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