reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-2. Membership; Term of Office; Vacancies

Sec. 2. (a) An area board of health consists of two (2) members from each participating county board of health, to be selected by the appropriate county executive. In addition, the health officer of each participating county and the county treasurer from the participating county with the highest population are members.
(b) Members serve for terms of two (2) years, beginning on the first day of the first month following the date of the establishment of the area board of health.
(c) Appointments to fill vacancies may be made by the county executive of the county where the vacancy exists.
[Pre-1993 Recodification Citation: 16-1-7.5-2.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-3. Meetings

Sec. 3. An area board of health shall meet at the call of the chairman, with the first meeting to be held during the first month following the date of establishment of the board.
[Pre-1993 Recodification Citation: 16-1-7.5-3 part.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-4. Officers

Sec. 4. At the first meeting and annually thereafter, the area board of health shall elect a chairman and a vice chairman. One (1) of the health officers shall be designated to serve as secretary. The county treasurer member serves as treasurer of the board.
[Pre-1993 Recodification Citation: 16-1-7.5-3 part.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-5. Boundaries; Hearings; Notice

Sec. 5. (a) An area board of health and the trustees of the multiple county sewer, water, wastewater, or similar district shall jointly establish boundary lines, which may not exceed the boundaries of the district, for a special uniform inspection and enforcement area.
(b) The area board of health shall publish notice of a hearing regarding the establishment of the area in at least two (2) newspapers of general circulation in each member county. The notice must inform the public of the public's right to appear and provide evidence on the matter.
[Pre-1993 Recodification Citation: 16-1-7.5-4.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-6. Powers and Duties

Sec. 6. To carry out the purposes of this chapter, the area board of health may do the following:
(1) Adopt and enforce ordinances consistent with state law.
(2) Employ qualified individuals or utilize existing qualified employees to perform inspection and enforcement duties.
(3) Accept financial or in kind assistance from the state department, the department of environmental management, or any other source.
(4) Collect fees.
(5) Issue permits, after written agreement of the department of environmental management has been obtained.
(6) Enter into contracts.
(7) Adopt rules under IC 4-22-2 necessary to establish administrative policies and procedures.
[Pre-1993 Recodification Citation: 16-1-7.5-5.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-7. Annual Budget; Proration of Costs; Payment of Expenses

Sec. 7. (a) An area board of health shall prepare an annual budget and submit the budget to the county fiscal body of each participating county for review and approval.
(b) Each county fiscal body shall appropriate that county's proportionate share of the costs to be incurred by the area board of health. Each county's proportionate share shall be based on that county's percentage of the population of the entire district.
(c) Money appropriated by each participating county shall be remitted to the treasurer of the area board of health. Transfer of funds from each participating county shall be made by claim allowed by the appropriate county executive. Expenses of the area board of health shall be paid only after claims have been allowed by the area board of health.
[Pre-1993 Recodification Citation: 16-1-7.5-6.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5. Area Boards of Health › 16-20-5-8. Fees and Fines; Collection; Records

Sec. 8. Fees and fines collected by the area board of health shall be collected by a person designated by the area board of health. Accurate records shall be kept of all fees and fines collected.
[Pre-1993 Recodification Citation: 16-1-7.5-7.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5.5. Appeal of Local Health Enforcement Actions › 16-20-5.5-1. "Legislative Body"

Sec. 1. As used in this chapter, "legislative body" means the following:
(1) Except as provided in subdivision (2):
(A) the board of county commissioners, for a county that operates a local board of health under IC 16-20-2; or
(B) the board of county commissioners in the county where the person or property that is the subject of the enforcement action is located, if the county participates 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.
As added by P.L.219-2021, SEC.10.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5.5. Appeal of Local Health Enforcement Actions › 16-20-5.5-2. Appeal of Enforcement Action to Legislative Body; Filing Requirements

Sec. 2. (a) A recipient may appeal to the legislative body an enforcement action issued or taken by a local board of health or local health officer under IC 16-20-1 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;
in a manner prescribed by the legislative body.
(b) In order to make an appeal under this chapter, the recipient of the enforcement action must file the appeal with the legislative body not later than seven (7) days from the issuance of the enforcement action. Upon the proper filing of an appeal under this section by a recipient, the legislative body may stay the enforcement action until final disposition of the appeal.
As added by P.L.219-2021, SEC.10.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5.5. Appeal of Local Health Enforcement Actions › 16-20-5.5-3. Determination by Legislative Body Whether to Hear Appeal; Development of Procedures; Timing

Sec. 3. (a) The legislative body shall determine whether to hear an appeal filed under section 2 of this chapter not later than fifteen (15) days from the filing of the appeal and may issue a denial of an appeal at any time after the filing of the appeal. Any appeal granted consideration by the legislative body must be heard at a public meeting of the legislative body held not later than fifteen (15) days after the date that the legislative body determines to hear the appeal.
(b) The legislative body shall develop procedures for the review, consideration, and hearing of an appeal filed under this chapter. The procedures must include the following:
(1) Standards for evaluating an enforcement action appealed under this chapter.
(2) A procedure for consolidating appeals if there are at least two (2) appeals filed:
(A) from the same order; or
(B) involving a common question of law and fact.
(3) Written notice to the appellant and the local board of health or local health officer that issued the enforcement action of the appeal of that action, and the date, time, and location of any hearing concerning the appeal.
(4) Procedures for the sharing of information between parties and the legislative body concerning the circumstances resulting in the enforcement action.
(5) The order of the proceedings.
(6) The issuance of a ruling on the appeal following the public hearing by the legislative body not later than fifteen (15) days from the date of the hearing.
(7) The maintenance of records concerning a request for appeal and any documentation resulting from the investigation and hearing of the appeal.
(c) The following apply unless the legislative body has, not later than fifteen (15) days after the filing of the appeal, placed the appeal on the agenda for a meeting of the legislative body:
(1) The appeal is considered denied.
(2) The legislative body shall inform the person that filed the appeal in writing that the appeal will not be heard and is considered denied.
(3) The considered denial of the appeal is a final disposition of the appeal.
As added by P.L.219-2021, SEC.10.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5.5. Appeal of Local Health Enforcement Actions › 16-20-5.5-4. Appellant Present at Hearing; Continuance Does Not Affect Timing Requirements

Sec. 4. The appellant, or a representative of the appellant, must be present at a hearing conducted by the legislative body. The failure of the local board of health or local health officer that issued the enforcement action to be present is not a cause for postponement of the hearing unless the local board of health or local health officer requests and is granted a continuance. The granting of a continuance does not modify any time requirements under this chapter.
As added by P.L.219-2021, SEC.10.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 5.5. Appeal of Local Health Enforcement Actions › 16-20-5.5-5. Issuance of Written Decision for Appeal; Appealable

Sec. 5. (a) The legislative body shall issue a written decision for any appeal that receives a hearing under this chapter. The written decision must appear in the written records of the legislative body.
(b) A decision under this section is appealable to a circuit or superior court with jurisdiction in the county.
(c) If an appeal is denied by the legislative body or is ruled in favor of the local board of health or local health officer, the enforcement actions under IC 16-20-1-26 apply.
As added by P.L.219-2021, SEC.10.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 6. Acceptance of Gifts for County or City Health Department Buildings › 16-20-6-1. Authority to Accept Gifts to Erect and Equip Building; Use

Sec. 1. (a) The executive of a county or the fiscal body of a city may accept gifts, devises, and bequests, in trust or otherwise, for the purpose of erecting and equipping a suitable building for the county or city health department.
(b) The building may contain the offices of local health officers, local boards of health, and other facilities and equipment that will serve to promote the efficient operation of local health boards and officers and best serve the community's public health administration.
[Pre-1993 Recodification Citation: 16-1-5.1-1.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 6. Acceptance of Gifts for County or City Health Department Buildings › 16-20-6-2. Form of Gift; Conversion Into Cash; Separate Account for Proceeds

Sec. 2. (a) The gifts, devises, and bequests accepted under this chapter may be in the form of cash or real, personal, or mixed property that, in accordance with the terms of a gift, devise, or bequest, may be converted into cash by the county executive or city fiscal body as follows:
(1) If real property, by sale as county and city real property may be sold.
(2) If personal property, by sale at private sale through the office of auditor, clerk, or clerk-treasurer, upon two (2) weeks publication of notice.
(b) The sale may be continued from day to day and shall be approved by the county executive or city fiscal body before the execution of a bill of sale. The auditor, clerk, or clerk-treasurer may execute bills of sale.
(c) Revenues realized from the gifts, devises, and bequests must be kept in a separate account for the purposes specified in this chapter. However, the account may not be permitted to exceed one dollar and fifty cents ($1.50) per capita of the population of the county or city.
[Pre-1993 Recodification Citation: 16-1-5.1-2.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 6. Acceptance of Gifts for County or City Health Department Buildings › 16-20-6-3. Construction and Equipment of Building

Sec. 3. Upon the accumulation of a sufficient amount to construct and equip a building for the county or city health department as provided in this chapter, the county executive or city fiscal body may, after consultation with local health boards and officers and after approval of plans and specifications by the state department, provide for the construction and equipment of the building.
[Pre-1993 Recodification Citation: 16-1-5.1-3 part.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 6. Acceptance of Gifts for County or City Health Department Buildings › 16-20-6-4. Real Property Acquisition; Surplus Funds; Tax for Maintenance

Sec. 4. (a) Real property and easements or appurtenances may be acquired by any of the following methods:
(1) Gift as provided in section 1 of this chapter.
(2) Purchase with money accepted for that purpose.
(3) Condemnation proceedings as prescribed by statute.
(b) Upon condemnation, all damages must be paid from the money accepted as provided in section 1 of this chapter. All money remaining in the account after the construction and equipment of the building may be used for the maintenance of the building. The county or city may levy a tax sufficient to maintain the buildings when constructed as provided in this chapter.
[Pre-1993 Recodification Citation: 16-1-5.1-3 part.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 6. Acceptance of Gifts for County or City Health Department Buildings › 16-20-6-5. Alternative Use for Gifts if Insufficient for Building

Sec. 5. A gift, grant, or conveyance made under this chapter is upon the implied condition that if sufficient money is not available within ten (10) years of the acceptance of the gift, grant, or conveyance, the property or the proceeds from the property, may be used by the county or city, with the approval of the court having probate jurisdiction in the county, for a purpose that will promote the general health of the people of the county or city.
[Pre-1993 Recodification Citation: 16-1-5.1-4.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 7. Assistance by Cities and Counties to Public Health Nursing Associations › 16-20-7-1. Appropriations Authorized

Sec. 1. A city or county may appropriate money out of the general fund of the city or county to assist incorporated public health nursing associations, organized and operated not-for-profit and solely for the promotion of public health and the suppression of disease, in carrying on the work of the public health nursing associations within the city or county.
[Pre-1993 Recodification Citation: 16-1-5.5-1.]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 7. Assistance by Cities and Counties to Public Health Nursing Associations › 16-20-7-2. Limitations on Appropriations

Sec. 2. The amount appropriated under section 1 of this chapter may not exceed the amount that could be collected from annually levying a tax on each one hundred dollars ($100) valuation of taxable property in the city or county as follows:
(1) For a city, one and sixty-seven hundredths cents ($0.0167).
(2) For a county, thirty-three hundredths of one cent ($0.0033).
[Pre-1993 Recodification Citation: 16-1-5.5-2.]
As added by P.L.2-1993, SEC.3. Amended by P.L.6-1997, SEC.166.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-1. "Checklist" Defined

Sec. 1. As used in this chapter, "checklist" refers to a food service establishment inspection report checklist form prepared by the state department.
[Pre-1993 Recodification Citation: 16-1-4-8.5(a).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-2. "Narrative Report" Defined

Sec. 2. As used in this chapter, "narrative report" refers to a food service establishment inspection report narrative form prepared by the state department.
[Pre-1993 Recodification Citation: 16-1-4-8.5(b).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-3. Checklist Explaining Narrative Report

Sec. 3. Whenever an authorized representative of a local health department or the state department uses a checklist, the representative must complete a narrative report that explains the checklist.
[Pre-1993 Recodification Citation: 16-1-4-8.5(c).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-4. Narrative Report; Time for Completion

Sec. 4. The narrative report required under this chapter must be completed at the same time the checklist is completed.
[Pre-1993 Recodification Citation: 16-1-4-8.5(d).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-5. Inspection Report Review; Written Response

Sec. 5. Except as provided in section 8 of this chapter, a food service establishment that is the subject of inspection reports such as checklists or narrative reports must have an opportunity to review the reports and submit to the local health department a written response to the reports. If a written response is submitted to the local health department:
(1) within the time stated for abatement of the alleged violations; or
(2) within ten (10) calendar days after the completion of the inspection reports;
whichever is earlier, the written response must be attached to and becomes part of the inspection reports.
[Pre-1993 Recodification Citation: 16-1-4-8.5(e).]
As added by P.L.2-1993, SEC.3. Amended by P.L.190-1995, SEC.2.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-6. Inspection and Copying of Documents

Sec. 6. After the checklist, the narrative report, and the written response are completed, the checklist, the narrative report, and the written response may be inspected and copied under IC 5-14-3.
[Pre-1993 Recodification Citation: 16-1-4-8.5(f).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-7. Inspection and Copying of Checklist and Narrative Report in Absence of Written Response

Sec. 7. If a written response is not submitted within the time described in section 5 of this chapter, the checklist and the narrative report may be inspected and copied under IC 5-14-3 immediately after the expiration of that period of time.
[Pre-1993 Recodification Citation: 16-1-4-8.5(g).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-8. Immediate Inspection and Copying of Checklist and Narrative Report; Conditions

Sec. 8. Notwithstanding sections 6 and 7 of this chapter, the checklist, the narrative report, and the related public records may upon completion be inspected and copied under IC 5-14-3 if a local health department takes any of the following actions with respect to a food service establishment that is the subject of the records:
(1) Schedules a hearing by the local health department or a designee.
(2) Orders closure.
(3) Requests revocation of a permit.
(4) Finds the existence of an imminent danger to public health or a gross deception of or fraud upon the consumer.
[Pre-1993 Recodification Citation: 16-1-4-8.5(h).]
As added by P.L.2-1993, SEC.3. Amended by P.L.190-1995, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 8. Food Service Inspections › 16-20-8-9. Forms

Sec. 9. The state department shall provide to local health departments the forms used under this chapter.
[Pre-1993 Recodification Citation: 16-1-4-8.5(i).]
As added by P.L.2-1993, SEC.3.
2023 Indiana Code › Title 16. Health › Article 20. Local Health Departments › Chapter 9. Penalties › 16-20-9-1. Violations

Sec. 1. (a) Except as otherwise provided, a person who recklessly violates or fails to comply with this article commits a Class B misdemeanor.
(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.3.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-1. Repealed

[Pre-1993 Recodification Citation: 16-10-1-3(a), (b), (e).]
As added by P.L.2-1993, SEC.4. Amended by P.L.13-2000, SEC.1; P.L.145-2006, SEC.132. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-2. Repealed

[Pre-1993 Recodification Citation: 16-10-1-3(c).]
As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-3. Repealed

[Pre-1993 Recodification Citation: 16-10-1-3(d).]
As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-4. Repealed

[Pre-1993 Recodification Citation: 16-10-1-5 part.]
As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-5. Repealed

[Pre-1993 Recodification Citation: 16-10-1-5 part.]
As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-6. Repealed

[Pre-1993 Recodification Citation: 16-10-1-3.2.]
As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-7. Rules

Sec. 7. The executive board may adopt rules under IC 4-22-2 necessary to protect the health, safety, rights, and welfare of patients, including the following:
(1) Rules pertaining to the operation and management of hospitals, ambulatory outpatient surgical centers, and birthing centers.
(2) Rules establishing standards for equipment, facilities, and staffing required for efficient and quality care of patients.
[Pre-1993 Recodification Citation: 16-10-1-10.3.]
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.4; P.L.141-2014, SEC.4; P.L.117-2019, SEC.1; P.L.246-2019, SEC.6; P.L.264-2019, SEC.4; P.L.179-2022(ss), SEC.7.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-7.1. Quality Assessment and Improvement Program; Serious Reportable Events

Sec. 7.1. (a) A hospital's quality assessment and improvement program under 410 IAC 15-1.4-2 must include a process for determining and reporting the occurrence of serious reportable events, as identified by the National Quality Forum.
(b) The executive board may not require a hospital's quality assessment and improvement program to determine and report any other types of events that are not described in subsection (a).
(c) The executive board may adopt rules under IC 4-22-2 to implement this section.
As added by P.L.190-2023, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-7.2. Recommendations; Clinical Privileges; Appointment of Applicant to Governing Board

Sec. 7.2. (a) The medical staff (as described in IC 16-21-2-7) may make recommendations on the granting of clinical privileges or the appointment or reappointment of an applicant to the governing board of the hospital for a period not to exceed thirty-six (36) months.
(b) The executive board may adopt rules under IC 4-22-2 to implement this section.
As added by P.L.190-2023, SEC.5.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-8. Repealed

[Pre-1993 Recodification Citation: 16-10-1-12(a).]
As added by P.L.2-1993, SEC.4. Repealed by P.L.156-2011, SEC.41; P.L.197-2011, SEC.153.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-9. Waiver of Rules

Sec. 9. (a) The state health commissioner may, for good cause shown, waive a rule:
(1) adopted under this chapter; or
(2) that may be waived under IC 16-28 for a specified time for a hospital based health facility or a hospital licensed under this article.
(b) A waiver may not be granted unless the requesting party affirmatively demonstrates that the waiver will not adversely affect or increase any risk to the health, safety, or welfare of existing or potential residents or patients.
[Pre-1993 Recodification Citation: 16-10-1-12(b).]
As added by P.L.2-1993, SEC.4. Amended by P.L.156-2011, SEC.12; P.L.197-2011, SEC.57; P.L.92-2015, SEC.3.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 1. Hospital Council › 16-21-1-10. Licensure Inspections; Disclosure of Inspection Date; Penalties; Reports; Release of Records to Public

Sec. 10. (a) Licensure inspections of an institution or agency shall be made regularly in accordance with rules adopted under this chapter. The state department shall make all health and sanitation inspections, including inspections in response to an alleged breach of this chapter or rules adopted under this chapter. The department of homeland security shall make all fire safety inspections.
(b) An employee of the state department who knowingly or intentionally informs an institution or agency of the exact date of an unannounced inspection shall be suspended without pay for five (5) days for a first offense and shall be dismissed for a subsequent offense.
(c) Reports of all inspections must be in writing and sent to the institution or agency.
(d) The report of an inspection and records relating to the inspection may not be released to the public until the conditions set forth in IC 16-19-3-25 are satisfied.
[Pre-1993 Recodification Citation: 16-10-1-13.1.]
As added by P.L.2-1993, SEC.4. Amended by P.L.190-1995, SEC.4; P.L.1-2006, SEC.295; P.L.141-2014, SEC.5; P.L.187-2021, SEC.53.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-1. Applicability

Sec. 1. (a) Except as provided in subsection (b), this chapter applies to all hospitals, rural emergency hospitals, ambulatory outpatient surgical centers, and birthing centers.
(b) This chapter does not apply to a hospital operated by the federal government.
(c) This chapter does not affect a statute pertaining to the placement and adoption of children.
[Pre-1993 Recodification Citations: 16-10-1-7; 16-10-1-15.]
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.5; P.L.179-2022(ss), SEC.8; P.L.147-2023, SEC.6.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-2. Licensure and Regulation of Entities

Sec. 2. The state department shall license and regulate:
(1) hospitals;
(2) ambulatory outpatient surgical centers;
(3) birthing centers; and
(4) rural emergency hospitals.
[Pre-1993 Recodification Citation: 16-10-1-1.]
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.6; P.L.179-2022(ss), SEC.9; P.L.147-2023, SEC.7.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-2.3. Adoption of Rules Concerning Food and Dietetic Services

Sec. 2.3. The state department shall adopt rules under IC 4-22-2 to amend rules governing hospitals to comply with federal regulations under 42 CFR 482.28 concerning food and dietetic services.
As added by P.L.131-2015, SEC.1.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-2.5. Adoption of Rules Concerning Birthing Centers; Penalties

Sec. 2.5. (a) The state department shall adopt rules under IC 4-22-2 to do the following concerning birthing centers and other facilities as specified:
(1) Establish minimum license qualifications.
(2) Establish the following requirements:
(A) Sanitation standards.
(B) Staff qualifications.
(C) Necessary emergency equipment.
(D) Procedures to provide emergency care.
(E) Procedures to monitor patients after the administration of anesthesia.
(F) Procedures to provide follow-up care for patient complications.
(G) Quality assurance standards.
(H) Infection control.
(I) Provision of informed consent brochures, as described in IC 16-34-2-1.5, to hospitals and ambulatory outpatient surgical centers in English, Spanish, and a third language determined by the state department.
(J) Provision of a hotline telephone number that provides assistance for patients who are:
(i) coerced into an abortion; or
(ii) victims of sex trafficking.
(K) Annual training by law enforcement officers on identifying and assisting women who are:
(i) coerced into an abortion; or
(ii) victims of sex trafficking.
(3) Prescribe the operating policies, supervision, and maintenance of medical records, including the requirement that all forms that require a patient signature be stored in the patient's medical record.
(4) Establish procedures for the issuance, renewal, denial, and revocation of licenses under this chapter. The rules adopted under this subsection must address the following:
(A) The form and content of the license.
(B) The collection of an annual license fee.
(5) Prescribe the procedures and standards for inspections.
(6) Prescribe procedures for:
(A) implementing a plan of correction to address any violations of any provision of this chapter or any rules adopted under this chapter; and
(B) implementing a system for the state department to follow if the birthing center fails to comply with the plan of correction described in clause (A) and disciplinary action is needed.
(b) A person who knowingly or intentionally:
(1) operates a birthing center that is not licensed under this chapter; or
(2) advertises the operation of a birthing center that is not licensed under this chapter;
commits a Class A misdemeanor.
As added by P.L.96-2005, SEC.7. Amended by P.L.136-2013, SEC.4; P.L.92-2015, SEC.4; P.L.173-2017, SEC.2; P.L.205-2018, SEC.4; P.L.179-2022(ss), SEC.10.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-3. Determination of Coverage of Chapter; Review

Sec. 3. The state department may determine if an institution or agency is covered by this chapter. A decision of the state department under this section is subject to review under IC 4-21.5.
[Pre-1993 Recodification Citation: 16-10-1-3.4.]
As added by P.L.2-1993, SEC.4. Amended by P.L.156-2011, SEC.13; P.L.197-2011, SEC.58.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-5. Hospital Governing Board; Responsibilities

Sec. 5. (a) The governing board of the hospital is the supreme authority in the hospital and is responsible for the following:
(1) The management, operation, and control of the hospital.
(2) The appointment, reappointment, and assignment of privileges to members of the medical staff, with the advice and recommendations of the medical staff, consistent with the individual training, experience, and other qualifications of the medical staff.
(3) Establishing requirements for appointments to and continued service on the hospital's medical staff, consistent with the appointee's individual training, experience, and other qualifications, including the following requirements:
(A) Proof that a medical staff member has qualified as a health care provider under IC 16-18-2-163(a).
(B) The performance of patient care and related duties in a manner that is not disruptive to the delivery of quality medical care in the hospital setting.
(C) Standards of quality medical care that recognize the efficient and effective utilization of hospital resources, developed by the medical staff.
(4) Upon recommendation of the medical staff, establishing protocols within the requirements of this chapter and 410 IAC 15-1.2-1 for the admission, treatment, and care of patients with extended lengths of stay.
(b) The protocols established under subsection (a)(4) must provide that:
(1) a patient's attending physician or the physician's designee must sign an order when the patient needs ambulance services other than emergency ambulance services; and
(2) the order signed by a patient's physician or the physician's designee under subdivision (1) must state:
(A) the level of ambulance service needed for the patient; and
(B) the condition or diagnosis of the patient that makes the transportation of the patient by ambulance necessary.
[Pre-1993 Recodification Citation: 16-10-1-6.5(a).]
As added by P.L.2-1993, SEC.4. Amended by P.L.162-1999, SEC.5; P.L.170-2022, SEC.22.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-6. Hospital Governing Board; Disciplinary Actions; Reports; Immunity

Sec. 6. (a) The governing board shall report, in writing, to the Indiana medical licensing board the results and circumstances of a final, a substantive, and an adverse disciplinary action taken by the governing board regarding a physician on the medical staff or an applicant for the medical staff if the action results in voluntary or involuntary resignation, termination, nonappointment, revocation, or significant reduction of clinical privileges or staff membership. The report shall not be made for nondisciplinary resignations or for minor disciplinary action.
(b) The governing board and the governing board's employees, agents, consultants, and attorneys have absolute immunity from civil liability for communications, discussions, actions taken, and reports made concerning disciplinary action or investigation taken or contemplated if the reports or actions are made in good faith and without malice.
[Pre-1993 Recodification Citation: 16-10-1-6.5(b).]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-7. Medical Staff; Responsibilities

Sec. 7. The medical staff of a hospital is responsible to the governing board for the following:
(1) The clinical and scientific work of the hospital.
(2) Advice regarding professional matters and policies.
(3) Review of the professional practices in the hospital for the purpose of reducing morbidity and mortality and for the improvement of the care of patients in the hospital, including the following:
(A) The quality and necessity of care provided.
(B) The preventability of complications and deaths occurring in the hospital.
[Pre-1993 Recodification Citation: 16-10-1-6.5(c).]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-8. Retrospective Medical Review; Medical Staff Committee Members; Immunity

Sec. 8. The members of a medical staff committee who conduct a retrospective medical review have absolute immunity from civil liability for the following:
(1) Communications made in committee meetings.
(2) Reports and recommendations made by the committee arising from deliberations by the committee to the governing board of the hospital or another duly authorized medical staff committee.
[Pre-1993 Recodification Citation: 16-10-1-6.5(d).]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-9. Practice of Medicine Not Authorized by Chapter; Performance of Health Care Services Not Prohibited

Sec. 9. This chapter does not authorize a person or a state, county, or local governmental unit, division, department, board, or agency to engage in the practice of medicine. However, this chapter does not prohibit the performance of health care services by a hospital employee in a hospital when that performance is delegated or ordered by a licensed health practitioner if the services performed are within the practitioner's scope of practice.
[Pre-1993 Recodification Citation: 16-10-1-8.]
As added by P.L.2-1993, SEC.4.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-10. Necessity of License

Sec. 10. A:
(1) person;
(2) state, county, or local governmental unit; or
(3) division, a department, a board, or an agency of a state, county, or local governmental unit;
must obtain a license from the state health commissioner under IC 4-21.5-3-5 before establishing, conducting, operating, or maintaining a hospital, an ambulatory outpatient surgical center, or a birthing center.
[Pre-1993 Recodification Citation: 16-10-1-9(a).]
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.8; P.L.179-2022(ss), SEC.12.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-11. License Form and Information; Tax Warrant List

Sec. 11. (a) An applicant must submit an application for a license on a form prepared by the state department showing that:
(1) the applicant is of reputable and responsible character;
(2) the applicant is able to comply with the minimum standards for a hospital, an ambulatory outpatient surgical center, or a birthing center, and with rules adopted under this chapter; and
(3) the applicant has complied with section 15.4 of this chapter.
(b) The application must contain the following additional information:
(1) The name of the applicant.
(2) The type of institution to be operated.
(3) The location of the institution.
(4) The name of the person to be in charge of the institution.
(5) If the applicant is a hospital, the range and types of services to be provided under the general hospital license, including any service that would otherwise require licensure by the state department under the authority of IC 16-19.
(6) Other information the state department requires.
(c) If the department of state revenue notifies the state department that a person is on the most recent tax warrant list, the state department shall not issue or renew the person's license until:
(1) the person provides to the state department a statement from the department of state revenue that the person's tax warrant has been satisfied; or
(2) the state department receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k).
[Pre-1993 Recodification Citation: 16-10-1-9(b).]
As added by P.L.2-1993, SEC.4. Amended by P.L.12-1994, SEC.10; P.L.162-1999, SEC.6; P.L.96-2005, SEC.9; P.L.172-2011, SEC.114; P.L.205-2018, SEC.6; P.L.179-2022(ss), SEC.13; P.L.56-2023, SEC.148.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-12. License; Application; Fee

Sec. 12. An application must be accompanied by a licensing fee at the rate adopted by the state department under IC 4-22-2.
[Pre-1993 Recodification Citation: 16-10-1-9(c).]
As added by P.L.2-1993, SEC.4. Amended by P.L.156-2011, SEC.14; P.L.197-2011, SEC.59.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-13. Licensure Issuance; Recognized Accrediting Organization; Investigation; Survey; Effect

Sec. 13. (a) The state health commissioner:
(1) may:
(A) issue a license upon the application of a hospital that is not accredited by a recognized accrediting organization without further evidence; or
(B) request additional information concerning the application of a hospital that is not accredited by a recognized accrediting organization and conduct an investigation to determine whether a license should be granted; and
(2) shall issue a license upon the application of a hospital that has received accreditation by a recognized accrediting organization for the period the recognized accrediting organization has been granted accreditation without the state department conducting an annual survey.
(b) The state department may investigate a complaint against an accredited hospital described in subsection (a)(2) for substantial noncompliance, as determined by the state department, with state law or rules. Nothing in this section prohibits the state health commissioner from taking action against a hospital under IC 16-21-3 for substantial noncompliance with state law or rules.
(c) If a hospital is not accredited by a recognized accrediting organization, the state department shall conduct an annual survey of the hospital.
(d) When requested by the federal Centers for Medicare and Medicaid Services, the state department shall conduct random validation surveys on behalf of the federal Centers for Medicare and Medicaid Services.
(e) A hospital shall provide a copy of the survey report and certificate of accreditation from a recognized accrediting organization to the state health commissioner not more than ten (10) days after receipt of the survey or accreditation.
(f) Subsections (a) through (e) do not affect the state department's performance of an initial survey of a hospital obtaining an initial license under this article.
[Pre-1993 Recodification Citation: 16-10-1-9(d).]
As added by P.L.2-1993, SEC.4. Amended by P.L.81-2018, SEC.2; P.L.156-2020, SEC.65.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-13.5. Common Accrediting and Licensure Standards; Notification to Recognized Accrediting Organization of Changes in State Law

Sec. 13.5. (a) The state department shall work with recognized accrediting organizations to identify, develop, implement, and maintain common accrediting and licensure standards. Any licensure survey must be based on:
(1) the standards established by the recognized accrediting organization that accredits the hospital; and
(2) state law.
(b) The state department shall notify the recognized accrediting organization of any changes to state law for purposes of licensure.
As added by P.L.81-2018, SEC.3.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-14. License; Expiration; Not Transferable; Premises; Posting; Renewal

Sec. 14. A license to operate a hospital, an ambulatory outpatient surgical center, a rural emergency hospital, or a birthing center:
(1) expires:
(A) one (1) year after the date of issuance for:
(i) an ambulatory outpatient surgical center; and
(ii) a birthing center;
(B) beginning May 1, 2020, two (2) years after the date of issuance for a hospital; and
(C) beginning January 1, 2023, two (2) years after the date of issuance for a rural emergency hospital;
(2) is not assignable or transferable;
(3) is issued only for the premises named in the application;
(4) must be posted in a conspicuous place in the facility; and
(5) may be renewed each year, or every two (2) years for a hospital or rural emergency hospital, upon the payment of a renewal fee at the rate adopted by the state department under IC 4-22-2.
[Pre-1993 Recodification Citation: 16-10-1-9(e).]
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.10; P.L.156-2011, SEC.15; P.L.197-2011, SEC.60; P.L.117-2019, SEC.2; P.L.32-2021, SEC.44; P.L.179-2022(ss), SEC.14; P.L.147-2023, SEC.8.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-14.5. Physician to Be on Site and on Duty While Emergency Department Is Open

Sec. 14.5. A hospital with an emergency department must have at least one (1) physician on site and on duty who is responsible for the emergency department at all times the emergency department is open.
As added by P.L.190-2023, SEC.6.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-15. Physician to Be on Duty at All Times at Hospital With at Least 100 Beds

Sec. 15. A hospital with at least one hundred (100) beds shall have on duty at all times at least one (1) physician licensed under IC 25-22.5. Implementation of this section shall be subject to rules promulgated by the state department to ensure continuous coverage by physicians licensed under IC 25-22.5 for inpatient emergencies.
As added by P.L.96-1994, SEC.1. Amended by P.L.56-2023, SEC.149.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-15.4. Hospital Procedures to Aid in the Identification of Newborns and Reduction of Newborn and Infant Abductions; Prerequisites to Licensure

Sec. 15.4. (a) To obtain a license under this chapter, a hospital must demonstrate that the hospital has established procedures designed to reduce the likelihood of abduction of newborn babies and other infants from the hospital. These procedures may include the following:
(1) Architectural plans to control access to areas of infant care.
(2) Video camera observation of areas of infant care.
(3) Procedures to identify hospital staff and visitors.
(b) To obtain a license under this chapter, a hospital must demonstrate that the hospital has established procedures to aid in the identification of newborns and other infants. These procedures may include the following:
(1) Footprinting of newborn infants by staff who have been trained by law enforcement personnel.
(2) Photographing of newborn infants at the time of their birth and photographing of other infants upon their admission to the hospital.
(3) Maintaining full written descriptions of each infant together with their footprints and photographs.
(4) Obtaining and retaining cord blood samples at the time of an infant's birth for purposes of conducting genetic testing.
(c) Failure to comply with this section is grounds for suspension or revocation of a hospital's license.
As added by P.L.12-1994, SEC.11.
2023 Indiana Code › Title 16. Health › Article 21. Hospitals › Chapter 2. Licensure of Hospitals › 16-21-2-16. Third Party Billing Notice

Sec. 16. A hospital, an ambulatory outpatient surgical center, or a birthing center that provides to a patient notice concerning a third party billing for a service provided to the patient shall ensure that the notice:
(1) conspicuously states that the notice is not a bill;
(2) does not include a tear-off portion; and
(3) is not accompanied by a return mailing envelope.
As added by P.L.178-2003, SEC.4. Amended by P.L.96-2005, SEC.11; P.L.179-2022(ss), SEC.15.