reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 5. Fees › 16-19-5-1. Services for Which Fees May Be Collected

Sec. 1. (a) In addition to other fees provided by this title, the state department may establish and collect reasonable fees for specific services described under subsection (b) provided by the state department. The fees may not exceed the cost of services provided.
(b) Fees may be charged for the following services:
(1) Plan reviews conducted under rules adopted under IC 16-19-3-4(b)(13).
(2) Licensing of agricultural labor camps under IC 16-41-26.
(3) Services provided to persons other than governmental entities under rules adopted under IC 16-19-3-4(d).
(4) Services provided by the state health laboratory under IC 16-19-8.
(5) Services provided under IC 24-6 by the state metrology laboratory.
[Pre-1993 Recodification Citations: 16-1-3-31, Part new.]
As added by P.L.2-1993, SEC.2. Amended by P.L.80-1999, SEC.2; P.L.104-2003, SEC.4; P.L.143-2022, SEC.32.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 5. Fees › 16-19-5-3. License and Permit Fee Collections; Deposits; Expense Payments

Sec. 3. (a) All license and permit fees collected by the state department under this title shall be deposited monthly with the treasurer of state and become a part of the state general fund, unless stated otherwise.
(b) All expenses of the enforcement of this title shall be paid out of any appropriate appropriation, unless stated otherwise.
[Pre-1993 Recodification Citation: 16-1-3-25.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 5. Fees › 16-19-5-4. Weights and Measures Fund

Sec. 4. (a) The weights and measures fund is established for the purpose of providing funds for training and equipment for weights and measures inspectors and the state metrology laboratory. The state department shall administer the fund.
(b) The fund consists of fees collected under section 1(b)(5) of this chapter.
(c) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
As added by P.L.80-1999, SEC.3. Amended by P.L.32-2021, SEC.43; P.L.143-2022, SEC.34.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 6. Repealed

[Pre-1993 Recodification Citations:
16-19-6-1formerly 16-7-3-2(a)16-19-6-2formerly 16-7-3-2(b)16-19-6-3formerly 16-7-3-316-19-6-4formerly 16-7-3-416-19-6-5formerly 16-7-3-5(a)16-19-6-6formerly 16-7-3-5(c)16-19-6-7formerly 16-7-3-5(d), (f)16-19-6-8formerly 16-7-3-5(e)16-19-6-9formerly 16-7-3-716-19-6-10formerly 16-7-3-1616-19-6-11formerly 16-7-3-17.]
Repealed by P.L.143-2022, SEC.35.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 7. Division of Weights and Measures › 16-19-7-1. Creation of Division

Sec. 1. The division of weights and measures of the state department is created.
[Pre-1993 Recodification Citations: 16-1-32-1 part; 16-5-1-1 part.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 7. Division of Weights and Measures › 16-19-7-2. Rights, Powers, and Duties

Sec. 2. The division of weights and measures has all the rights, duties, and powers provided under IC 24-4-4 and IC 24-6.
[Pre-1993 Recodification Citation: 16-1-32-1 part.]
As added by P.L.2-1993, SEC.2. Amended by P.L.87-1994, SEC.6.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 7. Division of Weights and Measures › 16-19-7-3. Penalties; Compliance Orders; Proceedings

Sec. 3. (a) In addition to the other remedies provided in this chapter, the state department shall adopt a schedule of civil penalties that may be levied to enforce the provisions of either of the following:
(1) This chapter.
(2) The rules adopted under this chapter by the state department.
(b) A penalty included in the schedule of civil penalties adopted under subsection (a) may not exceed one thousand dollars ($1,000) for each violation for each day.
(c) The state department may issue an order of compliance, impose a civil penalty included in the schedule of civil penalties adopted under subsection (a), or both, against a person who:
(1) fails to comply with this chapter or a rule adopted under this chapter; or
(2) interferes with or obstructs the state department or the state department's designated agent in the performance of duties under this chapter.
(d) An order of compliance may be issued under IC 4-21.5-3-6, IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed only in a proceeding under IC 4-21.5-3-8.
(e) A proceeding commenced to impose a civil penalty may be consolidated with any other proceeding commenced to enforce this chapter or a rule adopted under this chapter.
[Pre-1993 Recodification Citation: 16-1-32-2.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 8. State Health Laboratory › 16-19-8-1. Establishment

Sec. 1. A state health laboratory is established as a division of the state department under the general control of the state department.
[Pre-1993 Recodification Citation: 16-9-3-1.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 8. State Health Laboratory › 16-19-8-2. Location; Purpose; Fees

Sec. 2. (a) The state health laboratory shall be located in Indianapolis and shall be used to:
(1) analyze foods and drugs for the purpose of enforcing the pure food and drug laws;
(2) perform sanitary analyses, pathological examinations, and studies in hygiene and preventive medicine; and
(3) support public health activities;
to aid in the enforcement of the health laws and for no other purpose.
(b) All work done in the state health laboratory must be done exclusively and entirely for the public benefit.
(c) The state department may establish fee schedules and charges for services provided by the state health laboratory.
[Pre-1993 Recodification Citation: 16-9-3-2.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.36.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 8. State Health Laboratory › 16-19-8-3. Laboratory Director; Chemist

Sec. 3. (a) For the conduct of the state health laboratory, the state department shall employ and appoint a laboratory director other than the state health commissioner.
(b) The laboratory director shall have charge of and manage the state health laboratory. The laboratory director is entitled to receive a salary established by the state department subject to approval by the budget agency. The laboratory director must be learned and skilled in bacteriology and pathology.
(c) The state department shall also employ a skilled chemist, whose salary is established by the state department subject to approval by the budget agency.
[Pre-1993 Recodification Citation: 16-9-3-3.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.37.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 9. Clinical Laboratories › 16-19-9-1. Delegation From Federal Agency

Sec. 1. The state department is the designated state agency to adopt rules under IC 4-22-2 and accept delegation from the federal Department of Health and Human Services to carry out the purposes of the Clinical Laboratory Improvement Amendments of 1988 (P.L.100-578) (42 U.S.C. 201, 263a).
[Pre-1993 Recodification Citation: 16-9-7-1(a).]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.38.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-1. Center Defined

Sec. 1. As used in this chapter, "center" refers to the state health data center established by this chapter.
[Pre-1993 Recodification Citation: 16-1-48-1.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-2. Health Data Defined

Sec. 2. As used in this chapter, "health data" means information on the following:
(1) A person's:
(A) health status;
(B) ethnicity; and
(C) gender.
(2) The cost, availability, and use of health resources and services.
The term includes vital statistics and vital records as described in this title.
[Pre-1993 Recodification Citation: 16-1-48-2.]
As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC.8.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-4. Duties

Sec. 4. The center shall do the following:
(1) Collect and process health data.
(2) Maintain statistics concerning gender and ethnicity and provide the information to the state department annually.
(3) Improve the quality, timeliness, and comparability of health statistics.
(4) Analyze and disseminate information about the health status of Indiana residents.
(5) Provide access to health data to persons who are permitted to obtain the data under this chapter.
(6) Ensure the security and protection of health data maintained by the state department.
(7) Support the goals and objectives of the Cooperative Health Statistics System established by the federal National Center for Health Statistics.
[Pre-1993 Recodification Citation: 16-1-48-4.]
As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC.9; P.L.56-2023, SEC.147; P.L.164-2023, SEC.16.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-5. Rules

Sec. 5. (a) Except as provided in subsection (b), the state department shall adopt rules under IC 4-22-2 to carry out this chapter.
(b) The state department may not adopt a rule that restricts a person's access to health data unless the right to inspect and copy that health data is specifically restricted by statute.
[Pre-1993 Recodification Citation: 16-1-48-5.]
As added by P.L.2-1993, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-6. State Department Surveys; Confidentiality

Sec. 6. (a) The state department may conduct surveys:
(1) concerning the health status of Indiana residents; and
(2) evaluating the effectiveness of the state department's programs.
(b) Information contained in a survey described in subsection (a) that identifies or could be used to determine the identity of a person responding to the survey is confidential. All other information contained in the survey is not confidential and is available for inspection and copying under IC 5-14-3.
(c) For purposes of this section, "survey" does not include data or information that is generated, collected, or transferred under IC 16-21-6-7 or IC 16-39-5-3.
As added by P.L.261-2003, SEC.14.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-6.5. Analysis of Information for Quality Improvement; Confidentiality of Information

Sec. 6.5. (a) The state department may analyze information submitted by entities regulated by the state department for quality improvement purposes.
(b) The information generated by the state department under subsection (a), including any communication about the quality improvement analysis, is confidential, and not subject to release under IC 5-14-3, except the state department may release the information to the relevant regulated entities.
As added by P.L.147-2023, SEC.5.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-7. Medical or Epidemiological Information; Form of Disclosure; Consent

Sec. 7. (a) This section does not apply to medical or epidemiological information protected from disclosure under IC 16-41-8-1 or data or information that is confidential under IC 16-21-6-7 or IC 16-39-5-3.
(b) Except as provided in subsection (c), medical or epidemiological information:
(1) collected from or volunteered by a person; and
(2) that results in or from:
(A) a public health surveillance;
(B) a public health investigation; or
(C) an epidemiological investigation or study;
may be released only in a form that protects the identity of a person whose medical or epidemiological information was obtained.
(c) Medical or epidemiological information described in subsection (b) may be released in a form that does not protect the identity of a person whose medical or epidemiological information was obtained if:
(1) the person consents in writing to the release of the person's medical or epidemiological information; or
(2) the investigation or study results in an administrative or a judicial proceeding and release of the medical or epidemiological information is ordered by, before July 1, 2020, the administrative law judge, after June 30, 2020, the administrative law judge (as defined in IC 4-21.5-1-2), or the court.
As added by P.L.261-2003, SEC.15. Amended by P.L.205-2019, SEC.18.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 10. State Health Data Center › 16-19-10-8. Counterterrorism Symptom and Health Syndrome Data Collection; Data Release

Sec. 8. (a) The state department shall support the goals and objectives of the state's counterterrorism programs by collecting data related to:
(1) symptoms; and
(2) health syndromes;
from outbreaks or suspected outbreaks of diseases or other health conditions that may be a danger to public health.
(b) A health care provider or other entity that collects data described in subsection (a) shall report to the state department in accordance with rules adopted under section 5 of this chapter.
(c) The state department shall establish reporting, monitoring, and prevention procedures for data collected under this section.
(d) Data:
(1) collected under subsection (a); or
(2) reported under subsection (b);
from which the identity of an individual may be ascertained are confidential.
(e) The state department may release data collected under this section to an Indiana nonprofit entity that performs health data services for health care providers if the state department:
(1) determines that the release is necessary as part of a response to a public health event, including an outbreak, epidemic, or pandemic; and
(2) executes a data use agreement with the entity that specifies the permitted use and disclosure of any released information.
As added by P.L.8-2004, SEC.1. Amended by P.L.130-2021, SEC.8.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 11. Repealed

[Pre-1993 Recodification Citations:
16-19-11-1formerly 16-1-3.5-116-19-11-2formerly 16-1-3.5-216-19-11-3formerly 16-1-3.5-316-19-11-4formerly 16-1-3.5-4.]
Repealed by P.L.143-2022, SEC.40.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 12. Penalties › 16-19-12-1. Violations

Sec. 1. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with the following commits a Class B misdemeanor:
IC 16-19-1
IC 16-19-2
IC 16-19-3
IC 16-19-4
IC 16-19-5
IC 16-19-7
IC 16-19-10.
(b) Each day a violation continues constitutes a separate offense.
[Pre-1993 Recodification Citation: 16-1-35-1.]
As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.41.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 13. Office of Women's Health › 16-19-13-4. Staff Appointments

Sec. 4. (a) The state health commissioner shall appoint persons to staff the office, including:
(1) the director of the office; and
(2) any other employees that the state health commissioner determines are necessary.
(b) The employees appointed under subsection (a)(2) shall report to the director.
(c) The director shall supervise the employees assigned to the office.
(d) The director shall oversee the administrative functions of the office.
As added by P.L.52-1999, SEC.3. Amended by P.L.143-2022, SEC.42.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 13. Office of Women's Health › 16-19-13-5. Advisory Committee

Sec. 5. (a) The state health commissioner shall appoint an advisory committee on women's health to assist in advising the director regarding the duties required under this chapter.
(b) The advisory committee is comprised of persons with an expertise in and a knowledge of women's health issues in Indiana.
(c) The state health commissioner shall:
(1) determine the number of persons to serve on the advisory committee;
(2) appoint a chairperson or co-chairpersons for the advisory committee; and
(3) establish the policies and procedures under which the advisory committee operates.
As added by P.L.52-1999, SEC.3.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 13. Office of Women's Health › 16-19-13-6. Repealed

As added by P.L.280-2001, SEC.13. Amended by P.L.1-2002, SEC.72; P.L.98-2004, SEC.97. Repealed by P.L.126-2006, SEC.4.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 13. Office of Women's Health › 16-19-13-8. Additional Duties

Sec. 8. In addition to performing the duties described in section 3 of this chapter, the office shall do the following:
(1) Develop and administer a program of community education, prevention, and outreach activities regarding:
(A) the health risks and emotional trauma inflicted by the practice of female genital mutilation; and
(B) informing the community of the criminal penalties for committing female genital mutilation.
(2) Develop and disseminate information to teachers and law enforcement officers regarding:
(A) female genital mutilation;
(B) recognizing the risk factors associated with female genital mutilation;
(C) recognizing the signs that an individual may be a victim of female genital mutilation; and
(D) the criminal penalties for committing female genital mutilation.
(3) Develop policies and procedures to promote partnerships between departments, agencies, and political subdivisions, including the department of child services, the office of family and social services, the department of education, and other governmental entities and nongovernmental organizations to prevent female genital mutilation and to protect and provide assistance to victims of female genital mutilation.
(4) Outline best practices for responses to victims of female genital mutilation.
(5) Develop policies and procedures for the training of providers of health services:
(A) regarding the best practices for responses to victims of female genital mutilation; and
(B) to recognize:
(i) the risk factors associated with female genital mutilation;
(ii) the signs that an individual may be a victim of female genital mutilation; and
(iii) the criminal penalties for committing female genital mutilation.
(6) Collaborate with health care practitioners of each county to obtain annual statistics concerning cases of female genital mutilation and provide the information, which includes no personal identifying information, in the annual report compiled under section 3(12) of this chapter.
As added by P.L.51-2021, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 14. Office of Minority Health › 16-19-14-2. "Minority"

Sec. 2. As used in this chapter, "minority" means an individual identified as any of the following:
(1) Black or African-American.
(2) Hispanic or Latino.
(3) Asian.
(4) American Indian.
(5) Alaska Native.
(6) Native Hawaiian and other Pacific Islander.
As added by P.L.38-2010, SEC.4.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 14. Office of Minority Health › 16-19-14-6. Appointments; Supervision

Sec. 6. (a) The state health commissioner shall appoint individuals to staff the office, including:
(1) the director of the office; and
(2) any other employees that the state health commissioner determines are necessary.
(b) The employees appointed under subsection (a)(2) shall report to the director. The director shall report to at least an appointed assistant commissioner.
(c) The director shall supervise the employees assigned to the office.
(d) The director shall oversee the administrative functions of the office.
As added by P.L.38-2010, SEC.4.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 16. Neonatal Abstinence Syndrome (Nas) › 16-19-16-1. Study of Nas Issues

Sec. 1. The state department shall meet with representatives of at least the following associations to study and make recommendations on issues concerning Neonatal Abstinence Syndrome (NAS):
(1) The Indiana Hospital Association.
(2) The Indiana Perinatal Network.
(3) The Indiana State Medical Association.
(4) The Indiana Chapter of the American Academy of Pediatrics.
(5) The Indiana Section of the American Congress of Obstetricians and Gynecologists.
(6) The Indiana Chapter of the March of Dimes.
As added by P.L.110-2014, SEC.2.
2023 Indiana Code › Title 16. Health › Article 19. State Department of Health › Chapter 16. Neonatal Abstinence Syndrome (Nas) › 16-19-16-2. Report; Pilot Program

Sec. 2. (a) Before November 1, 2014, the state department, in consultation with the persons described in section 1 of this chapter, shall report the following to the legislative council in an electronic format under IC 5-14-6 for distribution to the appropriate interim study committee:
(1) The appropriate standard clinical definition of "Neonatal Abstinence Syndrome".
(2) The development of a uniform process of identifying Neonatal Abstinence Syndrome.
(3) The estimated time and resources needed to educate hospital personnel in implementing an appropriate and uniform process for identifying Neonatal Abstinence Syndrome.
(4) The identification and review of appropriate data reporting options available for the reporting of Neonatal Abstinence Syndrome data to the state department, including recommendations for reporting of Neonatal Abstinence Syndrome using existing data reporting options or new data reporting options.
(5) The identification of whether payment methodologies for identifying Neonatal Abstinence Syndrome and the reporting of Neonatal Abstinence Syndrome data are currently available or needed.
(b) Before June 1, 2015, the state department may establish one (1) or more pilot programs with hospitals that consent to participate in the pilot programs to implement appropriate and effective models for Neonatal Abstinence Syndrome identification, data collection, and reporting determined under this chapter.
As added by P.L.110-2014, SEC.2.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-1. Application; Limited Area

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 board are limited to the area in which the officer or board serves.
[Pre-1993 Recodification Citation: 16-1-4-1.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-2. Operation as Local Government Agency

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-3. Procedural Rules

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.
[Pre-1993 Recodification Citation: 16-1-4-25.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-4. Board Organization and Officers

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.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-5. Annual Budget

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: 16-1-4-17.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-6. Offices and Equipment

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-7. Annual Report

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 purpose.
(4) Other statistics and information concerning the work of the health department that the board considers to be of general interest.
(b) The state department shall make the annual reports described in subsection (a) available to the public.
[Pre-1993 Recodification Citation: 16-1-4-20.]
As added by P.L.2-1993, SEC.3. Amended by P.L.164-2023, SEC.17.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-8. Health and Planning Services Contracts

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 private contracts are subject to approval of the county executive or city executive.
(b) A local board of health, a county executive, or a city fiscal body may contract with or purchase from any individual, organization, limited liability company, partnership, or corporation planning services considered essential to the development of an effective community health program.
[Pre-1993 Recodification Citation: 16-1-4-22.]
As added by P.L.2-1993, SEC.3. Amended by P.L.8-1993, SEC.250.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-9. Duties of Officers and Employees

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-9.5. Local Health Officer Qualifications; Training

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 IC 16-20-2-16.
(b) Beginning July 1, 2023, any individual listed in subsection (a) who is newly appointed to the position of a local health officer shall complete a public health foundation training course developed and approved by the state department.
As added by P.L.164-2023, SEC.18.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-10. Records; Minutes

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-11. Monthly Reports; Approval; Permanent Records

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 Recodification Citation: 16-1-4-6.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-13. Local Health Officer or Representative; Consultative Meetings With State Department; Expenses

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 health officer or representative must be paid out of the health fund of the county or the city where the board of health is established, in an amount determined by the local board of health.
[Pre-1993 Recodification Citation: 16-1-4-14.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-14. Personnel; Delegation of Duties on the Basis of Agent-Principal Relation; Water Well Inspections

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 the duties of the health officer delegated by the health officer, with the approval of the local board of health, on the basis of an agent-principal relation.
(c) The public health personnel of local health departments:
(1) must meet the minimum qualification requirements of the local board of health;
(2) by local ordinance, become part of the county classification system for the respective public health personnel positions; and
(3) shall perform additional duties prescribed by the rules of the state department and local board of health under the general supervision of the local health officer.
(d) If an appointee or employee of a local health officer is not a licensed water well driller under IC 25-39-3, the appointee or employee may not inspect the drilling of a water well.
[Pre-1993 Recodification Citation: 16-1-4-21.]
As added by P.L.2-1993, SEC.3. Amended by P.L.105-1999, SEC.1; P.L.121-2007, SEC.1; P.L.134-2008, SEC.9; P.L.164-2023, SEC.20.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-15. Compensation

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 provided by IC 36-2-5 or IC 36-3-6, after consideration of the recommendations of the local board of health.
[Pre-1993 Recodification Citation: 16-1-4-19 part.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-16. Salaries and Expenses; Authorized Payment

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-17. Vital Statistics; Birth and Death Records

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, the local health officer shall, by the fourth day of each month, forward the original record to the state department.
[Pre-1993 Recodification Citation: 16-1-4-4.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-18. Financial Assistance; Approval

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 of health.
[Pre-1993 Recodification Citation: 16-1-4-3.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-19. Enforcement; Appealable

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 determined by a local health department or local health officer; or
(2) a disaster emergency declared by the governor under IC 10-14-3-12;
is appealable under IC 16-20-5.5.
[Pre-1993 Recodification Citation: 16-1-4-2(a).]
As added by P.L.2-1993, SEC.3. Amended by P.L.219-2021, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-20. Proposed Rules and Ordinances; Fiscal Impact Statement

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-21. Communicable Disease Control; Powers

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 inspections to carry out this chapter and IC 16-20-8.
[Pre-1993 Recodification Citation: 16-1-4-26.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-21.3. Education Provided Before Administering Vaccine

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 maintained by the federal Centers for Disease Control and Prevention and the federal Food and Drug Administration.
(3) The Countermeasures Injury Compensation Program (42 CFR Part 110).
(4) The National Vaccine Injury Compensation Program (42 U.S.C. 300aa-10 et seq.).
As added by P.L.164-2023, SEC.21.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-21.5. Local Orders Less Stringent; Approval of Local Order if More Stringent or Addressing Declared Emergency

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 following:
(1) Except as provided in subdivision (2), the board of county commissioners for a county operating a county health department under IC 16-20-2 or participating in a multiple county health department under IC 16-20-3.
(2) The county council for a county that is subject to IC 36-2-3.5.
(3) The common council, for a city (as defined in IC 36-1-2-3) that operates a city health department under IC 16-20-4.
(d) As used in this section, "local order" refers to the health laws, ordinances, orders, rules, and regulations of a board of health under this chapter.
(e) If a local order addresses any aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order.
(f) If a local order addresses any aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows:
(1) If the local order is issued by the health department of a county, the local order must be approved by the county legislative body.
(2) If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order.
(3) If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is:
(A) approved by the mayor; or
(B) passed over the mayor's veto by a two-thirds (2/3) vote.
(g) A legislative body may approve a local order under subsection (f) at a meeting called to deal with an emergency as long as notice of the meeting is provided in accordance with IC 5-14-1.5-5(d).
As added by P.L.219-2021, SEC.4.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-22. Sanitary Inspections and Surveys of Public Buildings and Institutions

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.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-23. Inspection of Private Property by Local Health Officer; Consent by Owner; Exceptions; Court Order; Property in Which Officer Has Interest

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, investigate, evaluate, conduct tests, or take specimens or samples for testing that may be reasonably necessary to determine compliance with public health laws and rules and for the prevention and suppression of disease.
(b) A local health officer or the officer's designee shall obtain the consent of the owner or the occupant of the premises under subsection (a), except as provided in any of the following circumstances:
(1) Subject to subsection (c), the local health officer or the officer's designee obtains an order from a circuit or superior court in the jurisdiction where the premises is located to authorize the inspection, investigation, evaluation, testing, or taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and serious threat to the health of an individual or the public and the local health officer or the officer's designee believes that a delay could result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to a public place or an area in plain and open view to determine compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by the local health department at any reasonable time if reasonably necessary to determine compliance with public health laws and rules and the terms and conditions of the license.
(c) A court described in subsection (b)(1) may issue an order to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing if the court finds that the local health officer or the officer's designee, by oath or affirmation, provided reliable information establishing the violation of a public health law or rule at the premises.
(d) However, a local health officer, or the officer's designee, shall not inspect property in which the local health officer has any interest, whether real, equitable, or otherwise. Any such inspection or any attempt to make such inspection is grounds for removal as provided for in this article.
(e) This section does not prevent inspection of premises in which a local health officer has an interest if the premises cannot otherwise be inspected. If the premises cannot otherwise be inspected, the county health officer shall inspect the premises personally.
[Pre-1993 Recodification Citation: 16-1-4-9.]
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-24. Epidemic Control; Powers

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 10-14-3-12.7.
(c) An individual who takes action under this section shall comply with state laws and rules.
[Pre-1993 Recodification Citation: 16-1-4-10.]
As added by P.L.2-1993, SEC.3. Amended by P.L.99-2021, SEC.8.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-25. Unlawful Conditions; Abatement Order; Enforcement

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 jurisdiction, shall document the complaint as provided in subsection (d). Upon verifying the information contained in the complaint, the health officer shall order the abatement of those conditions. The order must:
(1) be in writing;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
(c) If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.
(d) A complaint made under subsection (b) must include adequate details to allow the health officer to verify the existence of the unlawful conditions that are the subject of the complaint. A health officer shall provide a copy of a complaint upon request to the person who is the subject of the complaint.
[Pre-1993 Recodification Citation: 16-1-4-11.]
As added by P.L.2-1993, SEC.3. Amended by P.L.97-2012, SEC.16; P.L.292-2013, SEC.10; P.L.174-2021, SEC.15.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-26. Enforcement; Approval of Legislative Body Before Filing Certain Actions; Court Action; Recipient of Enforcement Action

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 action described in IC 16-20-5.5-2(a). A local board of health or local health officer may not file an action under subsection (a) to enforce an order, citation, or administrative notice unless the appropriate legislative body under IC 16-20-5.5-1 has authorized the local board of health or local health officer to file the action.
(c) The court may take any appropriate action in a proceeding under this section, including any of the following:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing an order and conditions under IC 16-41-9.
(4) Ordering the suspension or revocation of a license.
(5) Ordering an inspection.
(6) Ordering that a property be vacated.
(7) Ordering that a structure be demolished.
(8) Imposing a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees under IC 33-37-4-2 and IC 33-37-5.
(10) Ordering the respondent to take appropriate action in a specified time to comply with the order of the local board of health or local health officer.
(11) Ordering a local board of health or local health officer to take appropriate action to enforce an order within a specified time.
(d) The county attorney in which a local board of health or local health officer has jurisdiction shall represent the local health board and local health officer in the action unless the county executive, local board of health, or health and hospital corporation employs other legal counsel or the matter has been referred through law enforcement authorities to the prosecuting attorney.
(e) A recipient of any enforcement action described in section 19(b) of this chapter may:
(1) appeal the enforcement action under IC 16-20-5.5; or
(2) bring an action directly in the circuit or superior court.
However, a recipient who brings an action directly in the circuit or superior court waives the right to appeal under IC 16-20-5.5, and any appeal under IC 16-20-5.5 that is pending at the time the recipient files an action in the circuit or superior court is dismissed by operation of law.
[Pre-1993 Recodification Citation: 16-1-4-13.]
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.2; P.L.219-2021, SEC.5.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 1. Powers and Duties of Local Health Departments › 16-20-1-27. Service Fees; Disposition

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 fees shall be accounted for and transferred to the health fund of the taxing jurisdiction.
[Pre-1993 Recodification Citation: 16-1-4-24.]
As added by P.L.2-1993, SEC.3.