CHAPTER 1. POWERS AND DUTIES OF LOCAL HEALTH DEPARTMENTS
IC 16-20
ARTICLE 20. LOCAL HEALTH DEPARTMENTS
IC 16-20-1
Chapter 1. Powers and Duties of Local Health Departments
IC 16-20-1-1
Application; limited area
Sec. 1. (a) Powers and duties described in this chapter and
IC 16-20-8 apply to all local health officers and local health boards.
However, this article does not apply to a county that is subject to
IC 16-22-8.
(b) The powers and jurisdiction of a local health officer or local
board are limited to the area in which the officer or board serves.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-2
Operation as local government agency
Sec. 2. A local health department shall operate as an agency of
local government administratively responsible to the appropriate
county or city executive.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-3
Procedural rules
Sec. 3. The board of each local health department may adopt
procedural rules for the board's guidance and to establish
administrative and personnel policies of the local health department
that are consistent with the administrative operating policy of the
appointing authority.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-4
Board organization and officers
Sec. 4. The board of each local health department shall,
immediately after appointment, meet and organize. The board shall
elect a chairman, vice chairman, and other officers the board
considers necessary.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-5
Annual budget
Sec. 5. The board of each local health department shall submit an
annual budget to the county executive, county fiscal body, and city
fiscal body concerned with approval of the budget at the regular time
for consideration of annual budgets.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-6
Offices and equipment
Sec. 6. The board of each local health department shall provide,
equip, and maintain suitable offices, facilities, and appliances for the
health department.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-7
Annual report
Sec. 7. The board of each local health department shall publish in
pamphlet form, within ninety (90) days after January 1, for free
distribution, an annual report for the previous year showing the
following:
(1) The amount of money received from all sources.
(2) The name of any donor.
(3) How all money has been expended and for what purpose.
(4) Other statistics and information concerning the work of the
health department that the board considers to be of general
interest.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-8
Health and planning services contracts
Sec. 8. (a) The board of each local health department may enter
into contract with the state department, other local boards of health,
other units of government, a private individual, or a corporation for
the provision of health services within the board's jurisdiction. The
private contracts are subject to approval of the county executive or
city executive.
(b) A local board of health, a county executive, or a city fiscal
body may contract with or purchase from any individual,
organization, limited liability company, partnership, or corporation
planning services considered essential to the development of an
effective community health program.
As added by P.L.2-1993, SEC.3. Amended by P.L.8-1993, SEC.250.
IC 16-20-1-9
Duties of officers and employees
Sec. 9. The board of each local health department shall prescribe
the duties of all officers and employees.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-10
Records; minutes
Sec. 10. The local health officer shall keep full and permanent
records of the public health work of the local health department and
minutes of all meetings of the board of the local health department.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-11
Monthly reports; approval; permanent records
Sec. 11. The local health officer shall make a monthly report of
the work done by the local health department to the board of the local
health department. After the report is approved by the board, the
local health officer shall make the report a permanent record.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-12
Activities reports to state department
Sec. 12. Reports of local health department activities shall be
made to the state department, as required by the rules of the state
department.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-13
Local health officer or representative; consultative meetings with
state department; expenses
Sec. 13. (a) The local health officer or a representative of all
county or city boards of health shall attend meetings of the state
department, when requested by the state department, for consultation
concerning any matter concerning public health.
(b) The expenses of the local health officer or representative must
be paid out of the health fund of the county or the city where the
board of health is established, in an amount determined by the local
board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-14
Personnel; delegation of duties on the basis of agent-principal
relation; water well inspections
Sec. 14. (a) Local health officers may appoint and employ public
health nurses, environmental health specialists, computer
programmers, clerks, other personnel, and an administrator of public
health, subject to the confirmation of the local board of health, as is
necessary and reasonable to carry out and perform the duties of the
local health department.
(b) Except as provided in subsection (d), the employees of local
health departments shall perform any of the duties of the health
officer delegated by the health officer, with the approval of the local
board of health, on the basis of an agent-principal relation.
(c) The public health personnel of local health departments:
(1) must meet the minimum qualification requirements of the
local board of health;
(2) by local ordinance, become part of the county classification
system for the respective public health personnel positions; and
(3) shall perform additional duties prescribed by the rules of the
state department and local board of health under the general
supervision of the local health officer.
(d) If an appointee or employee of a local health officer is not a
licensed water well driller under IC 25-39-3, the appointee or
employee may not inspect the drilling of a water well.
As added by P.L.2-1993, SEC.3. Amended by P.L.105-1999, SEC.1;
P.L.121-2007, SEC.1; P.L.134-2008, SEC.9.
IC 16-20-1-15
Compensation
Sec. 15. (a) The board of city health departments shall recommend
and the city fiscal body shall fix the compensation of employees of
the city health department.
(b) The county fiscal body shall fix the compensation of the
employees of county health departments, in the manner provided by
IC 36-2-5 or IC 36-3-6, after consideration of the recommendations
of the local board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-16
Salaries and expenses; authorized payment
Sec. 16. The board of each local health department shall authorize
payment of salaries and all other department expenses from the
proper fund.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-17
Vital statistics; birth and death records
Sec. 17. (a) The local health officer shall collect, record, and
report to the state department the vital statistics for the local health
officer's area of jurisdiction.
(b) The local health officer shall be the registrar of births and
deaths. After making a birth or death record, the local health officer
shall, by the fourth day of each month, forward the original record to
the state department.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-18
Financial assistance; approval
Sec. 18. A health officer may, on behalf of the local board of
health, receive financial assistance from an individual, an
organization, or the state or federal government. The financial
assistance must be approved by the county executive or city fiscal
body and the local board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-19
Enforcement
Sec. 19. Local health officers shall enforce the health laws,
ordinances, orders, rules, and regulations of the officer's own and
superior boards of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-20
Proposed rules and ordinances; fiscal impact statement
Sec. 20. A proposed rule of the state department or a local board
of health mandating additional or revised local services must include
a general fiscal impact statement of the rule or ordinance.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-21
Communicable disease control; powers
Sec. 21. Each local health board has the responsibility and
authority to take any action authorized by statute or rule of the state
department to control communicable diseases. The board of each
local health department or a designated representative may make
sanitary and health inspections to carry out this chapter and
IC 16-20-8.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-22
Sanitary inspections and surveys of public buildings and
institutions
Sec. 22. Local health officers may make sanitary inspections and
surveys of all public buildings and institutions.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-23
Inspection of private property; property in which officer has
interest
Sec. 23. (a) Except as provided in subsection (b), the local health
officer or the officer's designee may enter upon and inspect private
property, at proper times after due notice, in regard to the possible
presence, source, and cause of disease. The local health officer or
designee may order what is reasonable and necessary for prevention
and suppression of disease and in all reasonable and necessary ways
protect the public health.
(b) However, a local health officer, or a person acting under the
local health officer, shall not inspect property in which the local
health officer has any interest, whether real, equitable, or otherwise.
Any such inspection or any attempt to make such inspection is
grounds for removal as provided for in this article.
(c) This section does not prevent inspection of premises in which
a local health officer has an interest if the premises cannot otherwise
be inspected. If the premises cannot otherwise be inspected, the
county health officer shall inspect the premises personally.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-24
Epidemic control; powers
Sec. 24. (a) Local health officers may order schools and churches
closed and forbid public gatherings when considered necessary to
prevent and stop epidemics.
(b) An individual who takes action under this section shall comply
with state laws and rules.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-25
Unlawful conditions; abatement order; enforcement
Sec. 25. (a) A person shall not institute, permit, or maintain any
conditions that may transmit, generate, or promote disease.
(b) A health officer, upon hearing of the existence of such
unlawful conditions within the officer's jurisdiction, shall order the
abatement of those conditions. The order must:
(1) be in writing if demanded;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
(c) If a person refuses or neglects to obey an order issued under
this section, the attorney representing the county of the health
jurisdiction where the offense occurs shall, upon receiving the
information from the health officer, institute proceedings in the
courts for enforcement. An order may be enforced by injunction. If
the action concerning public health is a criminal offense, a law
enforcement authority with jurisdiction over the place where the
offense occurred shall be notified.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-26
Injunctive enforcement; legal representation of health authorities
Sec. 26. (a) A local board of health or local health officer may
enforce the board's or officer's orders by an action in the circuit or
superior court. In the action, the court may enforce the order by
injunction.
(b) The county attorney in which a local board of health or local
health officer has jurisdiction shall represent the local health board
and local health officer in the action unless the county executive
employs other legal counsel or the matter has been referred through
law enforcement authorities to the prosecuting attorney.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-27
Service fees; disposition
Sec. 27. The board of each local health department may, with the
approval of the county or city executive, establish and collect fees for
specific services and records established by local ordinances and
state law. However, fees may not exceed the cost of services
provided. The fees shall be accounted for and transferred to the
health fund of the taxing jurisdiction.
As added by P.L.2-1993, SEC.3.
IC 16-20-1-28
Removal of local health officers; grounds; hearing rights
Sec. 28. (a) A local health officer may be removed only for failure
to:
(1) perform the officer's statutory duties; or
(2) enforce the rules of the state department.
(b) Except as provided in IC 16-19-3-12, IC 16-19-3-13, and
IC 16-19-3-15, a local health officer may be removed only by the
board that appointed the health officer.
(c) When removal of a local health officer is sought by the
appointing authority, the local health officer is entitled to the
following:
(1) At least five (5) days notice.
(2) An open hearing.
(3) Representation by counsel.
As added by P.L.2-1993, SEC.3.