CHAPTER 1. POWERS AND DUTIES OF LOCAL HEALTH DEPARTMENTS
IC 16-20
ARTICLE 20. LOCAL HEALTH DEPARTMENTS
IC 16-20-1
Chapter 1. Powers and Duties of Local Health Departments
IC 16-20-1-1
Application; limited area
Sec. 1. (a) Powers and duties described in this chapter andIC 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 toIC 16-22-8.
(b) The powers and jurisdiction of a local health officer or localboard are limited to the area in which the officer or board serves.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-2
Operation as local government agency
Sec. 2. A local health department shall operate as an agency oflocal government administratively responsible to the appropriatecounty or city executive.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-3
Procedural rules
Sec. 3. The board of each local health department may adoptprocedural rules for the board's guidance and to establishadministrative and personnel policies of the local health departmentthat are consistent with the administrative operating policy of theappointing authority.
As added by P.L.2-1993, SEC.3.
IC 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 shallelect a chairman, vice chairman, and other officers the boardconsiders necessary.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-5
Annual budget
Sec. 5. The board of each local health department shall submit anannual budget to the county executive, county fiscal body, and cityfiscal body concerned with approval of the budget at the regular timefor consideration of annual budgets.
As added by P.L.2-1993, SEC.3.
IC 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 thehealth department.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-7
Annual report
Sec. 7. The board of each local health department shall publish inpamphlet form, within ninety (90) days after January 1, for freedistribution, an annual report for the previous year showing thefollowing:
(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 thehealth department that the board considers to be of generalinterest.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-8
Health and planning services contracts
Sec. 8. (a) The board of each local health department may enterinto contract with the state department, other local boards of health,other units of government, a private individual, or a corporation forthe provision of health services within the board's jurisdiction. Theprivate contracts are subject to approval of the county executive orcity executive.
(b) A local board of health, a county executive, or a city fiscalbody may contract with or purchase from any individual,organization, limited liability company, partnership, or corporationplanning services considered essential to the development of aneffective community health program.
As added by P.L.2-1993, SEC.3. Amended by P.L.8-1993, SEC.250.
IC 16-20-1-9
Duties of officers and employees
Sec. 9. The board of each local health department shall prescribethe duties of all officers and employees.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-10
Records; minutes
Sec. 10. The local health officer shall keep full and permanentrecords of the public health work of the local health department andminutes of all meetings of the board of the local health department.
As added by P.L.2-1993, SEC.3.
IC 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 localhealth department. After the report is approved by the board, thelocal health officer shall make the report a permanent record.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-12
Activities reports to state department
Sec. 12. Reports of local health department activities shall bemade to the state department, as required by the rules of the statedepartment.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-13
Local health officer or representative; consultative meetings withstate department; expenses
Sec. 13. (a) The local health officer or a representative of allcounty or city boards of health shall attend meetings of the statedepartment, when requested by the state department, for consultationconcerning any matter concerning public health.
(b) The expenses of the local health officer or representative mustbe paid out of the health fund of the county or the city where theboard of health is established, in an amount determined by the localboard of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-14
Personnel; delegation of duties on the basis of agent-principalrelation; water well inspections
Sec. 14. (a) Local health officers may appoint and employ publichealth nurses, environmental health specialists, computerprogrammers, clerks, other personnel, and an administrator of publichealth, subject to the confirmation of the local board of health, as isnecessary and reasonable to carry out and perform the duties of thelocal health department.
(b) Except as provided in subsection (d), the employees of localhealth departments shall perform any of the duties of the healthofficer delegated by the health officer, with the approval of the localboard 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 thelocal board of health;
(2) by local ordinance, become part of the county classificationsystem for the respective public health personnel positions; and
(3) shall perform additional duties prescribed by the rules of thestate department and local board of health under the generalsupervision of the local health officer.
(d) If an appointee or employee of a local health officer is not alicensed water well driller under IC 25-39-3, the appointee oremployee may not inspect the drilling of a water well.
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.
IC 16-20-1-15
Compensation
Sec. 15. (a) The board of city health departments shall recommendand the city fiscal body shall fix the compensation of employees ofthe city health department.
(b) The county fiscal body shall fix the compensation of theemployees of county health departments, in the manner provided byIC 36-2-5 or IC 36-3-6, after consideration of the recommendationsof the local board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-16
Salaries and expenses; authorized payment
Sec. 16. The board of each local health department shall authorizepayment of salaries and all other department expenses from theproper fund.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-17
Vital statistics; birth and death records
Sec. 17. (a) The local health officer shall collect, record, andreport to the state department the vital statistics for the local healthofficer's area of jurisdiction.
(b) The local health officer shall be the registrar of births anddeaths. After making a birth or death record, the local health officershall, by the fourth day of each month, forward the original record tothe state department.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-18
Financial assistance; approval
Sec. 18. A health officer may, on behalf of the local board ofhealth, receive financial assistance from an individual, anorganization, or the state or federal government. The financialassistance must be approved by the county executive or city fiscalbody and the local board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-19
Enforcement
Sec. 19. Local health officers shall enforce the health laws,ordinances, orders, rules, and regulations of the officer's own andsuperior boards of health.
As added by P.L.2-1993, SEC.3.
IC 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 includea general fiscal impact statement of the rule or ordinance.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-21
Communicable disease control; powers
Sec. 21. Each local health board has the responsibility andauthority to take any action authorized by statute or rule of the statedepartment to control communicable diseases. The board of eachlocal health department or a designated representative may makesanitary and health inspections to carry out this chapter andIC 16-20-8.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-22
Sanitary inspections and surveys of public buildings andinstitutions
Sec. 22. Local health officers may make sanitary inspections andsurveys of all public buildings and institutions.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-23
Inspection of private property; property in which officer hasinterest
Sec. 23. (a) Except as provided in subsection (b), the local healthofficer or the officer's designee may enter upon and inspect privateproperty, at proper times after due notice, in regard to the possiblepresence, source, and cause of disease. The local health officer ordesignee may order what is reasonable and necessary for preventionand suppression of disease and in all reasonable and necessary waysprotect the public health.
(b) However, a local health officer, or a person acting under thelocal health officer, shall not inspect property in which the localhealth officer has any interest, whether real, equitable, or otherwise.Any such inspection or any attempt to make such inspection isgrounds for removal as provided for in this article.
(c) This section does not prevent inspection of premises in whicha local health officer has an interest if the premises cannot otherwisebe inspected. If the premises cannot otherwise be inspected, thecounty health officer shall inspect the premises personally.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-24
Epidemic control; powers
Sec. 24. (a) Local health officers may order schools and churchesclosed and forbid public gatherings when considered necessary toprevent and stop epidemics.
(b) An individual who takes action under this section shall complywith state laws and rules.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-25
Unlawful conditions; abatement order; enforcement
Sec. 25. (a) A person shall not institute, permit, or maintain anyconditions that may transmit, generate, or promote disease.
(b) A health officer, upon hearing of the existence of suchunlawful conditions within the officer's jurisdiction, shall order theabatement of those conditions. The order must:
(1) be in writing if demanded;
(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 underthis section, the attorney representing the county of the healthjurisdiction where the offense occurs shall, upon receiving theinformation from the health officer, institute proceedings in thecourts for enforcement. An order may be enforced by injunction. Ifthe action concerning public health is a criminal offense, a lawenforcement authority with jurisdiction over the place where theoffense occurred shall be notified.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-26
Injunctive enforcement; legal representation of health authorities
Sec. 26. (a) A local board of health or local health officer mayenforce the board's or officer's orders by an action in the circuit orsuperior court. In the action, the court may enforce the order byinjunction.
(b) The county attorney in which a local board of health or localhealth officer has jurisdiction shall represent the local health boardand local health officer in the action unless the county executiveemploys other legal counsel or the matter has been referred throughlaw enforcement authorities to the prosecuting attorney.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-27
Service fees; disposition
Sec. 27. The board of each local health department may, with theapproval of the county or city executive, establish and collect fees forspecific services and records established by local ordinances andstate law. However, fees may not exceed the cost of servicesprovided. The fees shall be accounted for and transferred to thehealth fund of the taxing jurisdiction.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-28
Removal of local health officers; grounds; hearing rights
Sec. 28. (a) A local health officer may be removed only for failureto:
(1) perform the officer's statutory duties; or
(2) enforce the rules of the state department.
(b) Except as provided in IC 16-19-3-12, IC 16-19-3-13, and
IC 16-19-3-15, a local health officer may be removed only by theboard that appointed the health officer.
(c) When removal of a local health officer is sought by theappointing authority, the local health officer is entitled to thefollowing:
(1) At least five (5) days notice.
(2) An open hearing.
(3) Representation by counsel.
As added by P.L.2-1993, SEC.3.