IC 16-19-3
Chapter 3. Powers and Duties of State Department of Health and
Executive Board
IC 16-19-3-0.5 "Mobile camp"
Sec. 0.5. As used in this chapter, "mobile camp" has the meaning
set 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 of
the citizens of Indiana and shall possess all powers necessary to
fulfill the duties prescribed in the statutes and to bring action in the
courts 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, and
maintain branch offices. The number of branch offices shall be
determined by the state department.
(b) The purpose of authorizing the creation of branch offices is to
furnish a more comprehensive and effective health program to the
people of Indiana and to provide additional assistance to all local
health officials. The legislative intent of this section is to authorize
the establishment of branch offices as a means of assisting, but not
limiting, 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 be
constructed upon property not owned in fee simple by the state. All
deeds and leases shall be made to the state for the use of the state
department. These procedures and powers shall be exercised under
IC 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 a
majority of its members, adopt reasonable rules on behalf of the state
department 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 where
jurisdiction is in the water pollution control board and
department 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 diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the
conduct of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for 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 to
regulate 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 to
regulate 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 food
establishments
Sec. 4.3. Upon a showing of good cause, the executive board may
grant 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 health
officers
Sec. 4.4. (a) The executive board shall adopt reasonable rules
under IC 4-22-2 necessary to protect the health, safety, and welfare
of persons living in mobile camps, including provisions relating to
sanitary conditions, light, air, safety protection from fire hazards,
equipment, maintenance, and operation of the camp, sewage disposal
through septic tank absorption fields, and other matters appropriate
for the security of the life and health of occupants.
(b) The rules adopted under subsection (a) shall be enforced by
local 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 all
the expenses incurred in the process of conducting inspections
of a mobile camp, to be paid by the railroad company operating
the 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 in
the general fund of the local health department or the municipal
corporation.
(3) A requirement that the railroad company, after the departure
of the mobile camp, restore the property upon which the mobile
camp existed to its condition before the arrival of the mobile
camp.
(4) A provision that the officials of the local health department
or the municipal corporation referenced in subdivision (2) may
conduct either:
(A) independent inspections of the mobile camp without the
presence of the railroad company or a union representative;
or
(B) joint inspections of the mobile camp with the presence
of the railroad company and a union representative of each
craft 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 state
department for the efficient enforcement of this title, except as
otherwise provided. However, fees for inspections relating to weight
and 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 inconsistent
with 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 guidelines
concerning the safety of children during bad weather conditions.
(b) The guidelines adopted under subsection (a) must include a
listing of places that are safe during the following types of weather
conditions:
(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 National
Weather Service issues an advisory, a watch, or a warning.
(c) The guidelines adopted under subsection (a) must cover the
following types of events and places where children may be exposed
to weather conditions:
(1) Schools and activities organized by schools.
(2) Child care centers and child care homes licensed under
IC 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 the
department of education, which shall then distribute the
guidelines 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 inspections
and surveys throughout Indiana and of all public buildings and
institutions.
(b) The state department may make indoor air quality inspections
of all public buildings and institutions that are occupied by an agency
of 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 of
infectious and contagious diseases and the possible cause and source
of 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 rules
concerning the character and location of plumbing, drainage, water
supply, disposal of sewage, lighting, heating, and ventilation and all
sanitary 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 do
what is reasonable and necessary for the prevention and suppression
of 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 churches
closed and forbid public gatherings when considered necessary to
prevent 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 or
abating 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 laws
and rules necessary to prevent and control the spread of
communicable or infectious disease declared to be dangerous to
the public health; or
(2) a public health emergency exists;
the state department may enforce the orders and rules of the state
department within the territorial jurisdiction of the local health
authorities. In that situation, the state department may exercise all the
powers given by law to local health authorities. All expenses
incurred are charges against the respective counties or cities.
(b) In such cases, the failure or refusal of any local health officer
or local health board to carry out and enforce the lawful orders and
rules of the state department is sufficient cause for the removal of the
local health officer or the members of the local health board from
office.
(c) Upon removal of a local health officer or a member of the
local health board, the proper county or city authorities shall
immediately appoint a successor, other than the person removed, as
provided 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 officer
in 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 department
concerning 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 state
department except under the procedure provided by law for the
removal of an officer or employee for cause by a state officer or
agency. As added by P.L.2-1993, SEC.2.
IC 16-19-3-15 Local health officers; removal from office; ineligibility to
reappointment; filling of vacancy
Sec. 15. A health officer removed as provided in this chapter is
ineligible to hold the position of health officer for four (4) years. The
vacancy shall be filled for the unexpired term in the same manner as
the 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 of
sanitary systems
Sec. 16. The state department may conduct hearings, issue orders,
and take action on behalf of the state for the enforcement of orders
as necessary to regulate the use of existing or proposed sanitary
systems that do not meet or would not meet health standards
established by the state department under law or rule as means, by
the use of the state department's police power, to abate or prevent the
pollution 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 be
held by the state department, the state department may designate a
person as the state department's agent or representative to conduct
the hearings. The agent or representative shall conduct the hearings
in 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 against
any person against whom a final order or determination has been
made to compel compliance. The court in such an action has
jurisdiction to enforce the order or determination by injunction.
(b) Except as otherwise provided, the state department may bring
an action to enforce this title, except as otherwise stated. Such an
action shall be brought in the name of the state. The court in such an
action has jurisdiction to compel or enforce the provisions of this
title by injunction. As added by P.L.2-1993, SEC.2.
IC 16-19-3-19 Vital statistics studies; death and sickness records; provision of
information to election division regarding deceased voters
Sec. 19. (a) The state department shall study the vital statistics
and endeavor to make intelligent and profitable use of the collected
records of death and sickness among the people.
(b) As required under 42 U.S.C. 15483, after January 1, 2006, the
department shall provide information to the election division to
coordinate the computerized list of voters maintained under
IC 3-7-26.3 with the department records concerning individuals
identified 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 and
personnel for investigation, research, and dissemination of
knowledge 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 certain
individuals in each individual's place of residence. Eligibility for
participation includes individuals who come within the purview of
the federal Social Security Act (42 U.S.C. 301 et seq.). The state
department and the designated local boards shall periodically
establish a schedule of reasonable fees for this service and shall
collect 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 answering
service
Sec. 22. (a) The state department shall maintain a toll-free
telephone answering service to provide information on safety
precautions and emergency procedures with regard to poisons.
(b) The telephone number shall be widely disseminated
throughout Indiana and shall be manned on a twenty-four (24) hour
per day basis.
(c) The telephone companies in Indiana, the state department, all
hospitals, and all other boards or commissions registering or
licensing health care professions or emergency medical services shall
cooperate in making the toll-free telephone number available to the
public. 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-free
telephone line to provide information, referral, follow-up, and
personal assistance concerning federal, state, local, and private
programs that provide services to children less than twenty-one (21)
years of age with long term health care needs. The state department
shall 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 long
term health care needs.
(b) The state department may adopt rules under IC 4-22-2 to
implement 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 Indiana
acquired 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 the
state department.
(b) Except as provided in this section, until the recipient of an
inspection report has had ten (10) calendar days to respond to the
inspection 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 inspection
report and records relating to the inspection earlier than the time
stated in subsection (b) if the state department determines that the
release is necessary to:
(1) protect the public from an imminent threat to health or
safety;
(2) protect the consumers of health services from an imminent
threat 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 inspection
report and records relating to the inspection earlier than the time
period 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 the
release of the inspection report and records relating to the
inspection.
(e) With respect to a recipient of an inspection performed by the
state department, the period of time described in subsection (b)
begins as follows:
(1) If the inspection report is personally delivered to the
recipient, on the date of delivery.
(2) If the inspection report is deposited in the United States
mail, three (3) days after the date of deposit in the United States
mail.
(f) After an inspection report is released under this section, the
inspection report and records relating to the inspection may be
inspected 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 Alliance
Foundation 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 auditor
of state under IC 9-18-2-16.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds are invested. Interest that accrues from
these investments shall be deposited in the fund.
(c) The state department shall administer the fund. Any expenses
incurred 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 for
the purpose of implementing an organ, tissue, and marrow registry
and to promote organ, tissue, and marrow donation.
(e) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall keep information regarding the identity of an individual
who has indicated a desire to make an organ or tissue donation
confidential.
(f) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall submit an annual report, including a list of all
expenditures, 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 under
IC 5-14-6.
(g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(h) This subsection applies if the Indiana Donation Alliance
Foundation or Donate Life Indiana loses its status as an organization
exempt from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code. The Indiana Donation Alliance Foundation
and Donate Life Indiana shall report in an electronic format under
IC 5-14-6 to the chairpersons of the senate standing committee, as
determined by the president pro tempore of the senate, and the house
standing committee, as determined by the speaker of the house of
representatives, that have subject matter jurisdiction over health
issues. The chairpersons shall review the report and recommend to
the state department whether to continue distributions under
subsection (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 of
plans 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 perform
satisfactorily as alternatives to currently operating systems that
do not perform satisfactorily because of soil characteristics, lot
sizes, 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 under
IC 4-22-2 to:
(1) promulgate the plans and specifications developed under
subsection (a); and
(2) allow for the issuance of operating permits for:
(A) residential septic systems that are installed in
compliance with the plans and specifications promulgated
under subdivision (1); and
(B) onsite residential sewage discharging disposal systems
in a county having a population of more than three hundred
thousand (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 trauma
care system; rule making authority
Sec. 28. (a) The state department is the lead agency for the
development, implementation, and oversight of a statewide
comprehensive 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 4-22-2
concerning the development and implementation of the following:
(1) A state trauma registry.
(2) Standards and procedures for trauma care level designation
of 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 available
for public inspection records of a coroner or designee denying
recovery of an anatomical gift as described in IC 36-2-14-22.6(f) and
IC 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 4-22-2
to implement the requirements set forth in IC 24-4-15 concerning
automated external defibrillators in health clubs. As added by P.L.129-2007, SEC.1.
IC 16-19-3
Chapter 3. Powers and Duties of State Department of Health and
Executive Board
IC 16-19-3-0.5 "Mobile camp"
Sec. 0.5. As used in this chapter, "mobile camp" has the meaning
set 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 of
the citizens of Indiana and shall possess all powers necessary to
fulfill the duties prescribed in the statutes and to bring action in the
courts 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, and
maintain branch offices. The number of branch offices shall be
determined by the state department.
(b) The purpose of authorizing the creation of branch offices is to
furnish a more comprehensive and effective health program to the
people of Indiana and to provide additional assistance to all local
health officials. The legislative intent of this section is to authorize
the establishment of branch offices as a means of assisting, but not
limiting, 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 be
constructed upon property not owned in fee simple by the state. All
deeds and leases shall be made to the state for the use of the state
department. These procedures and powers shall be exercised under
IC 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 a
majority of its members, adopt reasonable rules on behalf of the state
department 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 where
jurisdiction is in the water pollution control board and
department 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 diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the
conduct of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for 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 to
regulate 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 to
regulate 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 food
establishments
Sec. 4.3. Upon a showing of good cause, the executive board may
grant 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 health
officers
Sec. 4.4. (a) The executive board shall adopt reasonable rules
under IC 4-22-2 necessary to protect the health, safety, and welfare
of persons living in mobile camps, including provisions relating to
sanitary conditions, light, air, safety protection from fire hazards,
equipment, maintenance, and operation of the camp, sewage disposal
through septic tank absorption fields, and other matters appropriate
for the security of the life and health of occupants.
(b) The rules adopted under subsection (a) shall be enforced by
local 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 all
the expenses incurred in the process of conducting inspections
of a mobile camp, to be paid by the railroad company operating
the 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 in
the general fund of the local health department or the municipal
corporation.
(3) A requirement that the railroad company, after the departure
of the mobile camp, restore the property upon which the mobile
camp existed to its condition before the arrival of the mobile
camp.
(4) A provision that the officials of the local health department
or the municipal corporation referenced in subdivision (2) may
conduct either:
(A) independent inspections of the mobile camp without the
presence of the railroad company or a union representative;
or
(B) joint inspections of the mobile camp with the presence
of the railroad company and a union representative of each
craft 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 state
department for the efficient enforcement of this title, except as
otherwise provided. However, fees for inspections relating to weight
and 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 inconsistent
with 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 guidelines
concerning the safety of children during bad weather conditions.
(b) The guidelines adopted under subsection (a) must include a
listing of places that are safe during the following types of weather
conditions:
(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 National
Weather Service issues an advisory, a watch, or a warning.
(c) The guidelines adopted under subsection (a) must cover the
following types of events and places where children may be exposed
to weather conditions:
(1) Schools and activities organized by schools.
(2) Child care centers and child care homes licensed under
IC 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 the
department of education, which shall then distribute the
guidelines 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 inspections
and surveys throughout Indiana and of all public buildings and
institutions.
(b) The state department may make indoor air quality inspections
of all public buildings and institutions that are occupied by an agency
of 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 of
infectious and contagious diseases and the possible cause and source
of 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 rules
concerning the character and location of plumbing, drainage, water
supply, disposal of sewage, lighting, heating, and ventilation and all
sanitary 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 do
what is reasonable and necessary for the prevention and suppression
of 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 churches
closed and forbid public gatherings when considered necessary to
prevent 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 or
abating 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 laws
and rules necessary to prevent and control the spread of
communicable or infectious disease declared to be dangerous to
the public health; or
(2) a public health emergency exists;
the state department may enforce the orders and rules of the state
department within the territorial jurisdiction of the local health
authorities. In that situation, the state department may exercise all the
powers given by law to local health authorities. All expenses
incurred are charges against the respective counties or cities.
(b) In such cases, the failure or refusal of any local health officer
or local health board to carry out and enforce the lawful orders and
rules of the state department is sufficient cause for the removal of the
local health officer or the members of the local health board from
office.
(c) Upon removal of a local health officer or a member of the
local health board, the proper county or city authorities shall
immediately appoint a successor, other than the person removed, as
provided 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 officer
in 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 department
concerning 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 state
department except under the procedure provided by law for the
removal of an officer or employee for cause by a state officer or
agency. As added by P.L.2-1993, SEC.2.
IC 16-19-3-15 Local health officers; removal from office; ineligibility to
reappointment; filling of vacancy
Sec. 15. A health officer removed as provided in this chapter is
ineligible to hold the position of health officer for four (4) years. The
vacancy shall be filled for the unexpired term in the same manner as
the 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 of
sanitary systems
Sec. 16. The state department may conduct hearings, issue orders,
and take action on behalf of the state for the enforcement of orders
as necessary to regulate the use of existing or proposed sanitary
systems that do not meet or would not meet health standards
established by the state department under law or rule as means, by
the use of the state department's police power, to abate or prevent the
pollution 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 be
held by the state department, the state department may designate a
person as the state department's agent or representative to conduct
the hearings. The agent or representative shall conduct the hearings
in 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 against
any person against whom a final order or determination has been
made to compel compliance. The court in such an action has
jurisdiction to enforce the order or determination by injunction.
(b) Except as otherwise provided, the state department may bring
an action to enforce this title, except as otherwise stated. Such an
action shall be brought in the name of the state. The court in such an
action has jurisdiction to compel or enforce the provisions of this
title by injunction. As added by P.L.2-1993, SEC.2.
IC 16-19-3-19 Vital statistics studies; death and sickness records; provision of
information to election division regarding deceased voters
Sec. 19. (a) The state department shall study the vital statistics
and endeavor to make intelligent and profitable use of the collected
records of death and sickness among the people.
(b) As required under 42 U.S.C. 15483, after January 1, 2006, the
department shall provide information to the election division to
coordinate the computerized list of voters maintained under
IC 3-7-26.3 with the department records concerning individuals
identified 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 and
personnel for investigation, research, and dissemination of
knowledge 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 certain
individuals in each individual's place of residence. Eligibility for
participation includes individuals who come within the purview of
the federal Social Security Act (42 U.S.C. 301 et seq.). The state
department and the designated local boards shall periodically
establish a schedule of reasonable fees for this service and shall
collect 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 answering
service
Sec. 22. (a) The state department shall maintain a toll-free
telephone answering service to provide information on safety
precautions and emergency procedures with regard to poisons.
(b) The telephone number shall be widely disseminated
throughout Indiana and shall be manned on a twenty-four (24) hour
per day basis.
(c) The telephone companies in Indiana, the state department, all
hospitals, and all other boards or commissions registering or
licensing health care professions or emergency medical services shall
cooperate in making the toll-free telephone number available to the
public. 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-free
telephone line to provide information, referral, follow-up, and
personal assistance concerning federal, state, local, and private
programs that provide services to children less than twenty-one (21)
years of age with long term health care needs. The state department
shall 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 long
term health care needs.
(b) The state department may adopt rules under IC 4-22-2 to
implement 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 Indiana
acquired 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 the
state department.
(b) Except as provided in this section, until the recipient of an
inspection report has had ten (10) calendar days to respond to the
inspection 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 inspection
report and records relating to the inspection earlier than the time
stated in subsection (b) if the state department determines that the
release is necessary to:
(1) protect the public from an imminent threat to health or
safety;
(2) protect the consumers of health services from an imminent
threat 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 inspection
report and records relating to the inspection earlier than the time
period 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 the
release of the inspection report and records relating to the
inspection.
(e) With respect to a recipient of an inspection performed by the
state department, the period of time described in subsection (b)
begins as follows:
(1) If the inspection report is personally delivered to the
recipient, on the date of delivery.
(2) If the inspection report is deposited in the United States
mail, three (3) days after the date of deposit in the United States
mail.
(f) After an inspection report is released under this section, the
inspection report and records relating to the inspection may be
inspected 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 Alliance
Foundation 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 auditor
of state under IC 9-18-2-16.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds are invested. Interest that accrues from
these investments shall be deposited in the fund.
(c) The state department shall administer the fund. Any expenses
incurred 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 for
the purpose of implementing an organ, tissue, and marrow registry
and to promote organ, tissue, and marrow donation.
(e) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall keep information regarding the identity of an individual
who has indicated a desire to make an organ or tissue donation
confidential.
(f) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall submit an annual report, including a list of all
expenditures, 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 under
IC 5-14-6.
(g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(h) This subsection applies if the Indiana Donation Alliance
Foundation or Donate Life Indiana loses its status as an organization
exempt from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code. The Indiana Donation Alliance Foundation
and Donate Life Indiana shall report in an electronic format under
IC 5-14-6 to the chairpersons of the senate standing committee, as
determined by the president pro tempore of the senate, and the house
standing committee, as determined by the speaker of the house of
representatives, that have subject matter jurisdiction over health
issues. The chairpersons shall review the report and recommend to
the state department whether to continue distributions under
subsection (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 of
plans 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 perform
satisfactorily as alternatives to currently operating systems that
do not perform satisfactorily because of soil characteristics, lot
sizes, 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 under
IC 4-22-2 to:
(1) promulgate the plans and specifications developed under
subsection (a); and
(2) allow for the issuance of operating permits for:
(A) residential septic systems that are installed in
compliance with the plans and specifications promulgated
under subdivision (1); and
(B) onsite residential sewage discharging disposal systems
in a county having a population of more than three hundred
thousand (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 trauma
care system; rule making authority
Sec. 28. (a) The state department is the lead agency for the
development, implementation, and oversight of a statewide
comprehensive 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 4-22-2
concerning the development and implementation of the following:
(1) A state trauma registry.
(2) Standards and procedures for trauma care level designation
of 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 available
for public inspection records of a coroner or designee denying
recovery of an anatomical gift as described in IC 36-2-14-22.6(f) and
IC 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 4-22-2
to implement the requirements set forth in IC 24-4-15 concerning
automated external defibrillators in health clubs. As added by P.L.129-2007, SEC.1.
IC 16-19-3
Chapter 3. Powers and Duties of State Department of Health and
Executive Board
IC 16-19-3-0.5 "Mobile camp"
Sec. 0.5. As used in this chapter, "mobile camp" has the meaning
set 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 of
the citizens of Indiana and shall possess all powers necessary to
fulfill the duties prescribed in the statutes and to bring action in the
courts 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, and
maintain branch offices. The number of branch offices shall be
determined by the state department.
(b) The purpose of authorizing the creation of branch offices is to
furnish a more comprehensive and effective health program to the
people of Indiana and to provide additional assistance to all local
health officials. The legislative intent of this section is to authorize
the establishment of branch offices as a means of assisting, but not
limiting, 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 be
constructed upon property not owned in fee simple by the state. All
deeds and leases shall be made to the state for the use of the state
department. These procedures and powers shall be exercised under
IC 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 a
majority of its members, adopt reasonable rules on behalf of the state
department 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 where
jurisdiction is in the water pollution control board and
department 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 diseases
that affect public health.
(6) The care of maternity and infant cases and the conduct of
maternity homes.
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the
conduct of camps.
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
public use.
(11) The handling, disposal, disinterment, and reburial of dead
human bodies.
(12) Vital statistics.
(13) Sanitary conditions and facilities in public buildings and
grounds, including plumbing, drainage, sewage disposal, water
supply, lighting, heating, and ventilation, other than where
jurisdiction is vested by law in the fire prevention and building
safety commission or other state agency.
(14) The design, construction, and operation of swimming and
wading pools. However, the rules governing swimming and
wading pools do not apply to a pool maintained by an individual
for 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 to
regulate 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 to
regulate 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 food
establishments
Sec. 4.3. Upon a showing of good cause, the executive board may
grant 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 health
officers
Sec. 4.4. (a) The executive board shall adopt reasonable rules
under IC 4-22-2 necessary to protect the health, safety, and welfare
of persons living in mobile camps, including provisions relating to
sanitary conditions, light, air, safety protection from fire hazards,
equipment, maintenance, and operation of the camp, sewage disposal
through septic tank absorption fields, and other matters appropriate
for the security of the life and health of occupants.
(b) The rules adopted under subsection (a) shall be enforced by
local 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 all
the expenses incurred in the process of conducting inspections
of a mobile camp, to be paid by the railroad company operating
the 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 in
the general fund of the local health department or the municipal
corporation.
(3) A requirement that the railroad company, after the departure
of the mobile camp, restore the property upon which the mobile
camp existed to its condition before the arrival of the mobile
camp.
(4) A provision that the officials of the local health department
or the municipal corporation referenced in subdivision (2) may
conduct either:
(A) independent inspections of the mobile camp without the
presence of the railroad company or a union representative;
or
(B) joint inspections of the mobile camp with the presence
of the railroad company and a union representative of each
craft 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 state
department for the efficient enforcement of this title, except as
otherwise provided. However, fees for inspections relating to weight
and 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 inconsistent
with 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 guidelines
concerning the safety of children during bad weather conditions.
(b) The guidelines adopted under subsection (a) must include a
listing of places that are safe during the following types of weather
conditions:
(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 National
Weather Service issues an advisory, a watch, or a warning.
(c) The guidelines adopted under subsection (a) must cover the
following types of events and places where children may be exposed
to weather conditions:
(1) Schools and activities organized by schools.
(2) Child care centers and child care homes licensed under
IC 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 the
department of education, which shall then distribute the
guidelines 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 inspections
and surveys throughout Indiana and of all public buildings and
institutions.
(b) The state department may make indoor air quality inspections
of all public buildings and institutions that are occupied by an agency
of 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 of
infectious and contagious diseases and the possible cause and source
of 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 rules
concerning the character and location of plumbing, drainage, water
supply, disposal of sewage, lighting, heating, and ventilation and all
sanitary 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 do
what is reasonable and necessary for the prevention and suppression
of 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 churches
closed and forbid public gatherings when considered necessary to
prevent 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 or
abating 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 laws
and rules necessary to prevent and control the spread of
communicable or infectious disease declared to be dangerous to
the public health; or
(2) a public health emergency exists;
the state department may enforce the orders and rules of the state
department within the territorial jurisdiction of the local health
authorities. In that situation, the state department may exercise all the
powers given by law to local health authorities. All expenses
incurred are charges against the respective counties or cities.
(b) In such cases, the failure or refusal of any local health officer
or local health board to carry out and enforce the lawful orders and
rules of the state department is sufficient cause for the removal of the
local health officer or the members of the local health board from
office.
(c) Upon removal of a local health officer or a member of the
local health board, the proper county or city authorities shall
immediately appoint a successor, other than the person removed, as
provided 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 officer
in 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 department
concerning 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 state
department except under the procedure provided by law for the
removal of an officer or employee for cause by a state officer or
agency. As added by P.L.2-1993, SEC.2.
IC 16-19-3-15 Local health officers; removal from office; ineligibility to
reappointment; filling of vacancy
Sec. 15. A health officer removed as provided in this chapter is
ineligible to hold the position of health officer for four (4) years. The
vacancy shall be filled for the unexpired term in the same manner as
the 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 of
sanitary systems
Sec. 16. The state department may conduct hearings, issue orders,
and take action on behalf of the state for the enforcement of orders
as necessary to regulate the use of existing or proposed sanitary
systems that do not meet or would not meet health standards
established by the state department under law or rule as means, by
the use of the state department's police power, to abate or prevent the
pollution 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 be
held by the state department, the state department may designate a
person as the state department's agent or representative to conduct
the hearings. The agent or representative shall conduct the hearings
in 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 against
any person against whom a final order or determination has been
made to compel compliance. The court in such an action has
jurisdiction to enforce the order or determination by injunction.
(b) Except as otherwise provided, the state department may bring
an action to enforce this title, except as otherwise stated. Such an
action shall be brought in the name of the state. The court in such an
action has jurisdiction to compel or enforce the provisions of this
title by injunction. As added by P.L.2-1993, SEC.2.
IC 16-19-3-19 Vital statistics studies; death and sickness records; provision of
information to election division regarding deceased voters
Sec. 19. (a) The state department shall study the vital statistics
and endeavor to make intelligent and profitable use of the collected
records of death and sickness among the people.
(b) As required under 42 U.S.C. 15483, after January 1, 2006, the
department shall provide information to the election division to
coordinate the computerized list of voters maintained under
IC 3-7-26.3 with the department records concerning individuals
identified 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 and
personnel for investigation, research, and dissemination of
knowledge 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 certain
individuals in each individual's place of residence. Eligibility for
participation includes individuals who come within the purview of
the federal Social Security Act (42 U.S.C. 301 et seq.). The state
department and the designated local boards shall periodically
establish a schedule of reasonable fees for this service and shall
collect 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 answering
service
Sec. 22. (a) The state department shall maintain a toll-free
telephone answering service to provide information on safety
precautions and emergency procedures with regard to poisons.
(b) The telephone number shall be widely disseminated
throughout Indiana and shall be manned on a twenty-four (24) hour
per day basis.
(c) The telephone companies in Indiana, the state department, all
hospitals, and all other boards or commissions registering or
licensing health care professions or emergency medical services shall
cooperate in making the toll-free telephone number available to the
public. 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-free
telephone line to provide information, referral, follow-up, and
personal assistance concerning federal, state, local, and private
programs that provide services to children less than twenty-one (21)
years of age with long term health care needs. The state department
shall 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 long
term health care needs.
(b) The state department may adopt rules under IC 4-22-2 to
implement 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 Indiana
acquired 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 the
state department.
(b) Except as provided in this section, until the recipient of an
inspection report has had ten (10) calendar days to respond to the
inspection 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 inspection
report and records relating to the inspection earlier than the time
stated in subsection (b) if the state department determines that the
release is necessary to:
(1) protect the public from an imminent threat to health or
safety;
(2) protect the consumers of health services from an imminent
threat 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 inspection
report and records relating to the inspection earlier than the time
period 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 the
release of the inspection report and records relating to the
inspection.
(e) With respect to a recipient of an inspection performed by the
state department, the period of time described in subsection (b)
begins as follows:
(1) If the inspection report is personally delivered to the
recipient, on the date of delivery.
(2) If the inspection report is deposited in the United States
mail, three (3) days after the date of deposit in the United States
mail.
(f) After an inspection report is released under this section, the
inspection report and records relating to the inspection may be
inspected 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 Alliance
Foundation 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 auditor
of state under IC 9-18-2-16.
(b) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds are invested. Interest that accrues from
these investments shall be deposited in the fund.
(c) The state department shall administer the fund. Any expenses
incurred 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 for
the purpose of implementing an organ, tissue, and marrow registry
and to promote organ, tissue, and marrow donation.
(e) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall keep information regarding the identity of an individual
who has indicated a desire to make an organ or tissue donation
confidential.
(f) The Indiana Donation Alliance Foundation and Donate Life
Indiana shall submit an annual report, including a list of all
expenditures, 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 under
IC 5-14-6.
(g) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(h) This subsection applies if the Indiana Donation Alliance
Foundation or Donate Life Indiana loses its status as an organization
exempt from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code. The Indiana Donation Alliance Foundation
and Donate Life Indiana shall report in an electronic format under
IC 5-14-6 to the chairpersons of the senate standing committee, as
determined by the president pro tempore of the senate, and the house
standing committee, as determined by the speaker of the house of
representatives, that have subject matter jurisdiction over health
issues. The chairpersons shall review the report and recommend to
the state department whether to continue distributions under
subsection (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 of
plans 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 perform
satisfactorily as alternatives to currently operating systems that
do not perform satisfactorily because of soil characteristics, lot
sizes, 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 under
IC 4-22-2 to:
(1) promulgate the plans and specifications developed under
subsection (a); and
(2) allow for the issuance of operating permits for:
(A) residential septic systems that are installed in
compliance with the plans and specifications promulgated
under subdivision (1); and
(B) onsite residential sewage discharging disposal systems
in a county having a population of more than three hundred
thousand (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 trauma
care system; rule making authority
Sec. 28. (a) The state department is the lead agency for the
development, implementation, and oversight of a statewide
comprehensive 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 4-22-2
concerning the development and implementation of the following:
(1) A state trauma registry.
(2) Standards and procedures for trauma care level designation
of 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 available
for public inspection records of a coroner or designee denying
recovery of an anatomical gift as described in IC 36-2-14-22.6(f) and
IC 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 4-22-2
to implement the requirements set forth in IC 24-4-15 concerning
automated external defibrillators in health clubs. As added by P.L.129-2007, SEC.1.
