Ind. Code ch. 16-20-2

in effect

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-1 part.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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 eighty-five thousand (185,000) and less than two hundred thousand (200,000) 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 eighty-five thousand (185,000) and less than two hundred thousand (200,000) 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 eighty-five thousand (185,000) and less than two hundred thousand (200,000) is void. [Pre-1993 Recodification Citation: 16-1-3.8-1 part.] 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; P.L.119-2012, SEC.124; P.L.104-2022, SEC.101.

Ind. Code § 16-20-2-2.5 Legalization of certain health ordinances by Tippecanoe County adopted after December 31, 1993, and before March 11, 1994

Sec. 2.5. A health ordinance adopted by the county executive of Tippecanoe County that: (1) was adopted after December 31, 1993, and before March 11, 1994; and (2) applies to the entire county; is legalized. As added by P.L.220-2011, SEC.312. Amended by P.L.119-2012, SEC.125.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-2.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-2-4 Composition of board based on county population

Sec. 4. (a) For a county with a population of less than two hundred thousand (200,000), 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. (b) For a county with a population of at least two hundred thousand (200,000), a local board of health is composed of nine (9) members, not more than five (5) of whom may be from the same political party. [Pre-1993 Recodification Citation: 16-1-3.8-3.] As added by P.L.2-1993, SEC.3. Amended by P.L.164-2023, SEC.22.

Ind. Code § 16-20-2-5 Membership selection criteria

Sec. 5. (a) For a county with a population of at least two hundred thousand (200,000), the members of a local board of health shall be chosen as follows: (1) Five (5) persons knowledgeable in clinical and public health, at least two (2) of whom are licensed physicians, and appointed by the county executive. The other 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. (K) A physician assistant licensed under IC 25-27.5. (L) A public health professional, including an epidemiologist. (2) One (1) representative of the general public, appointed by the county executive. (3) One (1) individual appointed by the county fiscal body who either: (A) has public health knowledge; or (B) is a member of the general public. (4) Two (2) representatives appointed by the county executive, one (1) each from a list of three (3) recommendations from each executive of the county's two (2) most populous municipalities in the county of individuals described in subdivision (1)(B) through (1)(K). (b) For a county with a population of less than two hundred thousand (200,000), the members of a local board of health shall be chosen as follows: (1) Five (5) persons knowledgeable in clinical and public health, at least one (1) of whom is a physician, and appointed by the county executive. The other appointees may be any of the following: (A) A physician licensed under IC 25-22.5. (B) A registered nurse licensed under IC 25-23. (C) A registered pharmacist licensed under IC 25-26. (D) A dentist licensed under IC 25-14. (E) A hospital administrator. (F) A social worker. (G) An attorney with expertise in health matters. (H) A school superintendent. (I) A veterinarian licensed under IC 25-38.1. (J) A professional engineer registered under IC 25-31. (K) An environmental scientist. (L) A physician assistant licensed under IC 25-27.5. (M) A public health professional, including an epidemiologist. (2) One (1) person who either has public health knowledge or is a member of the general public, and is appointed by the county fiscal body. (3) One (1) person appointed by the county executive from a list of three (3) recommendations by the executive of the most populous municipality in the county of individuals described in subdivision (1)(C) through (1)(M). [Pre-1993 Recodification Citation: 16-1-3.8-4.] As added by P.L.2-1993, SEC.3. Amended by P.L.2-2008, SEC.39; P.L.164-2023, SEC.23.

Ind. Code § 16-20-2-6 Repealed

[Pre-1993 Recodification Citations: 16-1-3.8-5(a); 16-1-3.8-7(a) part.] As added by P.L.2-1993, SEC.3. Repealed by P.L.164-2023, SEC.24.

Ind. Code § 16-20-2-7 Repealed

[Pre-1993 Recodification Citation: 16-1-3.8-5(b), (c).] As added by P.L.2-1993, SEC.3. Amended by P.L.191-1995, SEC.1; P.L.170-2002, SEC.99; P.L.119-2012, SEC.126; P.L.5-2017, SEC.1; P.L.104-2022, SEC.102. Repealed by P.L.164-2023, SEC.25.

Ind. Code § 16-20-2-8 Removal of members

Sec. 8. (a) This subsection applies to a member of a local board of health who is appointed by the county executive. An individual who is appointed a member of a local board of health serves at the pleasure of the county executive as long as the county executive that appointed the member retains all of the same members who served on the body when the individual was appointed. (b) In addition, any member of a local board of health may be removed by the board member's 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. [Pre-1993 Recodification Citation: 16-1-3.8-5(d).] As added by P.L.2-1993, SEC.3. Amended by P.L.40-2026, SEC.4.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-6.] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-2-10 Terms; seven member board

Sec. 10. (a) This section applies to a seven (7) member board appointed under section 5(b) of this chapter. (b) All members of a local board of health shall be appointed for a term of four (4) years. Each member serves until a successor is appointed and qualified. (c) 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. [Pre-1993 Recodification Citation: 16-1-3.8-7(a) part, (b).] As added by P.L.2-1993, SEC.3. Amended by P.L.219-2021, SEC.7; P.L.40-2026, SEC.5.

Ind. Code § 16-20-2-10.5 Terms; nine member board

Sec. 10.5. (a) This section applies to a nine (9) member local board of health appointed under section 5(a) of this chapter. (b) Notwithstanding any other provision of this chapter, the term of a board member appointed before January 1, 2027, terminates on December 31, 2026. (c) After December 31, 2026, members shall be appointed to the following initial staggered terms: (1) One (1) member shall be appointed under section 5(a)(3) of this chapter to a one (1) year term. (2) Two (2) physician members shall be appointed under section 5(a)(1) of this chapter to two (2) year terms. (3) Three (3) other members shall be appointed under section 5(a)(1) of this chapter to three (3) year terms. (4) One (1) member shall be appointed under section 5(a)(2) of this chapter to a three (3) year term. (5) Two (2) members shall be appointed under section 5(a)(4) of this chapter to four (4) year terms. (c) All subsequent appointments of members shall be for four (4) year terms. Each member serves until a successor is appointed and qualified. As added by P.L.40-2026, SEC.6.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-7(c).] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-7(d).] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-7(e).] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-8(a) part.] As added by P.L.2-1993, SEC.3.

Ind. Code § 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. [Pre-1993 Recodification Citation: 16-1-3.8-8(a) part, (b).] As added by P.L.2-1993, SEC.3.

Ind. Code § 16-20-2-16 Health officer; appointment; certification; reappointment; duties

Sec. 16. (a) Each local board of health shall appoint a health officer that meets the requirements of IC 16-20-1-9.5 to serve for a term of four (4) years. The health officer serves until a successor is appointed and qualified. (b) The appointment of a local health officer is subject to the approval of the appropriate county legislative body. If the appropriate county legislative body fails to approve a nominated individual on two (2) separate occasions, the individual is barred from further consideration for the position. (c) 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. (d) The health officer is eligible for reappointment. (e) The health officer is the executive officer of the local health department and shall serve as secretary of the local board of health. (f) If a local board of health wants to employ a local health officer who is not a physician, but meets the requirements of IC 16-20-1-9.5(a)(2), the local board of health must do the following: (1) Obtain the approval of the county executive. (2) Upon obtaining the approval under subdivision (1), submit a request to the executive board of the state department for approval to employ the individual. The request must detail how the county or jurisdiction plans to ensure the appropriate clinical oversight for any provided medical services. (g) The executive board of the state department shall determine whether to approve a request under subsection (f)(2) based on the needs of the requesting county or jurisdiction and the qualifications of the individual. (h) A local health officer may be appointed to serve simultaneously more than one (1) local board of health. [Pre-1993 Recodification Citation: 16-1-3.8-9.] As added by P.L.2-1993, SEC.3. Amended by P.L.219-2021, SEC.8; P.L.164-2023, SEC.26.

Ind. Code § 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. (e) Money in the fund at the end of a fiscal year does not revert to the county's general fund. [Pre-1993 Recodification Citation: 16-1-3.8-10.] As added by P.L.2-1993, SEC.3. Amended by P.L.164-2023, SEC.27.

Ind. Code § 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 eighty-five thousand (185,000) and less than two hundred thousand (200,000). (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; P.L.119-2012, SEC.127; P.L.104-2022, SEC.103.

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