CHAPTER 2. LOCAL BOARDS OF HEALTH
IC 16-20-2
Chapter 2. Local Boards of Health
IC 16-20-2-1
Application of chapter
Sec. 1. This chapter does not apply to a county that is subject toIC 16-22-8.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-2
Establishment and maintenance of local health department;adoption of health ordinances
Sec. 2. (a) Except as provided in IC 16-20-3, the executive of eachcounty shall by ordinance establish and maintain a local healthdepartment.
(b) The executive of a county having a population of more thanone hundred forty-eight thousand (148,000) but less than onehundred seventy thousand (170,000) may only establish and maintainone (1) local health department having countywide jurisdiction.
(c) The county executive in a county having a population of morethan one hundred forty-eight thousand (148,000) but less than onehundred seventy thousand (170,000) may adopt health ordinancesthat apply to the entire county.
(d) A health ordinance adopted by a city legislative body afterDecember 31, 1993, in a county having a population of more thanone hundred forty-eight thousand (148,000) but less than onehundred seventy thousand (170,000) is void.
As added by P.L.2-1993, SEC.3. Amended by P.L.2-1993, SEC.127;P.L.87-1994, SEC.7; P.L.95-1994, SEC.1; P.L.170-2002, SEC.98.
IC 16-20-2-3
Management of local health departments
Sec. 3. A local board of health shall manage each local healthdepartment established under this chapter.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-4
Composition of board
Sec. 4. A local board of health is composed of seven (7) members,not more than four (4) of whom may be from the same politicalparty.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-5
Membership selection criteria
Sec. 5. The members of a local board of health shall be chosen asfollows:
(1) Four (4) persons knowledgeable in public health, at leasttwo (2) of whom are licensed physicians. The other two (2)appointees may be any of the following: (A) A registered nurse licensed under IC 25-23.
(B) A registered pharmacist licensed under IC 25-26.
(C) A dentist licensed under IC 25-14.
(D) A hospital administrator.
(E) A social worker.
(F) An attorney with expertise in health matters.
(G) A school superintendent.
(H) A veterinarian licensed under IC 25-38.1.
(I) A professional engineer registered under IC 25-31.
(J) An environmental scientist.
(2) Two (2) representatives of the general public.
(3) One (1) representative described in either subdivision (1) or(2).
As added by P.L.2-1993, SEC.3. Amended by P.L.2-2008, SEC.39.
IC 16-20-2-6
Appointment of members
Sec. 6. Except as provided in section 7 of this chapter, the countyexecutive shall appoint the members of a local board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-7
Appointment of members in certain circumstances
Sec. 7. (a) In the following counties, the county executive and theexecutive of the most populous city located in the county shallappoint the members of the local board of health:
(1) A county having a population of more than three hundredthousand (300,000) but less than four hundred thousand(400,000).
(2) A county having a population of more than one hundredseventy thousand (170,000) but less than one hundred eightythousand (180,000).
(3) A county having a population of more than seventythousand (70,000) but less than seventy-one thousand (71,000).
(b) Except as provided in subsection (c), the executive of eachsecond class city shall appoint a number of members of the board inthe proportion that the city's population is to the total countypopulation to the nearest whole fraction. The appointments madeunder this subsection shall be made in order, according to thepopulation of a city, with the city having the largest populationmaking the first appointments. The county executive shall appointthe remaining number of members of the county board of health.
(c) The members of the local board of health in a county havinga population of more than three hundred thousand (300,000) but lessthan four hundred thousand (400,000) shall be appointed as follows:
(1) Three (3) members shall be appointed by the executive ofthe most populous city in the county.
(2) Four (4) members shall be appointed by the countyexecutive.
As added by P.L.2-1993, SEC.3. Amended by P.L.191-1995, SEC.1;
P.L.170-2002, SEC.99.
IC 16-20-2-8
Removal of members
Sec. 8. A member of a local board of health may be removed bythe appointing authority if the board member does any of thefollowing:
(1) Is absent from three (3) consecutive regular board meetings.
(2) Is absent from four (4) regular board meetings during acalendar year.
(3) Fails to perform the statutory duties of the office.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-9
Compensation of members
Sec. 9. Members of a local board of health may receivecompensation for the performance of their duties as determined bythe county fiscal body.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-10
Term of office; staggered terms
Sec. 10. (a) All members of a local board of health shall beappointed for a term of four (4) years.
(b) Unless otherwise required by law, after December 31, 1991,the board members serve staggered terms. The appointing authorityshall appoint the members of a board in existence on December 31,1991, and the initial members of a board established after December31, 1991, as follows:
(1) One (1) member must be appointed for one (1) year.
(2) Two (2) members must be appointed for two (2) years.
(3) Two (2) members must be appointed for three (3) years.
(4) Two (2) members must be appointed for four (4) years.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-11
Vacancies; qualified replacements
Sec. 11. (a) Members of a local board of health continue to serveuntil their successors are appointed.
(b) When a vacancy occurs, the original appointing authority shallappoint a qualified person to serve the remainder of the unexpiredterm. A local board of health shall provide to the appointingauthority a list of five (5) individuals, at least three (3) of whom musthave professional experience in one (1) of the following areas:
(1) Medicine.
(2) Nursing.
(3) Hospital administration.
(4) Pharmacology.
(5) Social work.
(6) Dentistry. (7) Veterinary medicine.
(8) Engineering.
(9) Environmental science.
(10) Legal profession.
(11) School administration.
(c) The list must include at least one (1) licensed physician. Theappointing authority may select an individual from the list whenfilling a vacancy.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-12
Conditions of membership
Sec. 12. A member of a local board of health must meet thefollowing conditions:
(1) Be a citizen of the United States.
(2) Reside in a county to which the local board of healthprovides health services.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-13
Conflict of interest
Sec. 13. An individual who has a vested interest or stands to gainfinancially from any activity of the local health department or apolicy decision of the board is ineligible to serve on a local healthboard.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-14
Election of chairman
Sec. 14. At the first meeting of a local board of health each year,the members shall elect a chairman.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-15
Meetings; call; quorum
Sec. 15. (a) Meetings may be called by any of the following:
(1) The chairman.
(2) Four (4) members of the local board of health.
(3) The local health officer.
(b) A majority of the members constitutes a quorum for thetransaction of business.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-16
Health officer; appointment; certification; reappointment; duties
Sec. 16. (a) Each local board of health shall appoint a healthofficer to serve for a term of four (4) years. The health officer mustbe a licensed physician.
(b) The appointment shall be certified by the county executive andsent to the state department. The state department shall maintain a
record of the certification.
(c) The health officer is eligible for reappointment.
(d) The health officer is the executive officer of the local healthdepartment and shall serve as secretary of the local board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-17
Annual levy for maintenance of department; county health fund;appropriations; exception
Sec. 17. (a) The fiscal body of a county in which a local healthdepartment has been authorized shall assess a levy annually on theassessed valuation of taxable property for the maintenance of thecounty health department.
(b) The taxes shall be paid into the county treasury and placed ina special fund to be known as the county health fund. The fund shallbe used only for the purpose of this title and shall be drawn upon bythe proper officers of the county upon the properly authenticatedvouchers of the local health department.
(c) Each county fiscal body shall appropriate from the countyhealth fund money necessary to maintain the local health department.
(d) A tax levy provided for in this chapter may not be made uponproperty within the corporate limits of any city maintaining the city'sown full-time health department.
As added by P.L.2-1993, SEC.3.
IC 16-20-2-18
Transfer of revenue to community health clinic in certain counties
Sec. 18. (a) This section applies to a county having a populationof more than one hundred forty-eight thousand (148,000) but lessthan one hundred seventy thousand (170,000).
(b) Each year the county fiscal officer shall transfer to thecommunity health clinic located in the county an amount equal to therevenue raised from a property tax rate of one hundred sixty-seventhousandths of one cent ($0.00167) for each one hundred dollars($100) of assessed valuation of the taxable property in the county.
(c) The transfer shall be made in four (4) equal installmentsbefore the end of January, April, July, and October. The transfershall be made without the necessity of an appropriation.
As added by P.L.2-1993, SEC.128. Amended by P.L.6-1997,SEC.164; P.L.170-2002, SEC.100.