Ind. Code ch. 16-19-4

Ind. Code ch. 16-19-4
in effect

Ind. Code § 16-19-4-1 Commissioner as secretary, executive officer, appointing authority, and director

Sec. 1. (a) The state health commissioner, by virtue of the state health commissioner's office, is secretary and executive officer of the executive board. (b) The state health commissioner is the appointing authority and director of the state department. [Pre-1993 Recodification Citation: 16-1-2-3.] As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.3; P.L.9-2022, SEC.25; P.L.36-2022, SEC.2.

Ind. Code § 16-19-4-2 Commissioner; appointment; term; qualifications

Sec. 2. (a) The governor shall appoint the state health commissioner, who serves at the will and pleasure of the governor. (b) The state health commissioner must hold an unlimited license to practice medicine under IC 25-22.5. It is the intent of the general assembly that the office of the state health commissioner be held by a person who is qualified by training and experience to administer the affairs of the state department. [Pre-1993 Recodification Citation: 16-1-2-4.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-4-3 Commissioner; oath of office

Sec. 3. The state health commissioner shall take an oath of office before exercising the authority of the office of secretary or attending to full-time duties as the state health commissioner. [Pre-1993 Recodification Citation: 16-1-2-5(a).] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-4-4 Commissioner; employed physicians; ethics and conflicts of interest; practice of medicine

Sec. 4. (a) The state health commissioner and any physicians employed by the state department are governed in the performance of their official duties by IC 4-2-6 and IC 35-44.1-1-4 concerning ethics and conflict of interest. (b) To learn professional skills and to become familiar with new developments in the field of medicine, and except as provided in IC 16-42-27-2(f), the state health commissioner may, in an individual capacity as a licensed physician and not in an official capacity as state health commissioner, engage in the practice of medicine if the practice of medicine does not interfere with the performance of the state health commissioner's duties as state health commissioner. (c) The state health commissioner may designate in writing employees in the state department who are licensed as a physician and may engage in the practice of medicine outside of their official duties. [Pre-1993 Recodification Citation: 16-1-2-5(b).] As added by P.L.2-1993, SEC.2. Amended by P.L.126-2012, SEC.36; P.L.6-2016, SEC.2; P.L.130-2021, SEC.4; P.L.9-2022, SEC.26.

Ind. Code § 16-19-4-5 Commissioner; employed physicians; practice of medicine; liability of state

Sec. 5. (a) This section does not apply to the prescribing, dispensing, or issuance of a standing order for an overdose intervention drug under IC 16-42-27-2. (b) The state is not liable for any act performed by the state health commissioner or a physician employed by the state department for any medical care provided to a patient by the state health commissioner or a physician employed by the state department that is provided in an individual capacity as a licensed physician. [Pre-1993 Recodification Citation: 16-1-2-5(c).] As added by P.L.2-1993, SEC.2. Amended by P.L.6-2016, SEC.3; P.L.130-2021, SEC.5; P.L.9-2022, SEC.27.

Ind. Code § 16-19-4-6 Commissioner; salary

Sec. 6. The state health commissioner is entitled to receive a salary in an amount to be fixed by the governor and the state budget agency. [Pre-1993 Recodification Citation: 16-1-2-7.] As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.6.

Ind. Code § 16-19-4-7 Repealed

[Pre-1993 Recodification Citation: 16-1-2-8.] As added by P.L.2-1993, SEC.2. Repealed by P.L.100-2012, SEC.49.

Ind. Code § 16-19-4-8 Divisions and subdivisions

Sec. 8. (a) The state health commissioner may organize the personnel and functions of the state department into divisions and subdivisions to carry out the state health commissioner's powers and duties and the powers and duties of the state department. (b) The state health commissioner may periodically consolidate, divide, or abolish divisions and subdivisions as is necessary to carry out those powers and duties. [Pre-1993 Recodification Citation: 16-1-2-9.] As added by P.L.2-1993, SEC.2. Amended by P.L.130-2021, SEC.7.

Ind. Code § 16-19-4-10 Public health emergency declaration

Sec. 10. For purposes of IC 16-41-7.5, the commissioner is authorized to declare a public health emergency. As added by P.L.208-2015, SEC.7.

Ind. Code § 16-19-4-11 Standing order, prescription, or protocol; immunity

Sec. 11. (a) The state health commissioner or the commissioner's designated public health authority who is a licensed prescriber may, as part of the individual's official capacity, issue a standing order, prescription, or protocol that allows a pharmacist to administer or dispense any of the following: (1) An immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are not less than eleven (11) years of age. (2) A tobacco, vaping, or nicotine cessation product. However, the pharmacist must inform the patient that the patient must have a follow-up consultation with the patient's licensed prescriber. (b) This subsection does not apply to a pharmacist. The state health commissioner or the commissioner's designated public health authority who is a licensed prescriber may, as part of the individual's official capacity, issue a standing order, prescription, or protocol that allows an individual who is licensed, certified, or registered by a board (as defined in IC 25-1-9-1), and if within the individual's scope of practice, to administer or dispense an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are not less than eleven (11) years of age. (c) A standing order described in subsection (a), (b), or (e) must include the following: (1) The purpose of the order. (2) The eligible recipients. (3) The geographic area covered by the standing order. (4) The procedure for administering or dispensing the immunization or product. (5) A timeline for renewing or updating the standing order. (d) The state health commissioner or designated public health authority who issues a standing order, prescription, or protocol under subsection (a), (b), or (e) is immune from civil liability related to the issuing of the standing order, prescription, or protocol. (e) Notwithstanding subsection (a) and subsection (b), the state health commissioner or the commissioner's designated public health authority may issue a standing order, prescription, or protocol to administer or dispense an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are at least five (5) years of age. Nothing in this subsection authorizes the state health commissioner or the commissioner's designated public health authority to: (1) require an individual to receive an immunization for COVID-19; or (2) waive or otherwise allow a minor to receive an immunization without the consent of the parent or guardian as required under IC 16-36-1. This subsection expires at the conclusion of the federal public health emergency concerning COVID-19 that was renewed on October 15, 2021, or any subsequent renewal of the declared federal public health emergency concerning COVID-19. As added by P.L.96-2017, SEC.2. Amended by P.L.202-2017, SEC.1; P.L.218-2019, SEC.2; P.L.1-2022, SEC.4; P.L.96-2026, SEC.16.

Ind. Code § 16-19-4-12 Standing order for prescribing and dispensing hormonal contraceptives; requirements; immunity

Sec. 12. (a) Subject to IC 25-26-25, before September 1, 2023, the state health commissioner or the commissioner's designated public health authority who is a licensed prescriber shall, as part of the individual's official capacity, issue a standing order that allows a pharmacist to prescribe and dispense a hormonal contraceptive patch (as defined in IC 25-26-25-2) and a self-administered hormonal contraceptive (as defined in IC 25-26-25-3). (b) A standing order described in subsection (a) must comply with the requirements set forth under IC 25-26-25. (c) The state health commissioner or designated public health authority who issues a standing order under subsection (a) is immune from civil liability related to the issuing of the standing order. As added by P.L.154-2023, SEC.2.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/16Fetched: 10/17/2026

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