IC 16-19-3
    Chapter 3. Powers and Duties of State Department of Health andExecutive Board

IC 16-19-3-0.5
"Mobile camp"
    Sec. 0.5. As used in this chapter, "mobile camp" has the meaningset forth in IC 8-9-10-1(a).
As added by P.L.83-2007, SEC.5.

IC 16-19-3-1
Supervision of health and life of citizens; necessary powers
    Sec. 1. The state department shall supervise the health and life ofthe citizens of Indiana and shall possess all powers necessary tofulfill the duties prescribed in the statutes and to bring action in thecourts for the enforcement of health laws and health rules.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-2
Branch offices; purpose; legislative intent
    Sec. 2. (a) The state department may establish, operate, andmaintain branch offices. The number of branch offices shall bedetermined by the state department.
    (b) The purpose of authorizing the creation of branch offices is tofurnish a more comprehensive and effective health program to thepeople of Indiana and to provide additional assistance to all localhealth officials. The legislative intent of this section is to authorizethe establishment of branch offices as a means of assisting, but notlimiting, the powers possessed by local health agencies.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-3
Facilities for branch offices
    Sec. 3. For the purpose of providing facilities for branch offices,the state department may, with the approval of the governor,purchase or lease real property. Structures may be remodeled,repaired, constructed, and maintained. A building may not beconstructed upon property not owned in fee simple by the state. Alldeeds and leases shall be made to the state for the use of the statedepartment. These procedures and powers shall be exercised underIC 4-13-2 where applicable.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-4
Protection and improvement of public health; adoption of rules
    Sec. 4. (a) The executive board may, by an affirmative vote of amajority of its members, adopt reasonable rules on behalf of the statedepartment to protect or to improve the public health in Indiana.
    (b) The rules may concern but are not limited to the following:
        (1) Nuisances dangerous to public health.        (2) The pollution of any water supply other than wherejurisdiction is in the water pollution control board anddepartment of environmental management.
        (3) The disposition of excremental and sewage matter.
        (4) The control of fly and mosquito breeding places.
        (5) The detection, reporting, prevention, and control of diseasesthat affect public health.
        (6) The care of maternity and infant cases and the conduct ofmaternity homes.
        (7) The production, distribution, and sale of human food.
        (8) Except as provided in section 4.4 of this chapter, theconduct of camps.
        (9) Standards of cleanliness of eating facilities for the public.
        (10) Standards of cleanliness of sanitary facilities offered forpublic use.
        (11) The handling, disposal, disinterment, and reburial of deadhuman bodies.
        (12) Vital statistics.
        (13) Sanitary conditions and facilities in public buildings andgrounds, including plumbing, drainage, sewage disposal, watersupply, lighting, heating, and ventilation, other than wherejurisdiction is vested by law in the fire prevention and buildingsafety commission or other state agency.
        (14) The design, construction, and operation of swimming andwading pools. However, the rules governing swimming andwading pools do not apply to a pool maintained by an individualfor the sole use of the individual's household and house guests.
As added by P.L.2-1993, SEC.2. Amended by P.L.83-2007, SEC.6.

IC 16-19-3-4.1
Rules
    Sec. 4.1. The executive board shall adopt reasonable rules toregulate the sanitary operation of tattoo parlors.
As added by P.L.181-1997, SEC.2.

IC 16-19-3-4.2
Body piercing facilities; rules
    Sec. 4.2. The executive board shall adopt reasonable rules toregulate the sanitary operation of body piercing facilities.
As added by P.L.166-1999, SEC.1.

IC 16-19-3-4.3
Variances from rules regarding food handling or foodestablishments
    Sec. 4.3. Upon a showing of good cause, the executive board maygrant a variance from one (1) or more of the state rules concerning:
        (1) food handling machinery; or
        (2) sanitary standards for the operation of food establishments.
As added by P.L.266-2001, SEC.8.
IC 16-19-3-4.4
Mobile camps; adoption of rules; enforcement by local healthofficers
    Sec. 4.4. (a) The executive board shall adopt reasonable rulesunder IC 4-22-2 necessary to protect the health, safety, and welfareof persons living in mobile camps, including provisions relating tosanitary conditions, light, air, safety protection from fire hazards,equipment, maintenance, and operation of the camp, sewage disposalthrough septic tank absorption fields, and other matters appropriatefor the security of the life and health of occupants.
    (b) The rules adopted under subsection (a) shall be enforced bylocal health officers under IC 16-20-1-19 and IC 16-22-8-34(a)(23).
    (c) The rules must include the following:
        (1) A requirement for an inspection fee necessary to cover allthe expenses incurred in the process of conducting inspectionsof a mobile camp, to be paid by the railroad company operatingthe mobile camp.
        (2) A provision that the inspection fee shall be paid to the:
            (A) local health department under IC 16-20-1-2; or
            (B) municipal corporation created under IC 16-22-8-6;
        before initiation of the inspection. The fee shall be deposited inthe general fund of the local health department or the municipalcorporation.
        (3) A requirement that the railroad company, after the departureof the mobile camp, restore the property upon which the mobilecamp existed to its condition before the arrival of the mobilecamp.
        (4) A provision that the officials of the local health departmentor the municipal corporation referenced in subdivision (2) mayconduct either:
            (A) independent inspections of the mobile camp without thepresence of the railroad company or a union representative;or
            (B) joint inspections of the mobile camp with the presenceof the railroad company and a union representative of eachcraft of employees working for the railroad company.
As added by P.L.83-2007, SEC.7. Amended by P.L.1-2010, SEC.71.

IC 16-19-3-5
Rules for enforcement; exceptions
    Sec. 5. The executive board may adopt rules on behalf of the statedepartment for the efficient enforcement of this title, except asotherwise provided. However, fees for inspections relating to weightand measures may not be established by the rules.
As added by P.L.2-1993, SEC.2. Amended by P.L.80-1999, SEC.1.

IC 16-19-3-6
Rules; conformity to laws
    Sec. 6. The rules of the state department may not be inconsistentwith this title or any other Indiana statute.As added by P.L.2-1993, SEC.2.

IC 16-19-3-6.5
Safety guidelines for children during bad weather conditions
    Sec. 6.5. (a) The state department shall adopt guidelinesconcerning the safety of children during bad weather conditions.
    (b) The guidelines adopted under subsection (a) must include alisting of places that are safe during the following types of weatherconditions:
        (A) Blizzards.
        (B) Tornados.
        (C) Rain storms.
        (D) Lightning storms.
        (E) Hail storms.
        (F) Wind storms.
        (G) Extreme heat.
        (H) Any other weather condition for which the NationalWeather Service issues an advisory, a watch, or a warning.
    (c) The guidelines adopted under subsection (a) must cover thefollowing types of events and places where children may be exposedto weather conditions:
        (1) Schools and activities organized by schools.
        (2) Child care centers and child care homes licensed underIC 12-17.2.
        (3) Preschool (as defined in IC 12-7-2-143.5).
        (4) Organized sporting events.
        (5) Public parks.
    (d) The state department shall:
        (1) distribute the guidelines adopted under subsection (a) to thedepartment of education, which shall then distribute theguidelines to each:
            (A) school corporation; and
            (B) nonpublic school; and
        (2) make available the guidelines adopted under subsection (a)to any person that:
            (A) operates a place; or
            (B) organizes or conducts an activity or event;
        described in subsection (c).
As added by P.L.110-2005, SEC.1.

IC 16-19-3-7
Sanitary inspections and surveys; indoor air quality inspections;inspection of private property
    Sec. 7. (a) The state department may make sanitary inspectionsand surveys throughout Indiana and of all public buildings andinstitutions.
    (b) The state department may make indoor air quality inspectionsof all public buildings and institutions that are occupied by an agencyof state or local government.
    (c) After due notice is given, the state department may enter upon

and inspect private property in regard to the presence of cases ofinfectious and contagious diseases and the possible cause and sourceof diseases.
As added by P.L.2-1993, SEC.2. Amended by P.L.104-2003, SEC.3.

IC 16-19-3-8
Sanitation of public buildings and institutions; enforcement
    Sec. 8. The state department may enforce all laws and rulesconcerning the character and location of plumbing, drainage, watersupply, disposal of sewage, lighting, heating, and ventilation and allsanitary features of all public buildings and institutions.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-9
Quarantine
    Sec. 9. The state department may establish quarantine and may dowhat is reasonable and necessary for the prevention and suppressionof disease.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-10
Epidemics
    Sec. 10. The state department may order schools and churchesclosed and forbid public gatherings when considered necessary toprevent and stop epidemics.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-11
Condemnation or abatement of conditions causative of disease
    Sec. 11. The state department may issue an order condemning orabating conditions causative of disease.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-12
Rules and regulations; enforcement; local health officers; removal
    Sec. 12. (a) When, in the opinion of the state department:
        (1) a local health authority fails or refuses to enforce the lawsand rules necessary to prevent and control the spread ofcommunicable or infectious disease declared to be dangerous tothe public health; or
        (2) a public health emergency exists;
the state department may enforce the orders and rules of the statedepartment within the territorial jurisdiction of the local healthauthorities. In that situation, the state department may exercise all thepowers given by law to local health authorities. All expensesincurred are charges against the respective counties or cities.
    (b) In such cases, the failure or refusal of any local health officeror local health board to carry out and enforce the lawful orders andrules of the state department is sufficient cause for the removal of thelocal health officer or the members of the local health board from

office.
    (c) Upon removal of a local health officer or a member of thelocal health board, the proper county or city authorities shallimmediately appoint a successor, other than the person removed, asprovided by law for original appointments.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-13
Local health officers; removal from office; grounds
    Sec. 13. The state department may remove a local health officerin the state for any of the following reasons:
        (1) Intemperance.
        (2) Failure to collect vital statistics.
        (3) Failure to obey rules.
        (4) Failure to keep records.
        (5) Failure to make reports.
        (6) Failure to answer letters of inquiry of the state departmentconcerning the health of the people.
        (7) Neglect of official duty.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-14
Local health officers; removal from office; procedure
    Sec. 14. A local health officer may not be removed by the statedepartment except under the procedure provided by law for theremoval of an officer or employee for cause by a state officer oragency.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-15
Local health officers; removal from office; ineligibility toreappointment; filling of vacancy
    Sec. 15. A health officer removed as provided in this chapter isineligible to hold the position of health officer for four (4) years. Thevacancy shall be filled for the unexpired term in the same manner asthe original appointment or employment.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-16
Water pollution; proceedings to abate or prevent; regulation ofsanitary systems
    Sec. 16. The state department may conduct hearings, issue orders,and take action on behalf of the state for the enforcement of ordersas necessary to regulate the use of existing or proposed sanitarysystems that do not meet or would not meet health standardsestablished by the state department under law or rule as means, bythe use of the state department's police power, to abate or prevent thepollution of streams, rivers, lakes, and other bodies of water.
As added by P.L.2-1993, SEC.2.
IC 16-19-3-17
Hearings; agent or representative of department
    Sec. 17. Whenever a hearing is provided for or authorized to beheld by the state department, the state department may designate aperson as the state department's agent or representative to conductthe hearings. The agent or representative shall conduct the hearingsin the manner provided by law.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-18
Enforcement proceedings; injunction
    Sec. 18. (a) The state department may bring a proceeding againstany person against whom a final order or determination has beenmade to compel compliance. The court in such an action hasjurisdiction to enforce the order or determination by injunction.
    (b) Except as otherwise provided, the state department may bringan action to enforce this title, except as otherwise stated. Such anaction shall be brought in the name of the state. The court in such anaction has jurisdiction to compel or enforce the provisions of thistitle by injunction.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-19
Vital statistics studies; death and sickness records; provision ofinformation to election division regarding deceased voters
    Sec. 19. (a) The state department shall study the vital statisticsand endeavor to make intelligent and profitable use of the collectedrecords of death and sickness among the people.
    (b) As required under 42 U.S.C. 15483, after January 1, 2006, thedepartment shall provide information to the election division tocoordinate the computerized list of voters maintained underIC 3-7-26.3 with the department records concerning individualsidentified as deceased under IC 3-7-45.
As added by P.L.2-1993, SEC.2. Amended by P.L.209-2003,SEC.202.

IC 16-19-3-20
Dental public health
    Sec. 20. The state department shall provide facilities andpersonnel for investigation, research, and dissemination ofknowledge to the public concerning dental public health.
As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC.5.

IC 16-19-3-21
Programs for residential care of certain individuals; eligibility; fees
    Sec. 21. The state department may:
        (1) operate; and
        (2) designate local boards that qualify to operate;
programs in the public interest, to provide for the care of certainindividuals in each individual's place of residence. Eligibility for

participation includes individuals who come within the purview ofthe federal Social Security Act (42 U.S.C. 301 et seq.). The statedepartment and the designated local boards shall periodicallyestablish a schedule of reasonable fees for this service and shallcollect the fees as prescribed by IC 16-20-1-27.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-22
Poisons; safety and emergency information; telephone answeringservice
    Sec. 22. (a) The state department shall maintain a toll-freetelephone answering service to provide information on safetyprecautions and emergency procedures with regard to poisons.
    (b) The telephone number shall be widely disseminatedthroughout Indiana and shall be manned on a twenty-four (24) hourper day basis.
    (c) The telephone companies in Indiana, the state department, allhospitals, and all other boards or commissions registering orlicensing health care professions or emergency medical services shallcooperate in making the toll-free telephone number available to thepublic.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-23
Health care programs; telephone information service
    Sec. 23. (a) The state department shall maintain a toll-freetelephone line to provide information, referral, follow-up, andpersonal assistance concerning federal, state, local, and privateprograms that provide services to children less than twenty-one (21)years of age with long term health care needs. The state departmentshall provide the telephone service to the following:
        (1) Families with children having long term health care needs.
        (2) Health care providers.
        (3) Employees of state and local governmental entities.
        (4) Educators.
        (5) Other entities that provide services to children with longterm health care needs.
    (b) The state department may adopt rules under IC 4-22-2 toimplement this section.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-24
Acquired immune deficiency drug assistance program;administration
    Sec. 24. The state department shall administer the Indianaacquired immune deficiency drug assistance program.
As added by P.L.2-1993, SEC.2.

IC 16-19-3-25
Inspection report; guidelines for release to public    Sec. 25. (a) This section applies to inspections performed by thestate department.
    (b) Except as provided in this section, until the recipient of aninspection report has had ten (10) calendar days to respond to theinspection report the state department may not release to the public:
        (1) the inspection report; or
        (2) records relating to the inspection.
    (c) The state department shall release to the public an inspectionreport and records relating to the inspection earlier than the timestated in subsection (b) if the state department determines that therelease is necessary to:
        (1) protect the public from an imminent threat to health orsafety;
        (2) protect the consumers of health services from an imminentthreat to health or safety; or
        (3) protect the public from a gross deception or fraud.
    (d) The state department shall release to the public an inspectionreport and records relating to the inspection earlier than the timeperiod in subsection (b):
        (1) if the state department orders closure of a regulated entity;or
        (2) after receipt of the regulated entity's written consent to therelease of the inspection report and records relating to theinspection.
    (e) With respect to a recipient of an inspection performed by thestate department, the period of time described in subsection (b)begins as follows:
        (1) If the inspection report is personally delivered to therecipient, on the date of delivery.
        (2) If the inspection report is deposited in the United Statesmail, three (3) days after the date of deposit in the United Statesmail.
    (f) After an inspection report is released under this section, theinspection report and records relating to the inspection may beinspected and copied as set forth in IC 5-14-3.
As added by P.L.190-1995, SEC.1.

IC 16-19-3-26
Anatomical gift promotion fund; Indiana Donation AllianceFoundation and Donate Life Indiana report
    Sec. 26. (a) The anatomical gift promotion fund is established.The fund consists of amounts distributed to the fund by the auditorof state under IC 9-18-2-16.
    (b) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds are invested. Interest that accrues fromthese investments shall be deposited in the fund.
    (c) The state department shall administer the fund. Any expensesincurred in administering the fund shall be paid from the fund.
    (d) The money in the fund shall be distributed quarterly to the

Indiana Donation Alliance Foundation and Donate Life Indiana forthe purpose of implementing an organ, tissue, and marrow registryand to promote organ, tissue, and marrow donation.
    (e) The Indiana Donation Alliance Foundation and Donate LifeIndiana shall keep information regarding the identity of an individualwho has indicated a desire to make an organ or tissue donationconfidential.
    (f) The Indiana Donation Alliance Foundation and Donate LifeIndiana shall submit an annual report, including a list of allexpenditures, to the chairperson of the:
        (1) legislative council;
        (2) senate health committee; and
        (3) house public health committee;
before March 15. The report must be in an electronic format underIC 5-14-6.
    (g) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
    (h) This subsection applies if the Indiana Donation AllianceFoundation or Donate Life Indiana loses its status as an organizationexempt from federal income taxation under Section 501(c)(3) of theInternal Revenue Code. The Indiana Donation Alliance Foundationand Donate Life Indiana shall report in an electronic format underIC 5-14-6 to the chairpersons of the senate standing committee, asdetermined by the president pro tempore of the senate, and the housestanding committee, as determined by the speaker of the house ofrepresentatives, that have subject matter jurisdiction over healthissues. The chairpersons shall review the report and recommend tothe state department whether to continue distributions undersubsection (d).
    (i) This section expires July 1, 2012.
As added by P.L.96-1997, SEC.3. Amended by P.L.63-2000, SEC.2;P.L.131-2001, SEC.1; P.L.81-2002, SEC.2; P.L.3-2004, SEC.1;P.L.147-2007, SEC.3.

IC 16-19-3-27
Department study of septic system technologies; development ofplans and specifications; rules
    Sec. 27. (a) The state department of health shall:
        (1) study the use of:
            (A) effluent filters;
            (B) recirculation media filters;
            (C) aeration treatment units;
            (D) drip irrigation;
            (E) graveless trenches; and
            (F) new technologies;
        for residential septic systems that will cause systems to performsatisfactorily as alternatives to currently operating systems thatdo not perform satisfactorily because of soil characteristics, lotsizes, topographical conditions, or high water tables; and
        (2) take all actions necessary to develop plans and

specifications for use of the technologies listed in subdivision(1) in residential septic systems.
    (b) The executive board shall adopt reasonable rules underIC 4-22-2 to:
        (1) promulgate the plans and specifications developed undersubsection (a); and
        (2) allow for the issuance of operating permits for:
            (A) residential septic systems that are installed incompliance with the plans and specifications promulgatedunder subdivision (1); and
            (B) onsite residential sewage discharging disposal systemsin a county having a population of more than three hundredthousand (300,000) but less than four hundred thousand(400,000) that comply with IC 13-18-12-9.
As added by P.L.172-2002, SEC.6.

IC 16-19-3-28
State department designated as lead agency of a statewide traumacare system; rule making authority
    Sec. 28. (a) The state department is the lead agency for thedevelopment, implementation, and oversight of a statewidecomprehensive trauma care system to prevent injuries, save lives,and improve the care and outcome of individuals injured in Indiana.
    (b) The state department may adopt rules under IC 4-22-2concerning the development and implementation of the following:
        (1) A state trauma registry.
        (2) Standards and procedures for trauma care level designationof hospitals.
As added by P.L.155-2006, SEC.2.

IC 16-19-3-29
Records of coroners denying anatomical gift recoveries
    Sec. 29. The state department shall compile and make availablefor public inspection records of a coroner or designee denyingrecovery of an anatomical gift as described in IC 36-2-14-22.6(f) andIC 36-2-14-22.6(g).
As added by P.L.147-2007, SEC.4.

IC 16-19-3-29.2
Automated external defibrillator rules
    Sec. 29.2. The state department may adopt rules under IC 4-22-2to implement the requirements set forth in IC 24-4-15 concerningautomated external defibrillators in health clubs.
As added by P.L.129-2007, SEC.1.