CHAPTER 4. STATE HEALTH COMMISSIONER

IC 16-19-4
    Chapter 4. State Health Commissioner

IC 16-19-4-1
Commissioner as secretary and executive officer of executive board
    Sec. 1. The state health commissioner, by virtue of the state healthcommissioner's office, is secretary and executive officer of theexecutive board.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-2
Commissioner; appointment; term; qualifications
    Sec. 2. (a) The governor shall appoint the state healthcommissioner, who serves at the will and pleasure of the governor.
    (b) The state health commissioner must hold an unlimited licenseto practice medicine under IC 25-22.5. It is the intent of the generalassembly that the office of the state health commissioner be held bya person who is qualified by training and experience to administerthe affairs of the state department.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-3
Commissioner; oath of office
    Sec. 3. The state health commissioner shall take an oath of officebefore exercising the authority of the office of secretary or attendingto full-time duties as the state health commissioner.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-4
Commissioner; ethics and conflicts of interest; practice of medicine
    Sec. 4. (a) The state health commissioner is governed in theperformance of the state health commissioner's official duties byIC 4-2-6 and IC 35-44-1-3 concerning ethics and conflict of interest.
    (b) To learn professional skills and to become familiar with newdevelopments in the field of medicine, the state health commissionermay, in an individual capacity as a licensed physician and not in anofficial capacity as state health commissioner, engage in the practiceof medicine if the practice of medicine does not interfere with theperformance of the state health commissioner's duties as state healthcommissioner.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-5
Commissioner; practice of medicine; liability of state
    Sec. 5. Any medical care provided to a patient by the state healthcommissioner is provided by the state health commissioner in anindividual capacity as a licensed physician and the state is not liablefor any act performed by the state health commissioner in thiscapacity.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-6
Commissioner; salary
    Sec. 6. The state health commissioner is entitled to receive asalary in an amount to be fixed by the executive board with theapproval of the governor.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-7
Employees; appointment; compensation
    Sec. 7. The state health commissioner shall appoint, subject toIC 4-15-2, all employees of the state department, and fix the salariesof all employees of the state department, subject to the confirmationof the executive board.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-8
Divisions and subdivisions
    Sec. 8. (a) The state health commissioner may, subject to theapproval of the executive board, organize the personnel andfunctions of the state department into divisions and subdivisions tocarry out the state health commissioner's powers and duties and thepowers and duties of the state department.
    (b) The state health commissioner may periodically consolidate,divide, or abolish divisions and subdivisions as is necessary to carryout those powers and duties.
As added by P.L.2-1993, SEC.2.

IC 16-19-4-9
Commissioner to comment on proposed rules
    Sec. 9. (a) This section applies:
        (1) when a proposed rule is published in the Indiana Registerby:
            (A) the office of the secretary of family and social services;
            (B) a division of family and social services; or
            (C) the office of Medicaid policy and planning; and
        (2) if the state department has rule making authority in an areasimilar to the area that would be affected by the proposed rule.
    (b) The commissioner shall submit written comments on aproposed rule to the entity described in subsection (a) that proposedthe rule not more than thirty (30) days after the rule is published inthe Indiana Register.
As added by P.L.11-1995, SEC.2.