Ind. Code ch. 16-20-1

in effect

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-1.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-1-7(c).] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-25.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-15.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-17.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-18.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-7 Annual report

Sec. 7. (a) The board of each local health department shall submit to the state department 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. (b) The state department shall make the annual reports described in subsection (a) available to the public. [Pre-1993 Recodification Citation: 16-1-4-20.] As added by P.L.2-1993, SEC.3. Amended by P.L.164-2023, SEC.17.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-22.] As added by P.L.2-1993, SEC.3. Amended by P.L.8-1993, SEC.250.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-19 part.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-9.5 Local health officer qualifications; training

Sec. 9.5. (a) In order to serve as the local health officer, an individual must: (1) be a physician licensed under IC 25-22.5; or (2) have at least: (A) a master's degree in public health; and (B) five (5) years of experience in public health; and be approved in accordance with IC 16-20-2-16. (b) Beginning July 1, 2023, any individual listed in subsection (a) who is newly appointed to the position of a local health officer shall complete a public health foundation training course developed and approved by the state department. As added by P.L.164-2023, SEC.18.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-5.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-6.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-12 Applicability; identification of metrics; spending of funds; waiver; report; no transfer of authority; posting of positions to the public

Sec. 12. (a) This section applies to a local health department in a county where the county executive has voted to receive additional funding to provide core public health services. (b) Before July 1, 2023, the state department shall identify state level metrics for measuring the delivery of the core public health services and progress on preventing or reducing the prevalence of health issues impacting Indiana residents. Before December 31, 2024, the state department shall, in coordination with local health departments in a county described in subsection (a), identify the county level metrics for measuring the delivery of the core public health services. (c) Except as provided in subsection (d), the local board of health shall spend the additional funds for core public health services as follows: (1) At least sixty percent (60%) on the following core public health services: (A) Communicable disease prevention and control. (B) Vital statistics. (C) Supporting student health as set forth in IC 16-18-2-79.5(14). (D) Child fatality review. (E) Suicide and overdose fatality review. (F) Maternal and child health. (G) Testing and counseling for HIV, hepatitis C, and other sexually transmitted infections, in accordance with IC 20-30-5-13. (H) Tuberculosis control and case management. (I) Emergency preparedness. (J) Referrals to clinical care as set forth in IC 16-18-2-79.5(22). (K) The prevention and reduction of chronic illnesses. (L) Screening and case management for childhood lead exposure and poisoning. (M) Health promotion and education for preventing trauma and injury. (N) Access to childhood and adult immunizations. (2) Not more than forty percent (40%) on the following core public health services: (A) Food protection. (B) Pest and vector control and abatement. (C) Inspection and testing of public and semipublic pools. (D) Residential onsite sewage system permitting and inspections. (E) Orders for the decontamination of property used to illegally manufacture a controlled substance. (F) Sanitary inspections and surveys of public buildings. (G) Sanitary operation of tattoo parlors and body piercing facilities. (H) Sanitary operations of facilities where eyelash extensions are applied. (d) A local health department may request a waiver from the percentage requirements set forth in subsection (c) if the following are met: (1) The local health department files a written waiver request with the state department in a manner prescribed by the state department. (2) The state department shall consider the waiver request submitted under subdivision (1). If the state department approves the waiver request, the state department shall notify the budget committee of any waiver that the state department approves and include a review of the waiver. (e) Each local health department that provides core public health services shall report, using de-identified, aggregate data, the activities and metrics on the delivery of the core public health services to the state department semi-annually, in the form and manner determined by the state department. (f) The state department shall: (1) collect and analyze the information reported to the state department under subsection (e); and (2) before July 1, 2024, develop and publish on the Internet a web page that tracks the metrics identified in subsection (b) and indicates any progress made in these metrics. (g) The state department shall provide a report annually on the information collected in subsection (e) to the legislative council in an electronic format under IC 5-14-6. (h) The state department shall annually present the metrics determined under this section to the budget committee. (i) A county that accepts additional funding to provide core public health services does not transfer any authority under statute in operating the local health department to the state department in return for the additional funding. (j) Before a local health department may hire or contract for the provision or administration of core public health services, the local health department shall post the position or contract to the public for at least thirty (30) days. [Pre-1993 Recodification Citation: 16-1-4-7.] As added by P.L.2-1993, SEC.3. Amended by P.L.164-2023, SEC.19; P.L.213-2025, SEC.151.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-14.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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, subject to approval by the county executive, hire requisite staff to complete and discharge 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. [Pre-1993 Recodification Citation: 16-1-4-21.] 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; P.L.164-2023, SEC.20.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-19 part.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-23.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-4.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-3.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-19 Enforcement; appealable

Sec. 19. (a) Local health officers shall enforce the health laws, ordinances, orders, rules, and regulations of the officer's own and superior boards of health. (b) Any enforcement action taken under subsection (a) in response to: (1) a declared local public health emergency determined by a local health department or local health officer; or (2) a disaster emergency declared by the governor under IC 10-14-3-12; is appealable under IC 16-20-5.5. [Pre-1993 Recodification Citation: 16-1-4-2(a).] As added by P.L.2-1993, SEC.3. Amended by P.L.219-2021, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-2(b).] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-26.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-21.3 Education provided before administering vaccine

Sec. 21.3. Before administering a vaccine, a local health department must provide education on the following: (1) The immunization data registry under IC 16-38-5, including information concerning exclusion from the registry. (2) The Vaccine Adverse Event Reporting System maintained by the federal Centers for Disease Control and Prevention and the federal Food and Drug Administration. (3) The Countermeasures Injury Compensation Program (42 CFR Part 110). (4) The National Vaccine Injury Compensation Program (42 U.S.C. 300aa-10 et seq.). As added by P.L.164-2023, SEC.21.

Ind. Code § 16-20-1-21.5 Local orders less stringent; approval of local order if more stringent or addressing declared emergency

Sec. 21.5. (a) This section applies only if the governor has declared an emergency under IC 10-14-3. (b) As used in this section, "executive order" refers to an executive order issued by the governor under IC 10-14-3. (c) As used in this section, "legislative body" means the following: (1) Except as provided in subdivision (2), the board of county commissioners for a county operating a county health department under IC 16-20-2 or participating in a multiple county health department under IC 16-20-3. (2) The county council for a county that is subject to IC 36-2-3.5. (3) The common council, for a city (as defined in IC 36-1-2-3) that operates a city health department under IC 16-20-4. (d) As used in this section, "local order" refers to the health laws, ordinances, orders, rules, and regulations of a board of health under this chapter. (e) If a local order addresses any aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order. (f) If a local order addresses any aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows: (1) If the local order is issued by the health department of a county, the local order must be approved by the county legislative body. (2) If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order. (3) If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is: (A) approved by the mayor; or (B) passed over the mayor's veto by a two-thirds (2/3) vote. (g) A legislative body may approve a local order under subsection (f) at a meeting called to deal with an emergency as long as notice of the meeting is provided in accordance with IC 5-14-1.5-5(d). As added by P.L.219-2021, SEC.4.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-8.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-23 Inspection of private property by local health officer; consent by owner; exceptions; court order; property in which officer has interest

Sec. 23. (a) Upon: (1) showing official identification; and (2) except as provided in subsection (b), receiving consent of the owner or occupant of the premises; a local health officer or the officer's designee may enter any premises at any reasonable time and inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing that may be reasonably necessary to determine compliance with public health laws and rules and for the prevention and suppression of disease. (b) A local health officer or the officer's designee shall obtain the consent of the owner or the occupant of the premises under subsection (a), except as provided in any of the following circumstances: (1) Subject to subsection (c), the local health officer or the officer's designee obtains an order from a circuit or superior court in the jurisdiction where the premises is located to authorize the inspection, investigation, evaluation, testing, or taking of specimens or samples for testing. (2) An emergency condition that poses an imminent and serious threat to the health of an individual or the public and the local health officer or the officer's designee believes that a delay could result in a greater health risk. (3) Entry by a local health officer or the officer's designee to a public place or an area in plain and open view to determine compliance with public health laws and rules. (4) Entry under the terms and conditions of a license issued by the local health department at any reasonable time if reasonably necessary to determine compliance with public health laws and rules and the terms and conditions of the license. (c) A court described in subsection (b)(1) may issue an order to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing if the court finds that the local health officer or the officer's designee, by oath or affirmation, provided reliable information establishing the violation of a public health law or rule at the premises. (d) However, a local health officer, or the officer's designee, 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. (e) 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. [Pre-1993 Recodification Citation: 16-1-4-9.] As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.

Ind. Code § 16-20-1-23.5 Inspection authority

Sec. 23.5. A local health department, including the health and hospital corporation created under IC 16-22-8, may conduct an inspection permitted under IC 16-42-1-13(b). As added by P.L.96-2026, SEC.17.

Ind. Code § 16-20-1-24 Epidemic control; powers

Sec. 24. (a) Local health officers may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics. (b) A local health officer may order a religious organization closed only if the order complies with IC 10-14-3-12.5 through IC 10-14-3-12.7. (c) An individual who takes action under this section shall comply with state laws and rules. [Pre-1993 Recodification Citation: 16-1-4-10.] As added by P.L.2-1993, SEC.3. Amended by P.L.99-2021, SEC.8.

Ind. Code § 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 receiving a complaint asserting the existence of unlawful conditions described in subsection (a) within the officer's jurisdiction, shall document the complaint as provided in subsection (d). Upon verifying the information contained in the complaint, the health officer shall order the abatement of those conditions. The order must: (1) be in writing; (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. (d) A complaint made under subsection (b) must include adequate details to allow the health officer to verify the existence of the unlawful conditions that are the subject of the complaint. A health officer shall provide a copy of a complaint upon request to the person who is the subject of the complaint. [Pre-1993 Recodification Citation: 16-1-4-11.] As added by P.L.2-1993, SEC.3. Amended by P.L.97-2012, SEC.16; P.L.292-2013, SEC.10; P.L.174-2021, SEC.15.

Ind. Code § 16-20-1-26 Enforcement; approval of legislative body before filing certain actions; court action; recipient of enforcement action

Sec. 26. (a) Except as provided in subsection (b), a local board of health or local health officer may enforce the board's or officer's orders, citations, and administrative notices by an action in the circuit or superior court. (b) This subsection only applies to an enforcement action described in IC 16-20-5.5-2(a). A local board of health or local health officer may not file an action under subsection (a) to enforce an order, citation, or administrative notice unless the appropriate legislative body under IC 16-20-5.5-1 has authorized the local board of health or local health officer to file the action. (c) The court may take any appropriate action in a proceeding under this section, including any of the following: (1) Issuing an injunction. (2) Entering a judgment. (3) Issuing an order and conditions under IC 16-41-9. (4) Ordering the suspension or revocation of a license. (5) Ordering an inspection. (6) Ordering that a property be vacated. (7) Ordering that a structure be demolished. (8) Imposing a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10). (9) Imposing court costs and fees under IC 33-37-4-2 and IC 33-37-5. (10) Ordering the respondent to take appropriate action in a specified time to comply with the order of the local board of health or local health officer. (11) Ordering a local board of health or local health officer to take appropriate action to enforce an order within a specified time. (d) 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, local board of health, or health and hospital corporation employs other legal counsel or the matter has been referred through law enforcement authorities to the prosecuting attorney. (e) A recipient of any enforcement action described in section 19(b) of this chapter may: (1) appeal the enforcement action under IC 16-20-5.5; or (2) bring an action directly in the circuit or superior court. However, a recipient who brings an action directly in the circuit or superior court waives the right to appeal under IC 16-20-5.5, and any appeal under IC 16-20-5.5 that is pending at the time the recipient files an action in the circuit or superior court is dismissed by operation of law. [Pre-1993 Recodification Citation: 16-1-4-13.] As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.2; P.L.219-2021, SEC.5.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-4-24.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-1-28 Removal of local health officers; grounds; hearing rights

Sec. 28. (a) A local health officer may be removed only for one (1) of the following reasons: (1) A failure to perform the officer's statutory duties. (2) A failure to enforce the rules of the state department. (3) Other good cause. (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. [Pre-1993 Recodification Citation: 16-1-4-12.] As added by P.L.2-1993, SEC.3. Amended by P.L.219-2021, SEC.6.

Ind. Code § 16-20-1-29 Rights of employees of local health department under prior law

Sec. 29. (a) The employees of a local health department under IC 16-1-5 (before its repeal), IC 16-1-6 (before its repeal), or IC 16-1-7 (before its repeal) become employees of the local health department established under IC 16-1-3.8 (before its repeal, now codified at IC 16-20-2) or IC 16-1-3.9 (before its repeal, now codified at IC 16-20-3) under P.L.40-1989. (b) P.L.40-1989 does not affect the vacation, sick leave, insurance, or retirement benefits acquired by an employee of a local health department under IC 5-10.3, IC 16-1-5 (before its repeal), IC 16-1-6 (before its repeal), or IC 16-1-7 (before its repeal). As added by P.L.220-2011, SEC.310.

Ind. Code § 16-20-1-30 Rights of employees of city-county health departments in Allen County under prior law

Sec. 30. (a) An individual who was an employee of a city-county health department in Allen County under IC 16-1-7-16 (before its repeal) on December 31, 1985, is entitled to the benefits relating to vacation, sick leave, insurance, and clothing allowance permitted under IC 16-1-7-16 (before its repeal). (b) The benefits provided under subsection (a) are subject to satisfactory job performance. As added by P.L.220-2011, SEC.311. Amended by P.L.104-2022, SEC.100.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026