CHAPTER 4. CITY HEALTH DEPARTMENTS IN SECOND CLASS CITIES
IC 16-20-4
Chapter 4. City Health Departments in Second Class Cities
IC 16-20-4-1
Application of chapter
Sec. 1. This chapter applies to city health departments in secondclass cities.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-2
City health department defined
Sec. 2. As used in this chapter, "city health department" means acity health department in a second class city. The term includes afull-time local health department under this chapter.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-3
Formation and establishment
Sec. 3. Formation and establishment of a city health departmentis subject to the approval of the city fiscal body.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-4
Jurisdiction in city with full-time health department
Sec. 4. A county or multiple county health board and the board'sofficers do not have jurisdiction in any city having a full-time cityhealth department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-5
Authority of second class city to establish full-time city healthdepartment; exception in certain counties
Sec. 5. (a) Except as provided in subsection (b), the legislativebody of a second class city may by resolution provide for a full-timecity health department.
(b) A local official, city legislative body, city fiscal body, orcounty may not establish a full-time or part-time city healthdepartment in a county having a population of more than onehundred forty-eight thousand (148,000) but less than one hundredseventy thousand (170,000).
(c) 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.87-1994, SEC.8;P.L.95-1994, SEC.2; P.L.170-2002, SEC.101.
IC 16-20-4-6
Health board membership; qualifications
Sec. 6. The city health departments provided for by this chapter
shall be managed by a board of health consisting of seven (7)members appointed by the city executive, not more than four (4) ofwhom belong to the same political party. At least three (3) of themembers must be licensed physicians. At least one (1) of themembers must be a licensed veterinarian.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-7
Terms of office; vacancies
Sec. 7. (a) All members of the board shall be appointed for a termof four (4) years except that of the first appointees. The initial termsare as follows:
(1) One (1) shall serve for a period of two (2) years.
(2) Two (2) shall serve for a period of three (3) years.
(3) Four (4) shall serve for a term of four (4) years.
(b) At the expiration of the respective terms, appointments shallbe made to fill the vacancies for the following four (4) years.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-8
Vacancy; candidate list; qualifications
Sec. 8. (a) Whenever a vacancy occurs on a board, the city boardof health shall provide to the appointing authority a list of five (5)individuals, at least three (3) of whom must have professionalexperience in one (1) of the following areas:
(1) Medicine.
(2) Nursing.
(3) Health care administration.
(4) Pharmacology.
(5) Dentistry.
(6) Veterinary medicine.
(7) Engineering.
(8) Environmental science.
(9) Social work.
(10) Legal profession.
(11) School administration.
(b) The list must include at least one (1) licensed physician. Whenfilling a vacancy, the appointing authority may select from the listprovided by the city board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-9
Removal; grounds
Sec. 9. A member of a city board of health may be removed by theappointing authority if the board member does any of the following:
(1) Is absent from three (3) consecutive regular board meetings.
(2) Is absent from four (4) regular board meetings in a calendaryear.
(3) Fails to perform the statutory duties of the office.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-10
Conflicts of interest
Sec. 10. An individual who has a vested interest or may gainfinancially from any activity of the city health department or policydecision of the board is ineligible to serve on a city board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-11
Organizational meeting; officers
Sec. 11. The board of each full-time city health department shall,immediately after appointment, meet and organize by electing achairman, vice chairman, and other officers the board considersnecessary.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-12
Election meeting; regular meetings; special meetings
Sec. 12. (a) The board of each city health department shall holda meeting in January of each year, at which meeting officers shall beelected for the following calendar year.
(b) The board shall hold regular meetings quarterly in January,April, July, and October.
(c) The board shall hold special meetings:
(1) on a written request signed by three (3) members and filedwith the local health officer; or
(2) on request of the health officer.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-13
Powers and duties
Sec. 13. A board of health that manages a city health departmentunder this chapter has the powers and duties prescribed for all healthboards.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-14
Procedural rules
Sec. 14. The board of each city health department may adoptprocedural rules for the board's own guidance and as are necessaryor desirable to protect, promote, or improve public health or tocontrol disease not inconsistent with state statutes and rules of thestate department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-15
Offices and equipment
Sec. 15. The board of each city 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 16-20-4-16
Officers and employees; duties; compensation; approval
Sec. 16. (a) The board of each city health department shallprescribe the duties of all officers and employees.
(b) The board shall fix compensation of all officers andemployees. However, in counties having joint city-county full-timehealth departments, the prescription of duties and fixing ofcompensation is subject to prior approval by the city legislative bodyand the county executive of cities and counties maintaining thedepartment.
(c) The city board of health may recommend compensation forany officer or employee of the board subject to approval by the cityfiscal body.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-17
Annual report; contents
Sec. 17. The board of each city health department shall publishannually in pamphlet form, within ninety (90) days after the secondTuesday in January, for free distribution, an annual report showingthe following:
(1) As of January 1 of that year, the amount of money receivedfrom 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 thecity health department as the board considers to be of generalinterest.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-18
Communicable disease control; inspections
Sec. 18. (a) The board of each city health department has theresponsibility and authority to take any action authorized by statestatute or rule of the state department to control communicablediseases.
(b) The board of each city health department or a designatedrepresentative may make sanitary and health inspections that arenecessary to carry out the purposes of this chapter.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-19
Disease control powers and duties
Sec. 19. The board of each city health department shall do thefollowing:
(1) Investigate the existence of any contagious or infectiousdisease.
(2) Adopt measures, not inconsistent with the rules of the statedepartment, to arrest the progress of contagious or infectiousdisease. (3) Make all necessary sanitary and health investigations andinspections.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-20
Health officers; qualifications; term of office
Sec. 20. (a) The board of each city health department shall appointa health officer. The appointment is subject to the approval of thecity legislative body.
(b) The health officer is the executive officer for the departmentand shall serve as secretary of the local board.
(c) The health officer must meet the following conditions:
(1) Be a citizen of the United States.
(2) Be a licensed physician or be eligible for such a license.
(d) A health officer serves a term of four (4) years unless removedfor cause as provided in this title.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-21
Employment of personnel
Sec. 21. A city health officer may appoint and employ theprofessional, clerical, and other employees that are necessary andreasonable to carry out and perform the duties of the department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-22
Department expenses and salaries; payment; authorization
Sec. 22. The board of each city health department shall authorizepayment of salaries and all other department expenses from theproper fund.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-23
Professional employees; confirmation of appointment
Sec. 23. The board of each city health department shall confirmthe appointment of professional employees who are appointed by thehealth officers and who meet the qualification requirements of thelocal board for the respective professional employee positions.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-24
Annual budget; submission for approval
Sec. 24. The board of each city health department shall submit anannual budget to the city fiscal body for approval of the annualbudget at the regular time for consideration of annual budgets.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-25
Expenses appropriation; tax
Sec. 25. The fiscal body of the city shall annually make the
necessary appropriation for expenses of the full-time city healthdepartment even though the appropriation may exceed existinglimitations. However, the tax may not exceed one (1) mill on eachdollar ($1) of assessed valuation of taxable property in addition toother health appropriations.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-26
Emergency appropriations
Sec. 26. An appropriation may be made, as emergencyappropriations are made, to provide for the expenses of the operationof a full-time city health department, until appropriations are madeavailable by the next regular annual budget after the full-time cityhealth department has been authorized.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-27
Transfer of revenue by cities in certain counties to countycommunity health clinic
Sec. 27. (a) This section applies to each city having a populationof:
(1) more than twenty-eight thousand seven hundred (28,700)but less than twenty-nine thousand (29,000); or
(2) more than fifty-five thousand (55,000) but less thanfifty-nine thousand (59,000).
(b) Each year the fiscal officer of each city shall transfer to thecommunity health clinic located in the county in which the city islocated an amount equal to the revenue raised from a property taxrate of sixty-seven hundredths of one cent ($0.0067) for each onehundred dollars ($100) of assessed valuation of the taxable propertyin the city.
(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.130. Amended by P.L.6-1997,SEC.165; P.L.170-2002, SEC.102.