CHAPTER 4. CITY HEALTH DEPARTMENTS IN SECOND CLASS CITIES
IC 16-20-4
Chapter 4. City Health Departments in Second Class Cities
IC 16-20-4-1
Application of chapter
Sec. 1. This chapter applies to city health departments in second
class cities.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-2
City health department defined
Sec. 2. As used in this chapter, "city health department" means a
city health department in a second class city. The term includes a
full-time local health department under this chapter.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-3
Formation and establishment
Sec. 3. Formation and establishment of a city health department
is subject to the approval of the city fiscal body.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-4
Jurisdiction in city with full-time health department
Sec. 4. A county or multiple county health board and the board's
officers do not have jurisdiction in any city having a full-time city
health department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-5
Authority of second class city to establish full-time city health
department; exception in certain counties
Sec. 5. (a) Except as provided in subsection (b), the legislative
body of a second class city may by resolution provide for a full-time
city health department.
(b) A local official, city legislative body, city fiscal body, or
county may not establish a full-time or part-time city health
department 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).
(c) 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.87-1994, SEC.8;
P.L.95-1994, SEC.2; P.L.170-2002, SEC.101.
IC 16-20-4-6
Health board membership; qualifications
Sec. 6. The city health departments provided for by this chapter
shall be managed by a board of health consisting of seven (7)
members appointed by the city executive, not more than four (4) of
whom belong to the same political party. At least three (3) of the
members must be licensed physicians. At least one (1) of the
members must be a licensed veterinarian.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-7
Terms of office; vacancies
Sec. 7. (a) All members of the board shall be appointed for a term
of four (4) years except that of the first appointees. The initial terms
are as follows:
(1) One (1) shall serve for a period of two (2) years.
(2) Two (2) shall serve for a period of three (3) years.
(3) Four (4) shall serve for a term of four (4) years.
(b) At the expiration of the respective terms, appointments shall
be made to fill the vacancies for the following four (4) years.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-8
Vacancy; candidate list; qualifications
Sec. 8. (a) Whenever a vacancy occurs on a board, the city 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) Health care administration.
(4) Pharmacology.
(5) Dentistry.
(6) Veterinary medicine.
(7) Engineering.
(8) Environmental science.
(9) Social work.
(10) Legal profession.
(11) School administration.
(b) The list must include at least one (1) licensed physician. When
filling a vacancy, the appointing authority may select from the list
provided by the city board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-9
Removal; grounds
Sec. 9. A member of a city board of health may be removed by 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 in a calendar
year.
(3) Fails to perform the statutory duties of the office.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-10
Conflicts of interest
Sec. 10. An individual who has a vested interest or may gain
financially from any activity of the city health department or policy
decision of the board is ineligible to serve on a city board of health.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-11
Organizational meeting; officers
Sec. 11. The board of each full-time city health department shall,
immediately after appointment, meet and organize by electing a
chairman, vice chairman, and other officers the board considers
necessary.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-12
Election meeting; regular meetings; special meetings
Sec. 12. (a) The board of each city health department shall hold
a meeting in January of each year, at which meeting officers shall be
elected for the following calendar year.
(b) The board shall hold regular meetings quarterly in January,
April, July, and October.
(c) The board shall hold special meetings:
(1) on a written request signed by three (3) members and filed
with the local health officer; or
(2) on request of the health officer.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-13
Powers and duties
Sec. 13. A board of health that manages a city health department
under this chapter has the powers and duties prescribed for all health
boards.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-14
Procedural rules
Sec. 14. The board of each city health department may adopt
procedural rules for the board's own guidance and as are necessary
or desirable to protect, promote, or improve public health or to
control disease not inconsistent with state statutes and rules of the
state department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-15
Offices and equipment
Sec. 15. The board of each city health department shall provide,
equip, and maintain suitable offices, facilities, and appliances for the
health department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-16
Officers and employees; duties; compensation; approval
Sec. 16. (a) The board of each city health department shall
prescribe the duties of all officers and employees.
(b) The board shall fix compensation of all officers and
employees. However, in counties having joint city-county full-time
health departments, the prescription of duties and fixing of
compensation is subject to prior approval by the city legislative body
and the county executive of cities and counties maintaining the
department.
(c) The city board of health may recommend compensation for
any officer or employee of the board subject to approval by the city
fiscal body.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-17
Annual report; contents
Sec. 17. The board of each city health department shall publish
annually in pamphlet form, within ninety (90) days after the second
Tuesday in January, for free distribution, an annual report showing
the following:
(1) As of January 1 of that year, 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
city health department as the board considers to be of general
interest.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-18
Communicable disease control; inspections
Sec. 18. (a) The board of each city health department has the
responsibility and authority to take any action authorized by state
statute or rule of the state department to control communicable
diseases.
(b) The board of each city health department or a designated
representative may make sanitary and health inspections that are
necessary to carry out the purposes of this chapter.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-19
Disease control powers and duties
Sec. 19. The board of each city health department shall do the
following:
(1) Investigate the existence of any contagious or infectious
disease.
(2) Adopt measures, not inconsistent with the rules of the state
department, to arrest the progress of contagious or infectious
disease.
(3) Make all necessary sanitary and health investigations and
inspections.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-20
Health officers; qualifications; term of office
Sec. 20. (a) The board of each city health department shall appoint
a health officer. The appointment is subject to the approval of the
city legislative body.
(b) The health officer is the executive officer for the department
and shall serve as secretary of the local board.
(c) The health officer must meet the following conditions:
(1) Be a citizen of the United States.
(2) Be a licensed physician or be eligible for such a license.
(d) A health officer serves a term of four (4) years unless removed
for cause as provided in this title.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-21
Employment of personnel
Sec. 21. A city health officer may appoint and employ the
professional, clerical, and other employees that are necessary and
reasonable to carry out and perform the duties of the department.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-22
Department expenses and salaries; payment; authorization
Sec. 22. The board of each city health department shall authorize
payment of salaries and all other department expenses from the
proper fund.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-23
Professional employees; confirmation of appointment
Sec. 23. The board of each city health department shall confirm
the appointment of professional employees who are appointed by the
health officers and who meet the qualification requirements of the
local board for the respective professional employee positions.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-24
Annual budget; submission for approval
Sec. 24. The board of each city health department shall submit an
annual budget to the city fiscal body for approval of the annual
budget at the regular time for consideration of annual budgets.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-25
Expenses appropriation; tax
Sec. 25. The fiscal body of the city shall annually make the
necessary appropriation for expenses of the full-time city health
department even though the appropriation may exceed existing
limitations. However, the tax may not exceed one (1) mill on each
dollar ($1) of assessed valuation of taxable property in addition to
other health appropriations.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-26
Emergency appropriations
Sec. 26. An appropriation may be made, as emergency
appropriations are made, to provide for the expenses of the operation
of a full-time city health department, until appropriations are made
available by the next regular annual budget after the full-time city
health department has been authorized.
As added by P.L.2-1993, SEC.3.
IC 16-20-4-27
Transfer of revenue by cities in certain counties to county
community health clinic
Sec. 27. (a) This section applies to each city having a population
of:
(1) more than twenty-eight thousand seven hundred (28,700)
but less than twenty-nine thousand (29,000); or
(2) more than fifty-five thousand (55,000) but less than
fifty-nine thousand (59,000).
(b) Each year the fiscal officer of each city shall transfer to the
community health clinic located in the county in which the city is
located an amount equal to the revenue raised from a property tax
rate of sixty-seven hundredths of one cent ($0.0067) for each one
hundred dollars ($100) of assessed valuation of the taxable property
in the city.
(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.130. Amended by P.L.6-1997,
SEC.165; P.L.170-2002, SEC.102.