9. Quarantine

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-10. Epidemics

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 10-14-3-12.7.
[Pre-1993 Recodification Citation: 16-1-3-8.]
As added by P.L.2-1993, SEC.2. Amended by P.L.99-2021, SEC.7.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-11. Condemnation or Abatement of Conditions Causative of Disease

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-12. Rules and Regulations; Enforcement; Local Health Officers; Removal

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 health emergency exists;
the state department may enforce the orders and rules of the state department within the territorial jurisdiction of the local health authorities. In that situation, the state department may exercise all the powers given by law to local health authorities. All expenses incurred are charges against the respective counties or cities.
(b) In such cases, the failure or refusal of any local health officer or local health board to carry out and enforce the lawful orders and rules of the state department is sufficient cause for the removal of the local health officer or the members of the local health board from office.
(c) Upon removal of a local health officer or a member of the local health board, the proper county or city authorities shall immediately appoint a successor, other than the person removed, as provided by law for original appointments.
[Pre-1993 Recodification Citation: 16-1-3-16.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-13. Local Health Officers; Removal From Office; Grounds

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 the state department concerning the health of the people.
(6) Neglect of official duty.
[Pre-1993 Recodification Citation: 16-1-3-17.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.22.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-14. Local Health Officers; Removal From Office; Procedure

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-15. Local Health Officers; Removal From Office; Ineligibility to Reappointment; Filling of Vacancy

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 Citation: 16-1-3-19.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-16. Water Pollution; Proceedings to Abate or Prevent; Regulation of Sanitary Systems

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 state department under law or rule as means, by the use of the state department's police power, to abate or prevent the pollution of streams, rivers, lakes, and other bodies of water.
[Pre-1993 Recodification Citation: 16-1-3-27.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-17. Hearings; Agent or Representative of Department

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 agent or representative selected by the office of administrative law proceedings shall administer the proceeding in the manner provided by law.
[Pre-1993 Recodification Citation: 16-1-3-21.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.23.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-18. Enforcement Proceedings; Injunction

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 provided, the state department may bring an action to enforce this title, except as otherwise stated. Such an action shall be brought in the name of the state. The court in such an action has jurisdiction to compel or enforce the provisions of this title by injunction.
[Pre-1993 Recodification Citation: 16-1-3-24.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-19. Vital Statistics Studies; Death and Sickness Records; Provision of Information to Election Division Regarding Deceased Voters

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 information to the election division to coordinate the computerized list of voters maintained under IC 3-7-26.3 with the department records concerning individuals identified as deceased under IC 3-7-45.
[Pre-1993 Recodification Citation: 16-1-3-5.]
As added by P.L.2-1993, SEC.2. Amended by P.L.209-2003, SEC.202; P.L.128-2015, SEC.237.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-20. Oral Public Health

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.5; P.L.143-2022, SEC.24.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-21. Programs for Residential Care of Certain Individuals; Eligibility; Fees

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 come within the purview of the federal Social Security Act (42 U.S.C. 301 et seq.). The state department and the designated local boards shall periodically establish a schedule of reasonable fees for this service and shall collect the fees as prescribed by IC 16-20-1-27.
[Pre-1993 Recodification Citation: 16-1-3-28.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-22. Poisons; Safety and Emergency Information; Telephone Answering Service

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 throughout Indiana and shall be manned on a twenty-four (24) hour per day basis.
(c) The telephone companies in Indiana, the state department, all hospitals, and all other boards or commissions registering or licensing health care professions or emergency medical services shall cooperate in making the toll-free telephone number available to the public.
[Pre-1993 Recodification Citation: 16-1-3-29.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.25.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-23. Health Care Programs; Telephone Information Service

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) years of age with long term health care needs.
(2) Assistance to pregnant women to obtain prenatal care and other services to promote healthy women, babies, and families.
(b) The state department shall provide the telephone service required in subsection (a) to the following:
(1) Families with children having long term health care needs.
(2) Pregnant women.
(3) Health care providers.
(4) Employees of state and local governmental entities.
(5) Educators.
(6) Other entities that provide services to children with long term health care needs.
(c) The state department may adopt rules under IC 4-22-2 to implement this section.
[Pre-1993 Recodification Citation: 16-1-3-30.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.26.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-24. Acquired Immune Deficiency Drug Assistance Program; Administration

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-24.5. Administration of Food and Nutrition Programs and Money

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-25. Inspection Report; Guidelines for Release to Public

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 public:
(1) the inspection report; or
(2) records relating to the inspection.
(c) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time stated in subsection (b) if the state department determines that the release is necessary to:
(1) protect the public from an imminent threat to health or safety;
(2) protect the consumers of health services from an imminent threat to health or safety; or
(3) protect the public from a gross deception or fraud.
(d) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time period in subsection (b):
(1) if the state department orders closure of a regulated entity; or
(2) after receipt of the regulated entity's written consent to the release of the inspection report and records relating to the inspection.
(e) With respect to a recipient of an inspection performed by the state department, the period of time described in subsection (b) begins as follows:
(1) If the inspection report is personally delivered to the recipient, on the date of delivery.
(2) If the inspection report is deposited in the United States mail, three (3) days after the date of deposit in the United States mail.
(f) After an inspection report is released under this section, the inspection report and records relating to the inspection may be inspected and copied as set forth in IC 5-14-3.
As added by P.L.190-1995, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-26. Anatomical Gift Promotion Fund; Indiana Donation Alliance Foundation and Donate Life Indiana Report

Sec. 26. (a) The anatomical gift promotion fund is established. The fund consists of amounts distributed to the fund by the auditor of state 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 fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the fund.
(c) The state department shall administer the fund. Any expenses incurred in administering the fund shall be paid from the fund.
(d) The money in the fund shall be distributed quarterly to the Indiana Donation Alliance Foundation and Donate Life Indiana for the purpose of implementing an organ, tissue, and marrow registry and to promote organ, tissue, and marrow donation. However, money in the fund may not be distributed under this subsection for any quarter of a year until the annual report for the previous year has been submitted under subsection (f).
(e) The Indiana Donation Alliance Foundation and Donate Life Indiana shall keep information regarding the identity of an individual who has indicated a desire to make an organ or tissue donation confidential.
(f) The Indiana Donation Alliance Foundation and Donate Life Indiana shall submit an annual audited report, including a list of all expenditures, to the:
(1) speaker of the house of representatives;
(2) president pro tempore of the senate;
(3) senate health and provider services committee; and
(4) house public health committee;
before February 1. The report must be in an electronic format under IC 5-14-6.
(g) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
(h) This subsection applies if the Indiana Donation Alliance Foundation or Donate Life Indiana loses its status as an organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. The Indiana Donation Alliance Foundation and Donate Life Indiana shall report in an electronic format under IC 5-14-6 to the chairpersons of the senate standing committee, as determined by the president pro tempore of the senate, and the house standing committee, as determined by the speaker of the house of representatives, that have subject matter jurisdiction over health issues. The chairpersons shall review the report and recommend to the state department whether to continue distributions under subsection (d).
As added by P.L.96-1997, SEC.3. Amended by P.L.63-2000, SEC.2; P.L.131-2001, SEC.1; P.L.81-2002, SEC.2; P.L.3-2004, SEC.1; P.L.147-2007, SEC.3; P.L.154-2012, SEC.2; P.L.86-2014, SEC.2; P.L.257-2017, SEC.44.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-27. Department Study of Septic System Technologies; Development of Plans and Specifications; Rules

Sec. 27. (a) The state department shall:
(1) study the use of:
(A) effluent filters;
(B) recirculation media filters;
(C) aeration treatment units;
(D) drip irrigation;
(E) graveless trenches; and
(F) new technologies;
for residential septic systems that will cause systems to perform satisfactorily as alternatives to currently operating systems that do not perform satisfactorily because of soil characteristics, lot sizes, topographical conditions, or high water tables; and
(2) take all actions necessary to develop plans and specifications for use of the technologies listed in subdivision (1) in residential septic systems.
(b) The executive board shall adopt reasonable rules under IC 4-22-2 to:
(1) promulgate the plans and specifications developed under subsection (a); and
(2) allow for the issuance of operating permits for:
(A) residential septic systems that are installed in compliance with the plans and specifications promulgated under subdivision (1); and
(B) onsite residential sewage discharging disposal systems in a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000) that comply with IC 13-18-12-9.
As added by P.L.172-2002, SEC.6. Amended by P.L.104-2022, SEC.99; P.L.56-2023, SEC.146.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-27.7. Process for Updating All Rules Concerning Residential Onsite Sewage Systems

Sec. 27.7. (a) Subject to subsection (b), for all rules concerning residential onsite sewage systems, the state department shall update:
(1) all matters incorporated by reference in the rules, including all bulletins, standards, and specifications incorporated by reference; and
(2) all industry standard practices reflected in the rules;
upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules.
(b) The technical review panel established under section 27.5(b) of this chapter:
(1) may recognize and notify the state department of:
(A) new bulletins, standards, and specifications; and
(B) new industry standard practices;
for the purposes of subsection (a); and
(2) must approve updates described in subsection (a) before the state department may update the rules concerning residential onsite sewage systems under subsection (a).
(c) Updates approved by the technical review panel described in subsection (b) and updated by the state department under subsection (a) are effective one hundred eighty (180) days after the publication of the updates.
(d) The technical review panel may only notify the state department of updated:
(1) matters incorporated by reference in the rules, including all bulletins, standards, and specifications incorporated by reference; and
(2) industry standard practices reflected in the rules;
for publication once every two (2) years.
(e) The state department may publish the updates described in subsection (a) not more than once every two (2) years.
As added by P.L.232-2023, SEC.5.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-27.8. Adoption Process for Local Residential Onsite Sewage System Ordinances; Removal of Unenforceable Ordinances Adopted

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) would otherwise vary from the rules concerning residential onsite sewage systems, including rules updated under section 27.7 of this chapter;
is subject to this section.
(b) After adopting an ordinance described in subsection (a), the county, city, or town must submit the ordinance to the technical review panel established under section 27.5(b) of this chapter, along with a:
(1) request for approval of the ordinance;
(2) statement of the reasons for the restriction, prohibition, or variance; and
(3) statement of financial impact.
(c) The technical review panel shall consider an ordinance submitted by a county, city, or town under subsection (b). If the technical review panel approves the ordinance by vote of a majority of its members at a public meeting, the ordinance becomes effective within the county, city, or town.
(d) An ordinance described in subsection (a) is not effective unless it is approved by the technical review panel under this section.
(e) If an ordinance described in subsection (a) was adopted before July 1, 2023, the ordinance becomes void and unenforceable on July 1, 2023.
(f) An ordinance described in subsection (a) may be readopted if:
(1) the legislative body of county, city, or town votes to adopt the ordinance after it expires on July 1, 2023; and
(2) after being readopted under subdivision (1), the ordinance is:
(A) submitted to the technical review panel under subsection (b); and
(B) approved by the technical review panel under subsection (c).
As added by P.L.232-2023, SEC.6.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-27.9. Guidelines for Submission of an Ordinance to the Technical Review Board for Adoption

Sec. 27.9. (a) An ordinance described in section 27.8(a) of this chapter may not be presented to the technical review board for adoption before October 1, 2023.
(b) This section expires January 1, 2024.
As added by P.L.232-2023, SEC.7.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-28. State Department Designated as Lead Agency of a Statewide Trauma Care System; Rulemaking Authority

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 may adopt rules under IC 4-22-2 concerning the development and implementation of the following:
(1) A state trauma registry.
(2) Standards and procedures for trauma care level designation of hospitals.
As added by P.L.155-2006, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-29. Records of Coroners Denying Anatomical Gift Recoveries

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-30. Establishment of Nonprofit Subsidiary Corporation

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) A subsidiary corporation established under this section:
(1) shall use money received under subsection (a) to carry out in any manner the purposes and programs of the state department, which may include programs intended to reduce infant mortality, increase childhood immunizations, reduce obesity, and reduce smoking rates;
(2) shall report to the budget committee each year concerning:
(A) the use of money received under subsection (a); and
(B) the balances in any accounts or funds established by the subsidiary corporation; and
(3) may deposit money received under subsection (a) in an account or fund that is:
(A) administered by the subsidiary corporation; and
(B) not part of the state treasury.
(c) A subsidiary corporation established under this section is governed by a board of directors comprised of members appointed by the governor. Employees of the state department may serve on the board of directors.
(d) Employees of the state department shall provide administrative support for a subsidiary corporation established under this section. Employees of the state department directly involved in the subsidiary corporation established under this section may engage in fundraising activities on behalf of the subsidiary corporation.
(e) The state board of accounts shall audit a subsidiary corporation established under this section.
As added by P.L.191-2013, SEC.4. Amended by P.L.181-2015, SEC.39.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-30.5. Partnerships and Joint Ventures; Substance Use Disorder

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 individuals for conditions related to substance use disorder.
As added by P.L.208-2015, SEC.6. Amended by P.L.143-2022, SEC.29; P.L.11-2023, SEC.57; P.L.147-2023, SEC.3.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-32. Chief Medical Officer; Duties

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 the commissioner is not available.
As added by P.L.143-2022, SEC.30.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-33. Confidentiality of Information of Individual Who Files Complaint

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.
(2) Address.
(3) Telephone number.
(4) Electronic mail address.
(5) Personal health information.
(6) Any other information that could identify the individual.
As added by P.L.147-2023, SEC.4.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3. Powers and Duties of State Department of Health and Executive Board › 16-19-3-33.4. Guidance to Local Health Departments

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.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.1. Controlled Substances Site Decontamination and Qualified Inspector Certification › 16-19-3.1-1. Program for Certification of Qualified Inspectors; Rules; List

Sec. 1. (a) The state department shall, in order to protect the public health, establish a program to certify individuals as qualified inspectors to perform decontamination of a site that has been contaminated by the illegal manufacture of controlled substances.
(b) The state department shall do the following concerning qualified inspectors:
(1) Adopt rules under IC 4-22-2 concerning the following:
(A) Training, testing, and certification of qualified inspectors to perform decontamination on sites that have been contaminated by the illegal manufacture of controlled substances.
(B) The inspection and remediation of sites used in the illegal manufacturing of a controlled substance.
(2) Maintain a list of individuals certified as qualified inspectors.
(3) Remove individuals who no longer meet the certification requirements from the list described in subdivision (2).
As added by P.L.111-2018, SEC.10.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.1. Controlled Substances Site Decontamination and Qualified Inspector Certification › 16-19-3.1-2. Coordination With Local Health Departments on Contaminated Sites

Sec. 2. The state department shall coordinate with, and provide assistance to, local health departments in carrying out the powers and duties under IC 16-41-20 concerning a site that has been contaminated by the illegal manufacture of controlled substances.
As added by P.L.111-2018, SEC.10.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.1. Controlled Substances Site Decontamination and Qualified Inspector Certification › 16-19-3.1-3. Issuance of Certificate of Decontamination After Remediation; Submission of Documentation

Sec. 3. (a) Upon proper remediation of a site that has been contaminated by the illegal manufacture of a controlled substance, a qualified inspector shall issue a certification of decontamination to the property owner.
(b) The property owner of a site that has been contaminated by the illegal manufacture of a controlled substance shall, after demolition or remediation of the site, submit to the state department and local health department documentation that the site has been demolished or remediated in accordance with remediation standards and rules adopted under section 4 of this chapter.
As added by P.L.111-2018, SEC.10.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.1. Controlled Substances Site Decontamination and Qualified Inspector Certification › 16-19-3.1-4. Rules

Sec. 4. (a) The state department shall adopt rules under IC 4-22-2 to carry out the purposes of this chapter.
(b) Rules adopted under this section must include the following:
(1) Remediation standards for a site that has been contaminated by the illegal manufacture of a controlled substance.
(2) The procedure for the issuance of a certification of decontamination by a qualified inspector under section 3(a) of this chapter.
(3) Requirements for the documentation of remediation required by section 3(b) of this chapter.
As added by P.L.111-2018, SEC.10.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-2.5. "Department"

Sec. 2.5. As used in this chapter, "department" refers to the department of homeland security established under IC 10-19-2-1.
As added by P.L.187-2021, SEC.50.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-3.5. "Nonresidential Onsite Sewage System"

Sec. 3.5. (a) As used in this chapter, "nonresidential onsite sewage system" means all equipment and devices necessary for proper conduction, collection, storage, treatment, and onsite disposal of sewage from a building other than a single family or two-family dwelling.
(b) The term includes all building sewers, grease traps, septic tanks, dosing tanks, absorption fields, perimeter drains, vault privies, and temporary sewage holding tanks serving one (1) of the following:
(1) An apartment building.
(2) A church or other place of worship.
(3) A commercial establishment.
(4) A condominium.
(5) A medical facility.
(6) A motel.
(7) An office building.
(8) A restaurant.
(9) A school.
As added by P.L.163-2017, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-4. "Plan Review"

Sec. 4. As used in this chapter, "plan review" means a review of plans for construction, modification, or installation of a project to determine if the plans comply with the state department's rules.
As added by P.L.49-2016, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-5. "Project"

Sec. 5. As used in this chapter, "project" means a project:
(1) that involves an improvement to real property; and
(2) for which a construction permit is required to be obtained from the state department before the start of construction, installation, or modification of improvements to the real property.
The term includes only a project for the construction of a nonresidential onsite sewage system, an agricultural labor camp, a mobile home community, a youth camp, or a campground.
As added by P.L.49-2016, SEC.1. Amended by P.L.163-2017, SEC.3.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-7. Applications for Construction Permits and Design Releases

Sec. 7. The state department shall accept an application for a construction permit that is submitted by an applicant by either of the following methods:
(1) The applicant may submit an application to the department that is a combined application for:
(A) a construction permit under this chapter; and
(B) a design release under IC 22-15-3.
(2) The applicant may submit separate applications for:
(A) a construction permit to the state department; and
(B) a design release under IC 22-15-3 to the department.
Not later than the next business day, the department shall provide a copy of the application submitted under subdivision (1) to the state department to initiate processing of the construction permit under this chapter.
As added by P.L.49-2016, SEC.1. Amended by P.L.187-2021, SEC.52.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-8. Notice Upon Receipt of Application

Sec. 8. (a) Upon receiving a complete application for a construction permit, the state department shall notify the applicant not later than the next business day of all the following:
(1) The assigned project number.
(2) Instructions on submitting any required documentation.
(3) The contact information for the person performing the plan review, including any person, entity, or local health department that is delegated a plan review as provided in section 12 of this chapter.
(b) Not later than thirty (30) business days after the date a complete application is received by the state department, the state department shall:
(1) conduct a plan review; and
(2) notify the applicant that:
(A) the plans and specifications have been approved; or
(B) a construction permit will not be issued until the applicant submits corrections to the plans or specifications.
If the plans and specifications are approved, the state department shall issue the construction permit to the applicant not later than the thirty-first business day after the application is received.
As added by P.L.49-2016, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-9. Deadlines for State Department to Provide Notice Upon Receiving Application

Sec. 9. If the state department does not notify an applicant under section 8 of this chapter within thirty (30) business days after the application is received:
(1) the application is approved as submitted; and
(2) the state department shall, not later than the thirty-first business day after the date the application is received, provide the construction permit to the applicant.
As added by P.L.49-2016, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-10. State Department Deadlines Upon Receiving Corrections

Sec. 10. (a) If the state department receives corrections to a plan in response to a notice sent under section 8(b)(2)(B) of this chapter, and any time the state department receives corrections to a notice under subdivision (2) thereafter, the state department shall do one (1) of the following:
(1) Not later than ten (10) business days, or fifteen (15) business days if agreed upon by the applicant and the state department, after receiving the corrections, send notice to the applicant that the corrected plans as submitted have been approved for a construction permit. The state department shall, not later than the next business day after the date that notice is sent to the applicant, provide the applicant with a construction permit.
(2) Not later than ten (10) business days, or fifteen (15) business days if agreed upon by the applicant and the state department, after receiving the corrections, send notice to the applicant that a construction permit will not be issued until the applicant submits additional corrections. However, if the applicant does not receive the notice within the period specified in this subdivision:
(A) the application is approved as submitted; and
(B) the state department shall, not later than the eleventh or sixteenth business day after the date that the corrections were received by the state department, whichever is applicable, provide the applicant with a construction permit.
(b) A review under this section is limited to:
(1) the corrections required by the state department under the notice sent under section 8(b)(2)(B) of this chapter or subsection (a)(2); and
(2) any revisions made to the plan that have not been reviewed, regardless of whether those revisions were requested under section 8(b)(2)(B) of this chapter or subsection (a)(2).
All other parts of a project not directly related to corrections or revisions described in subdivision (1) or (2), including previously completed corrections or revisions that the state department has already accepted, are considered approved for a construction permit and may not be included in subsequent notice requests sent under this section.
As added by P.L.49-2016, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-11. Denial Due to Noncompliance With Building or Fire Safety Rule Prohibited

Sec. 11. The state department may not deny a construction permit based upon noncompliance or suspected noncompliance with a rule adopted under the authority of the fire prevention and building safety commission established by IC 22-12-2-1.
As added by P.L.49-2016, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 3.5. Construction Permits and Plan Review › 16-19-3.5-12. Delegation of State Department Plan Review Responsibilities

Sec. 12. (a) The state department may:
(1) contract with a person to perform the state department's plan review responsibilities under this chapter; or
(2) refer the plan review to a local health department.
(b) A person, entity, or local health department under subsection (a) that performs a plan review delegated by the state department under this chapter is subject to this chapter to the same extent as the state department. If the person, entity, or local health department fails to meet the required plan review and notification deadlines under this chapter, the state department shall approve the application as submitted and issue the applicant a construction permit.
As added by P.L.49-2016, SEC.1.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-1. Commissioner as Secretary, Executive Officer, Appointing Authority, and Director

Sec. 1. (a) The state health commissioner, by virtue of the state health commissioner's office, is secretary and executive officer of the executive board.
(b) The state health commissioner is the appointing authority and director of the state department.
[Pre-1993 Recodification Citation: 16-1-2-3.]
As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.3; P.L.9-2022, SEC.25; P.L.36-2022, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-2. Commissioner; Appointment; Term; Qualifications

Sec. 2. (a) The governor shall appoint the state health commissioner, who serves at the will and pleasure of the governor.
(b) The state health commissioner must hold an unlimited license to practice medicine under IC 25-22.5. It is the intent of the general assembly that the office of the state health commissioner be held by a person who is qualified by training and experience to administer the affairs of the state department.
[Pre-1993 Recodification Citation: 16-1-2-4.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-3. Commissioner; Oath of Office

Sec. 3. The state health commissioner shall take an oath of office before exercising the authority of the office of secretary or attending to full-time duties as the state health commissioner.
[Pre-1993 Recodification Citation: 16-1-2-5(a).]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-4. Commissioner; Employed Physicians; Ethics and Conflicts of Interest; Practice of Medicine

Sec. 4. (a) The state health commissioner and any physicians employed by the state department are governed in the performance of their official duties by IC 4-2-6 and IC 35-44.1-1-4 concerning ethics and conflict of interest.
(b) To learn professional skills and to become familiar with new developments in the field of medicine, and except as provided in IC 16-42-27-2(f), the state health commissioner may, in an individual capacity as a licensed physician and not in an official capacity as state health commissioner, engage in the practice of medicine if the practice of medicine does not interfere with the performance of the state health commissioner's duties as state health commissioner.
(c) The state health commissioner may designate in writing employees in the state department who are licensed as a physician and may engage in the practice of medicine outside of their official duties.
[Pre-1993 Recodification Citation: 16-1-2-5(b).]
As added by P.L.2-1993, SEC.2. Amended by P.L.126-2012, SEC.36; P.L.6-2016, SEC.2; P.L.130-2021, SEC.4; P.L.9-2022, SEC.26.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-5. Commissioner; Employed Physicians; Practice of Medicine; Liability of State

Sec. 5. (a) This section does not apply to the prescribing, dispensing, or issuance of a standing order for an overdose intervention drug under IC 16-42-27-2.
(b) The state is not liable for any act performed by the state health commissioner or a physician employed by the state department for any medical care provided to a patient by the state health commissioner or a physician employed by the state department that is provided in an individual capacity as a licensed physician.
[Pre-1993 Recodification Citation: 16-1-2-5(c).]
As added by P.L.2-1993, SEC.2. Amended by P.L.6-2016, SEC.3; P.L.130-2021, SEC.5; P.L.9-2022, SEC.27.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-6. Commissioner; Salary

Sec. 6. The state health commissioner is entitled to receive a salary in an amount to be fixed by the governor and the state budget agency.
[Pre-1993 Recodification Citation: 16-1-2-7.]
As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.6.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-8. Divisions and Subdivisions

Sec. 8. (a) The state health commissioner may organize the personnel and functions of the state department into divisions and subdivisions to carry out the state health commissioner's powers and duties and the powers and duties of the state department.
(b) The state health commissioner may periodically consolidate, divide, or abolish divisions and subdivisions as is necessary to carry out those powers and duties.
[Pre-1993 Recodification Citation: 16-1-2-9.]
As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.7.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 4. State Health Commissioner › 16-19-4-12. Standing Order for Prescribing and Dispensing Hormonal Contraceptives; Requirements; Immunity

Sec. 12. (a) Subject to IC 25-26-25, before September 1, 2023, the state health commissioner or the commissioner's designated public health authority who is a licensed prescriber shall, as part of the individual's official capacity, issue a standing order that allows a pharmacist to prescribe and dispense a hormonal contraceptive patch (as defined in IC 25-26-25-2) and a self-administered hormonal contraceptive (as defined in IC 25-26-25-3).
(b) A standing order described in subsection (a) must comply with the requirements set forth under IC 25-26-25.
(c) The state health commissioner or designated public health authority who issues a standing order under subsection (a) is immune from civil liability related to the issuing of the standing order.
As added by P.L.154-2023, SEC.2.