Ind. Code ch. 16-19-3

Ind. Code ch. 16-19-3
in effect

Ind. Code § 16-19-3-0.5 "Mobile camp"

Sec. 0.5. As used in this chapter, "mobile camp" has the meaning set forth in IC 8-9-10-1(a). As added by P.L.83-2007, SEC.5.

Ind. Code § 16-19-3-1 Supervision of health and life of citizens; necessary powers

Sec. 1. The state department shall supervise the health and life of the citizens of Indiana and shall possess all powers necessary to fulfill the duties prescribed in the statutes and to bring action in the courts for the enforcement of health laws and health rules. [Pre-1993 Recodification Citation: 16-1-3-2.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-2 Support to local health departments; technical support; funding

Sec. 2. (a) The state department may provide services to support local health departments. (b) The state department or contractor of the state department may make available technical support for the following services to local health departments that provide core public health services: (1) Epidemiology. (2) Data analytics. (3) Legal services. (4) Communications. (5) Grants. (6) Training. (7) Accreditation. (8) Assistance with reporting requirements, metric development, and metric tracking. The state department may provide additional technical support, as determined by the state department. (c) The legal services provided under subsection (b) are limited to technical support. A state department attorney may not represent a local health department as the local health department's counsel. (d) The state department may provide funding to local health departments to defray the costs of accreditation. [Pre-1993 Recodification Citation: 16-1-3-3.] As added by P.L.2-1993, SEC.2. Amended by P.L.164-2023, SEC.14.

Ind. Code § 16-19-3-3 Facilities for branch offices

Sec. 3. For the purpose of providing facilities for branch offices, the state department may, with the approval of the governor, purchase or lease real property. Structures may be remodeled, repaired, constructed, and maintained. A building may not be constructed upon property not owned in fee simple by the state. All deeds and leases shall be made to the state for the use of the state department. These procedures and powers shall be exercised under IC 4-13-2 where applicable. [Pre-1993 Recodification Citation: 16-1-3-4.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-4 Protection and improvement of public health; adoption of rules

Note: This version of section amended by P.L.163-2026, SEC.6, effective 7-1-2026. See also following version of this section amended by P.L.152-2026, SEC.217, effective 7-1-2027. Sec. 4. (a) Except as provided in IC 16-42-5.4, the executive board may, by an affirmative vote of a majority of its members, adopt reasonable rules under IC 4-22-2 on behalf of the state department to protect or to improve the public health in Indiana. (b) The rules may concern but are not limited to the following: (1) Nuisances dangerous to public health. (2) The pollution of any water supply other than where jurisdiction is in the environmental rules board and department of environmental management. (3) The disposition of excremental and sewage matter. (4) The control of fly and mosquito breeding places. (5) The detection, reporting, prevention, and control of diseases that affect public health. (6) The care of maternity and infant cases and the conduct of maternity homes. (7) The production, distribution, and sale of human food. (8) Except as provided in section 4.4 of this chapter, the conduct of camps. (9) Standards of cleanliness of eating facilities for the public. (10) Standards of cleanliness of sanitary facilities offered for public use. (11) The handling, disposal, disinterment, and reburial of dead human bodies. (12) Vital statistics. (13) Sanitary conditions and facilities in public buildings and grounds, including plumbing, drainage, sewage disposal, water supply, lighting, heating, and ventilation, other than where jurisdiction is vested by law in the fire prevention and building safety commission or other state agency. (14) The design, construction, and operation of swimming and wading pools. However, the rules governing swimming and wading pools do not apply to a pool maintained by an individual for the sole use of the individual's household and house guests. (15) Time temperature control for safety food. (c) The executive board shall adopt reasonable rules to regulate the following: (1) The sanitary operation of tattoo parlors. (2) The sanitary operation of body piercing facilities. (d) The executive board may adopt rules on behalf of the state department for the efficient enforcement of this title, except as otherwise provided. However, fees for inspections relating to weights and measures may not be established by the rules. (e) The executive board may declare that a rule described in subsection (d) is necessary to meet an emergency and adopt the rule under IC 4-22-2. (f) The rules of the state department may not be inconsistent with this title and or any other state law. (g) Rules adopted under subsection (b)(15) may not apply to a: (1) homestead vendor (as defined in IC 16-42-5.4-1); or (2) small farm (as defined in IC 16-42-5.4-4). [Pre-1993 Recodification Citations: 16-1-3-10 part; 16-1-3-13.] As added by P.L.2-1993, SEC.2. Amended by P.L.83-2007, SEC.6; P.L.113-2014, SEC.102; P.L.143-2022, SEC.14; P.L.93-2024, SEC.127; P.L.1-2025, SEC.182; P.L.163-2026, SEC.6.

Ind. Code § 16-19-3-4 Protection and improvement of public health; adoption of rules

Note: This version of section amended by P.L.152-2026, SEC.217, effective 7-1-2027. See also preceding version of this section amended by P.L.163-2026, SEC.6, effective 7-1-2026. Sec. 4. (a) The executive board may, by an affirmative vote of a majority of its members, adopt reasonable rules under IC 4-22-2 on behalf of the state department to protect or to improve the public health in Indiana. (b) The rules may concern but are not limited to the following: (1) Nuisances dangerous to public health. (2) The pollution of any water supply other than where jurisdiction is in the environmental rules board and department of environmental management. (3) The disposition of excremental and sewage matter. (4) The control of fly and mosquito breeding places. (5) The detection, reporting, prevention, and control of diseases that affect public health. (6) The care of maternity and infant cases and the conduct of maternity homes. (7) The production, distribution, and sale of human food. (8) Except as provided in section 4.4 of this chapter, the conduct of camps. (9) Standards of cleanliness of eating facilities for the public. (10) Standards of cleanliness of sanitary facilities offered for public use. (11) The handling, disposal, disinterment, and reburial of dead human bodies. (12) Vital statistics. (13) Sanitary conditions and facilities in public buildings and grounds, including plumbing, drainage, sewage disposal, water supply, lighting, heating, and ventilation, other than where jurisdiction is vested by law in the department of homeland security or other state agency. (14) The design, construction, and operation of swimming and wading pools. However, the rules governing swimming and wading pools do not apply to a pool maintained by an individual for the sole use of the individual's household and house guests. (c) The executive board shall adopt reasonable rules to regulate the following: (1) The sanitary operation of tattoo parlors. (2) The sanitary operation of body piercing facilities. (d) The executive board may adopt rules on behalf of the state department for the efficient enforcement of this title, except as otherwise provided. However, fees for inspections relating to weights and measures may not be established by the rules. (e) The executive board may declare that a rule described in subsection (d) is necessary to meet an emergency and adopt the rule under IC 4-22-2. (f) The rules of the state department may not be inconsistent with this title and or any other state law. [Pre-1993 Recodification Citations: 16-1-3-10 part; 16-1-3-13.] As added by P.L.2-1993, SEC.2. Amended by P.L.83-2007, SEC.6; P.L.113-2014, SEC.102; P.L.143-2022, SEC.14; P.L.93-2024, SEC.127; P.L.1-2025, SEC.182; P.L.152-2026, SEC.217.

Ind. Code § 16-19-3-4.3 Variances from rules regarding food handling or food establishments

Sec. 4.3. Upon a showing of good cause, the executive board may grant a variance from one (1) or more of the state rules concerning: (1) food handling machinery; or (2) sanitary standards for the operation of food establishments. As added by P.L.266-2001, SEC.8.

Ind. Code § 16-19-3-4.4 Mobile camps; adoption of rules; enforcement by local health officers

Sec. 4.4. (a) The executive board shall adopt reasonable rules under IC 4-22-2 necessary to protect the health, safety, and welfare of persons living in mobile camps, including provisions relating to sanitary conditions, light, air, safety protection from fire hazards, equipment, maintenance, and operation of the camp, sewage disposal through septic tank absorption fields, and other matters appropriate for the security of the life and health of occupants. (b) The rules adopted under subsection (a) shall be enforced by local health officers under IC 16-20-1-19 and IC 16-22-8-34(a)(23). (c) The rules must include the following: (1) A requirement for an inspection fee necessary to cover all the expenses incurred in the process of conducting inspections of a mobile camp, to be paid by the railroad company operating the mobile camp. (2) A provision that the inspection fee shall be paid to the: (A) local health department under IC 16-20-1-2; or (B) municipal corporation created under IC 16-22-8-6; before initiation of the inspection. The fee shall be deposited in the general fund of the local health department or the municipal corporation. (3) A requirement that the railroad company, after the departure of the mobile camp, restore the property upon which the mobile camp existed to its condition before the arrival of the mobile camp. (4) A provision that the officials of the local health department or the municipal corporation referenced in subdivision (2) may conduct either: (A) independent inspections of the mobile camp without the presence of the railroad company or a union representative; or (B) joint inspections of the mobile camp with the presence of the railroad company and a union representative of each craft of employees working for the railroad company. As added by P.L.83-2007, SEC.7. Amended by P.L.1-2010, SEC.71.

Ind. Code § 16-19-3-4.5 Adoption of rules concerning facilities where eyelash extensions are applied

Sec. 4.5. (a) As used in this section, "eyelash extensions" means strands of silk, mink, or another synthetic or natural material that are applied one (1) at a time and fixed to an individual's natural eyelashes. (b) The state department shall adopt reasonable rules to ensure the sanitary operation of facilities where eyelash extensions are applied as described in subsection (a). As added by P.L.55-2021, SEC.2.

Ind. Code § 16-19-3-5 Repealed

[Pre-1993 Recodification Citations: 16-1-3-22 part, Part new.] As added by P.L.2-1993, SEC.2. Amended by P.L.80-1999, SEC.1; P.L.140-2013, SEC.17. Repealed by P.L.143-2022, SEC.17.

Ind. Code § 16-19-3-6 Repealed

[Pre-1993 Recodification Citation: 16-1-3-14.] As added by P.L.2-1993, SEC.2. Repealed by P.L.143-2022, SEC.18.

Ind. Code § 16-19-3-7 Sanitary inspections and surveys; indoor air quality inspections; sanitation of public buildings and institutions; inspection of private property

Sec. 7. (a) The state department may make sanitary inspections and surveys throughout Indiana and of all public buildings and institutions. (b) The state department may make indoor air quality inspections of all public buildings and institutions that are occupied by an agency of state or local government. (c) The state department may enforce all laws and rules concerning the character and location of plumbing, drainage, water supply, disposal of sewage, lighting, heating, and ventilation and all sanitary features of all public buildings and institutions. (d) After due notice is given, the state department may enter upon and inspect private property in regard to the presence of cases of infectious and contagious diseases and the possible cause and source of diseases. [Pre-1993 Recodification Citation: 16-1-3-6.] As added by P.L.2-1993, SEC.2. Amended by P.L.104-2003, SEC.3; P.L.143-2022, SEC.20.

Ind. Code § 16-19-3-8 Repealed

[Pre-1993 Recodification Citation: 16-1-3-10 part.] As added by P.L.2-1993, SEC.2. Repealed by P.L.143-2022, SEC.21.

Ind. Code § 16-19-3-9 Quarantine

Sec. 9. The state department may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease. [Pre-1993 Recodification Citation: 16-1-3-7.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-10 Epidemics

Sec. 10. (a) The state department may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics. (b) The state department 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. [Pre-1993 Recodification Citation: 16-1-3-8.] As added by P.L.2-1993, SEC.2. Amended by P.L.99-2021, SEC.7.

Ind. Code § 16-19-3-11 Condemnation or abatement of conditions causative of disease

Sec. 11. The state department may issue an order condemning or abating conditions causative of disease. [Pre-1993 Recodification Citation: 16-1-3-9.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-12 Rules and regulations; enforcement; local health officers; removal

Sec. 12. (a) When, in the opinion of the state department: (1) a local health authority fails or refuses to enforce the laws and rules necessary to prevent and control the spread of communicable or infectious disease declared to be dangerous to the public health; or (2) a public health emergency exists; the state department may enforce the orders and rules of the state department within the territorial jurisdiction of the local health authorities. In that situation, the state department may exercise all the powers given by law to local health authorities. All expenses incurred are charges against the respective counties or cities. (b) In such cases, the failure or refusal of any local health officer or local health board to carry out and enforce the lawful orders and rules of the state department is sufficient cause for the removal of the local health officer or the members of the local health board from office. (c) Upon removal of a local health officer or a member of the local health board, the proper county or city authorities shall immediately appoint a successor, other than the person removed, as provided by law for original appointments. [Pre-1993 Recodification Citation: 16-1-3-16.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-13 Local health officers; removal from office; grounds

Sec. 13. The state department may remove a local health officer in the state for any of the following reasons: (1) Failure to collect vital statistics. (2) Failure to obey rules. (3) Failure to keep records. (4) Failure to make reports. (5) Failure to answer letters of inquiry of the state department concerning the health of the people. (6) Neglect of official duty. [Pre-1993 Recodification Citation: 16-1-3-17.] As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.22.

Ind. Code § 16-19-3-14 Local health officers; removal from office; procedure

Sec. 14. A local health officer may not be removed by the state department except under the procedure provided by law for the removal of an officer or employee for cause by a state officer or agency. [Pre-1993 Recodification Citation: 16-1-3-18.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-15 Local health officers; removal from office; ineligibility to reappointment; filling of vacancy

Sec. 15. A health officer removed as provided in this chapter is ineligible to hold the position of health officer for four (4) years. The vacancy shall be filled for the unexpired term in the same manner as the original appointment or employment. [Pre-1993 Recodification Citation: 16-1-3-19.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-16 Water pollution; proceedings to abate or prevent; regulation of sanitary systems

Sec. 16. The state department may conduct hearings, issue orders, and take action on behalf of the state for the enforcement of orders as necessary to regulate the use of existing or proposed sanitary systems that do not meet or would not meet health standards established by the state department under law or rule as means, by the use of the state department's police power, to abate or prevent the pollution of streams, rivers, lakes, and other bodies of water. [Pre-1993 Recodification Citation: 16-1-3-27.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-17 Hearings; agent or representative of department

Sec. 17. Whenever a hearing is provided for or authorized to be held by the state department, the state department may request that the office of administrative law proceedings designate a person as the state department's agent or representative to administer the proceeding. The agent or representative selected by the office of administrative law proceedings shall administer the proceeding in the manner provided by law. [Pre-1993 Recodification Citation: 16-1-3-21.] As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.23.

Ind. Code § 16-19-3-18 Enforcement proceedings; injunction

Sec. 18. (a) The state department may bring a proceeding against any person against whom a final order or determination has been made to compel compliance. The court in such an action has jurisdiction to enforce the order or determination by injunction. (b) Except as otherwise provided, the state department may bring an action to enforce this title, except as otherwise stated. Such an action shall be brought in the name of the state. The court in such an action has jurisdiction to compel or enforce the provisions of this title by injunction. [Pre-1993 Recodification Citation: 16-1-3-24.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-19 Vital statistics studies; provision of information to election division and FSSA concerning deceased individuals

Sec. 19. (a) The state department shall study the vital statistics and endeavor to make intelligent and profitable use of the collected records of death and sickness among the people. (b) As required under 52 U.S.C. 21083, after January 1, 2006, the department shall provide information to the following: (1) The election division to coordinate the computerized list of voters maintained under IC 3-7-26.3 with the department records concerning individuals identified as deceased under IC 3-7-45. (2) The office of the secretary of family and social services to determine whether a Medicaid recipient is identified as deceased for purposes of IC 12-15-1-24(c). [Pre-1993 Recodification Citation: 16-1-3-5.] As added by P.L.2-1993, SEC.2. Amended by P.L.209-2003, SEC.202; P.L.128-2015, SEC.237; P.L.126-2025, SEC.14.

Ind. Code § 16-19-3-20 Oral public health

Sec. 20. The state department shall provide facilities and personnel for investigation, research, and dissemination of knowledge to the public concerning oral public health. [Pre-1993 Recodification Citation: 16-1-3-11.] As added by P.L.2-1993, SEC.2. Amended by P.L.142-1995, SEC.5; P.L.143-2022, SEC.24.

Ind. Code § 16-19-3-21 Programs for residential care of certain individuals; eligibility; fees

Sec. 21. The state department may: (1) operate; and (2) designate local boards that qualify to operate; programs in the public interest, to provide for the care of certain individuals in each individual's place of residence. Eligibility for participation includes individuals who come within the purview of the federal Social Security Act (42 U.S.C. 301 et seq.). The state department and the designated local boards shall periodically establish a schedule of reasonable fees for this service and shall collect the fees as prescribed by IC 16-20-1-27. [Pre-1993 Recodification Citation: 16-1-3-28.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-22 Poisons; safety and emergency information; telephone answering service

Sec. 22. (a) The state department or the state department's designee shall maintain a toll-free telephone answering service to provide information on safety precautions and emergency procedures with regard to poisons. (b) The telephone number shall be widely disseminated throughout Indiana and shall be manned on a twenty-four (24) hour per day basis. (c) The telephone companies in Indiana, the state department, all hospitals, and all other boards or commissions registering or licensing health care professions or emergency medical services shall cooperate in making the toll-free telephone number available to the public. [Pre-1993 Recodification Citation: 16-1-3-29.] As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.25.

Ind. Code § 16-19-3-23 Health care programs; telephone information service

Sec. 23. (a) The state department shall maintain a toll-free telephone line to provide information, referral, follow-up, and personal assistance concerning federal, state, local, and private programs that provide the following: (1) Services to children less than twenty-one (21) years of age with long term health care needs. (2) Assistance to pregnant women to obtain prenatal care and other services to promote healthy women, babies, and families. (b) The state department shall provide the telephone service required in subsection (a) to the following: (1) Families with children having long term health care needs. (2) Pregnant women. (3) Health care providers. (4) Employees of state and local governmental entities. (5) Educators. (6) Other entities that provide services to children with long term health care needs. (c) The state department may adopt rules under IC 4-22-2 to implement this section. [Pre-1993 Recodification Citation: 16-1-3-30.] As added by P.L.2-1993, SEC.2. Amended by P.L.143-2022, SEC.26.

Ind. Code § 16-19-3-24 Acquired immune deficiency drug assistance program; administration

Sec. 24. The state department shall administer the Indiana acquired immune deficiency drug assistance program. [Pre-1993 Recodification Citation: 16-1-3-32.] As added by P.L.2-1993, SEC.2.

Ind. Code § 16-19-3-24.5 Administration of food and nutrition programs and money

Sec. 24.5. The state department shall administer food and nutrition programs and money received under 7 U.S.C. 612, 7 U.S.C. 7501 et seq., and 42 U.S.C. 9922 et seq. As added by P.L.156-2011, SEC.10.

Ind. Code § 16-19-3-25 Inspection report; guidelines for release to public

Sec. 25. (a) This section applies to inspections performed by the state department. (b) Except as provided in this section, until the recipient of an inspection report has had ten (10) calendar days to respond to the inspection report the state department may not release to the public: (1) the inspection report; or (2) records relating to the inspection. (c) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time stated in subsection (b) if the state department determines that the release is necessary to: (1) protect the public from an imminent threat to health or safety; (2) protect the consumers of health services from an imminent threat to health or safety; or (3) protect the public from a gross deception or fraud. (d) The state department shall release to the public an inspection report and records relating to the inspection earlier than the time period in subsection (b): (1) if the state department orders closure of a regulated entity; or (2) after receipt of the regulated entity's written consent to the release of the inspection report and records relating to the inspection. (e) With respect to a recipient of an inspection performed by the state department, the period of time described in subsection (b) begins as follows: (1) If the inspection report is personally delivered to the recipient, on the date of delivery. (2) If the inspection report is deposited in the United States mail, three (3) days after the date of deposit in the United States mail. (f) After an inspection report is released under this section, the inspection report and records relating to the inspection may be inspected and copied as set forth in IC 5-14-3. As added by P.L.190-1995, SEC.1.

Ind. Code § 16-19-3-26 Anatomical gift promotion fund; Indiana Donation Alliance Foundation and Donate Life Indiana report

Sec. 26. (a) The anatomical gift promotion fund is established. The fund consists of amounts distributed to the fund by the state comptroller under IC 9-18.1-3-9. (b) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds are invested. Interest that accrues from these investments shall be deposited in the fund. (c) The state department shall administer the fund. Any expenses incurred in administering the fund shall be paid from the fund. (d) The money in the fund shall be distributed quarterly to the Indiana Donation Alliance Foundation and Donate Life Indiana for the purpose of implementing an organ, tissue, and marrow registry and to promote organ, tissue, and marrow donation. However, money in the fund may not be distributed under this subsection for any quarter of a year until the annual report for the previous year has been submitted under subsection (f). (e) The Indiana Donation Alliance Foundation and Donate Life Indiana shall keep information regarding the identity of an individual who has indicated a desire to make an organ or tissue donation confidential. (f) The Indiana Donation Alliance Foundation and Donate Life Indiana shall submit an annual audited report, including a list of all expenditures, to the: (1) speaker of the house of representatives; (2) president pro tempore of the senate; (3) senate health and provider services committee; and (4) house public health committee; before February 1. The report must be in an electronic format under IC 5-14-6. (g) Money in the fund at the end of a state fiscal year does not revert to the state general fund. (h) This subsection applies if the Indiana Donation Alliance Foundation or Donate Life Indiana loses its status as an organization exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. The Indiana Donation Alliance Foundation and Donate Life Indiana shall report in an electronic format under IC 5-14-6 to the chairpersons of the senate standing committee, as determined by the president pro tempore of the senate, and the house standing committee, as determined by the speaker of the house of representatives, that have subject matter jurisdiction over health issues. The chairpersons shall review the report and recommend to the state department whether to continue distributions under subsection (d). As added by P.L.96-1997, SEC.3. Amended by P.L.63-2000, SEC.2; P.L.131-2001, SEC.1; P.L.81-2002, SEC.2; P.L.3-2004, SEC.1; P.L.147-2007, SEC.3; P.L.154-2012, SEC.2; P.L.86-2014, SEC.2; P.L.257-2017, SEC.44; P.L.9-2024, SEC.371.

Ind. Code § 16-19-3-27 Department study of septic system technologies; development of plans and specifications; rules

Sec. 27. (a) The state department shall: (1) study the use of: (A) recirculation media filters; (B) aeration treatment units; (C) drip irrigation; (D) gravelless trenches; and (E) new technologies; for residential onsite sewage systems that will cause systems to perform satisfactorily as alternatives to currently operating systems that do not perform satisfactorily because of soil characteristics, lot sizes, topographical conditions, or high water tables; and (2) take all actions necessary to develop plans and specifications for use of the technologies listed in subdivision (1) in residential onsite sewage systems. (b) The executive board shall adopt reasonable rules under IC 4-22-2 to: (1) promulgate the plans and specifications developed under subsection (a); and (2) allow for the issuance of operating permits for: (A) residential onsite sewage systems that are installed in compliance with the plans and specifications promulgated under subdivision (1); and (B) onsite residential sewage discharging disposal systems in a county that complies with IC 13-18-12-9. As added by P.L.172-2002, SEC.6. Amended by P.L.104-2022, SEC.99; P.L.56-2023, SEC.146; P.L.160-2024, SEC.1; P.L.1-2025, SEC.183.

Ind. Code § 16-19-3-27.5 "Technology new to Indiana"; technical review panel; duties; members; applications for approval of TNI; approval of site specific plans for residential or commercial applications; residential onsite sewage systems unfamiliar to local health department

Sec. 27.5. (a) As used in this section and section 27.8 of this chapter, "technology new to Indiana" (referred to in this section as "TNI") means sewage treatment or disposal methods, processes, or equipment that are not described in the administrative rules of the state department or the executive board concerning residential onsite sewage systems (410 IAC 6-8.3) or commercial onsite sewage systems (410 IAC 6-10.1). (b) The state department shall establish and maintain a technical review panel consisting of individuals with technical or scientific knowledge relating to onsite sewage systems. The technical review panel: (1) shall decide under subsection (f) whether to approve: (A) proprietary residential wastewater treatment devices; and (B) proprietary commercial wastewater treatment devices; for general use in Indiana; (2) shall biannually review the performance of residential onsite sewage systems and commercial onsite sewage systems; (3) shall assist the state department in developing standards and guidelines for proprietary residential wastewater treatment devices and proprietary commercial wastewater treatment devices; (4) shall assist the executive board and the state department in updating rules adopted under section 4 of this chapter concerning residential onsite sewage systems and commercial onsite sewage systems; and (5) may exercise the powers granted by section 27.7 of this chapter. (c) The technical review panel shall include the following: (1) A member of the staff of the state department, who shall serve as the chair. (2) A local health department environmental health specialist appointed by the governor. (3) An Indiana professional engineer registered under IC 25-31-1 representing the American Council of Engineering Companies. (4) A representative of the Indiana Builders Association. (5) An Indiana registered professional soil scientist (as defined in IC 25-31.5-1-6) representing the Indiana Registry of Soil Scientists. (6) A representative of an Indiana college or university with a specialty in engineering, soil science, environmental health, or biology appointed by the governor. (7) A representative of the Indiana Onsite Wastewater Professionals Association. (8) An Indiana onsite sewage system contractor appointed by the governor. (9) A representative of the Indiana State Building and Construction Trades Council. All members of the technical review panel are voting members, except the member described in subdivision (1). (d) In the case of a tie vote of the technical review panel, the following shall occur: (1) If the tie vote is in regard to a county, city, or town ordinance concerning residential onsite sewage systems: (A) the technical review panel shall send the ordinance back to the county, city, or town not more than seven (7) days after the day of the tie vote; (B) the county, city, or town may revise and resubmit the ordinance; and (C) if the ordinance is revised and resubmitted, the technical review panel shall consider the revised ordinance at its next meeting. (2) If the tie vote is in regard to a matter not described in subdivision (1), the technical review panel shall, not more than seven (7) days after the day of the tie vote: (A) contact the applicant by phone call and by mail; and (B) request more information or provide an explanation of how the applicant can modify the application to make it more complete. The technical review panel shall review any new information provided by the applicant and vote again on the application not more than thirty (30) days after receiving the information. (e) The technical review panel shall do the following: (1) Receive applications for the approval of TNI for general use in: (A) residential onsite sewage systems under sections 4 and 27 of this chapter and IC 16-41-25; and (B) commercial onsite sewage systems under sections 4 and 27 of this chapter and IC 16-19-3.5. (2) Meet monthly as needed to assist the executive board and the state department as described in subsection (b)(4) and to review applications described in subdivision (1). (3) Notify each person who submits an application described in subdivision (1): (A) that the person's application has been received by the technical review panel; and (B) of whether the application is complete; not later than thirty (30) days after the technical review panel receives the application. (4) Inform each person who submits an application described in subdivision (1) of: (A) a tentative decision of the technical review panel; or (B) the technical review panel's final decision under subsection (f); concerning the application not more than ninety (90) days after the technical review panel notifies the person under subdivision (3) that the panel has received the person's application. (f) In response to each application described in subsection (e)(1), the technical review panel shall make, and inform the applicant of, one (1) of the following final decisions: (1) That the TNI to which the application relates is approved for general use in Indiana. (2) That the TNI to which the application relates is approved for use in Indiana with certain conditions, which may include: (A) a requirement that the TNI be used initially only in a pilot project; (B) restrictions on the number or type of installations of the TNI; (C) sampling and analysis requirements for TNI involving or comprising a secondary treatment system; (D) requirements relating to training concerning the TNI; (E) requirements concerning the operation and maintenance of the TNI; or (F) other requirements. (3) That the TNI to which the application relates is approved on a project-by-project basis. (4) That the TNI is not approved for use in Indiana, which must be accompanied by a statement of the reason for the decision. (g) If the technical review panel makes a decision under subsection (f)(4) that the TNI is not approved for use in Indiana, the applicant may: (1) submit a new application to the technical review panel under this section; or (2) file a petition for review of the technical review panel's decision under IC 4-21.5-3. (h) If the technical review panel fails to notify a person who submits an application of the technical review panel's tentative decision or final recommendation within ninety (90) days after receiving the application as required by subsection (e)(4), the person who submitted the application may use the TNI to which the application relates in a single residential onsite sewage system or commercial onsite sewage system, as if the TNI had been approved only for use in a pilot project. (i) The technical review panel shall decide that the TNI to which an application relates is approved for general use in Indiana if: (1) the TNI has been certified as meeting the NSF/ANSI 40 Standard; (2) a proposed Indiana design and installation manual for the TNI is submitted with the permit application; and (3) the technical review panel certifies that the proposed Indiana design and installation manual meets the vertical and horizontal separation, sizing, and soil loading criteria of the state department. (j) Subsection (k) applies if: (1) a particular TNI meets the requirements of NSF/ANSI 40, NSF/ANSI 245, or NSF/ANSI 350; (2) the proposed Indiana design and installation manual for the TNI meets the vertical and horizontal separation, sizing, and soil loading criteria of the state department; and (3) an Indiana professional engineer registered under IC 25-31-1 prepares site specific plans for the use of the TNI for a residential or commercial application. (k) In a case described in subsection (j): (1) if the TNI is to be used in a residential application, the site specific plans prepared under subsection (j)(3), after being submitted to the local health department of the county, city, or multiple county unit in which the TNI would be installed, may be approved by the local health department within the period set forth in IC 16-41-25-1(a); and (2) if the TNI is to be used in a commercial application, the site specific plans prepared under subsection (j)(3) shall be approved by the state department upon submission of the site specific plans. (l) A local health department may not refuse an application for a permit for the construction or installation of a residential onsite sewage system (as defined in IC 16-41-25-0.4) solely because the residential onsite sewage system has not been used previously in the jurisdiction of the local health department or is unfamiliar to the local health department, if either of the following apply: (1) The residential onsite sewage system has been approved by the technical review panel under this section for general use in Indiana. (2) The residential onsite sewage system: (A) is based on one (1) or more sewage treatment or disposal methods or processes; or (B) incorporates equipment; approved by the technical review panel under this section for general use in Indiana. As added by P.L.261-2019, SEC.2. Amended by P.L.143-2022, SEC.27; P.L.167-2022, SEC.4; P.L.178-2022(ts), SEC.11; P.L.232-2023, SEC.4; P.L.151-2025, SEC.1.

Ind. Code § 16-19-3-27.6 Types of residential onsite sewage systems; use of a type of residential onsite sewage system approved in one local unit in another jurisdiction; approval and attestation by professionals; refusal to issue permit for certain types of systems in second jurisdiction prohibited

Sec. 27.6. (a) As used in this section, "type of residential onsite sewage system" means an onsite sewage system that: (1) has a particular design; (2) consists of particular components; and (3) is installed or constructed in a particular way. (b) For purposes of this section, the following are different types of residential onsite sewage systems: (1) A conventional septic system consisting of a septic tank and a gravel or stone soil absorption field. (2) A chamber system in which wastewater is piped from the septic tank to a series of connected chambers backfilled with soil. (3) A subsurface drip distribution system in which wastewater is pumped from the septic tank to a dose tank and then gradually delivered to drip laterals in the soil. (4) An aerobic treatment unit in which oxygen is injected into the wastewater to accelerate the biological processes used to treat the wastewater before being discharged to a soil absorption field. (5) A recirculating sand filter system in which wastewater flows from a septic tank to a pump chamber and then is recirculated through a sand filter before being discharged to a soil absorption field. (6) An evapotranspiration system that includes a drain field having a watertight liner and in which wastewater, after entering the drain field, evaporates into the air. (7) A constructed wetland system in which wastewater from a septic tank enters a wetland cell containing an impermeable liner, gravel, sand fill, and wetland plants that remove pathogens and nutrients from the wastewater before being discharged to a soil absorption field. (8) A sand-lined system in which wastewater flows from a septic tank to a combined treatment and dispersal soil absorption field containing piping laterals surrounded by sand. (c) If: (1) the local health department of a county, city, or multiple county unit has issued a permit for construction or installation of a type of residential onsite sewage system; (2) the use of the same type of residential onsite sewage system at a location in a different county, city, or multiple county unit has been approved by: (A) a professional engineer registered under IC 25-31-1; (B) a registered soil scientist (as defined in IC 25-31.5-1-7); (C) an individual or entity engaged in the business of constructing and installing residential onsite sewage systems; and (D) the designer of the system, if the system was designed by someone other than a person referred to in clause (A) or (C); and (3) all of the persons referred to in subdivision (2) attest that the same type of residential onsite sewage system, if constructed or installed at the location referred to in subdivision (2), would satisfy the requirements of the rule of the state department concerning residential onsite sewage systems; the local health department of the county, city, or multiple county unit referred to in subdivision (2) may not refuse to issue a permit for the construction or installation of a residential onsite sewage system of the type referred to in subdivisions (1), (2), and (3) at the location referred to in subdivision (2). As added by P.L.167-2022, SEC.5.

Ind. Code § 16-19-3-27.7 Process for updating all rules concerning residential onsite sewage systems

Sec. 27.7. (a) Subject to subsection (b), for all rules concerning residential and nonresidential onsite sewage systems, the state department shall update: (1) all matters incorporated by reference in the rules, including all bulletins, standards, and specifications incorporated by reference; and (2) all industry standard practices reflected in the rules; upon the recognition of new bulletins, standards, specifications, and industry standard practices that supersede the bulletins, standards, specifications, and industry standard practices incorporated by reference or otherwise reflected in the rules. (b) The technical review panel established under section 27.5(b) of this chapter: (1) may recognize and notify the state department of: (A) new bulletins, standards, and specifications; and (B) new industry standard practices; for the purposes of subsection (a); and (2) must approve updates described in subsection (a) before the state department may update the rules concerning residential and nonresidential onsite sewage systems under subsection (a). (c) Updates approved by the technical review panel described in subsection (b) and updated by the state department under subsection (a) must be adopted in accordance with IC 4-22-2. As added by P.L.232-2023, SEC.5. Amended by P.L.151-2025, SEC.2.

Ind. Code § 16-19-3-27.8 Adoption process for local residential onsite sewage system ordinances; removal of unenforceable ordinances adopted; technical review panel meeting restrictions

Sec. 27.8. (a) After June 30, 2023, a county, city, or town ordinance concerning residential onsite sewage systems that: (1) would restrict or prohibit the use of technology new to Indiana that is approved for general use in Indiana under section 27.5 of this chapter; or (2) would otherwise vary from the rules concerning residential onsite sewage systems, including rules updated under section 27.7 of this chapter; is subject to this section. (b) After adopting an ordinance described in subsection (a), the county, city, or town must submit the ordinance to the technical review panel established under section 27.5(b) of this chapter, along with a: (1) request for approval of the ordinance; (2) statement of the reasons for the restriction, prohibition, or variance; and (3) statement of financial impact for each item in the ordinance. (c) The technical review panel shall consider an ordinance submitted by a county, city, or town under subsection (b). If the technical review panel approves the ordinance by vote of a majority of its members at a public meeting, the ordinance becomes effective within the county, city, or town. (d) An ordinance described in subsection (a) is not effective unless it is approved by the technical review panel under this section. (e) If an ordinance described in subsection (a) was adopted before July 1, 2023, the ordinance becomes void and unenforceable on July 1, 2023. (f) An ordinance described in subsection (a) may be readopted if: (1) the legislative body of county, city, or town votes to adopt the ordinance after it expires on July 1, 2023; and (2) after being readopted under subdivision (1), the ordinance is: (A) submitted to the technical review panel under subsection (b); and (B) approved by the technical review panel under subsection (c). (g) The technical review panel may not approve an ordinance under this section unless the requirements described in section 34 of this chapter are satisfied. (h) An ordinance that: (1) is approved by the technical review panel after January 1, 2025; and (2) does not comply with the rule changes made in accordance with section 34 of this chapter; is void. (i) The technical review panel may only meet once per calendar quarter to review ordinances under this section. As added by P.L.232-2023, SEC.6. Amended by P.L.151-2025, SEC.3.

Ind. Code § 16-19-3-28 State department designated as lead agency of a statewide trauma care system; rulemaking authority

Sec. 28. (a) The state department is the lead agency for the development, implementation, and oversight of a statewide comprehensive trauma care system to prevent injuries, save lives, and improve the care and outcome of individuals injured in Indiana. (b) The state department may adopt rules under IC 4-22-2 concerning the development and implementation of the following: (1) A state trauma registry. (2) Standards and procedures for trauma care level designation of hospitals. As added by P.L.155-2006, SEC.2.

Ind. Code § 16-19-3-29 Records of coroners denying anatomical gift recoveries

Sec. 29. The state department shall compile and make available for public inspection records of a coroner or designee denying recovery of an anatomical gift as described in IC 36-2-14-22.6(f) and IC 36-2-14-22.6(g). As added by P.L.147-2007, SEC.4.

Ind. Code § 16-19-3-30 Establishment of nonprofit subsidiary corporation

Sec. 30. (a) The state department may establish a nonprofit subsidiary corporation that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code, to solicit and accept private funding, gifts, donations, bequests, devises, and contributions. (b) A subsidiary corporation established under this section: (1) shall use money received under subsection (a) to carry out in any manner the purposes and programs of the state department, which may include programs intended to reduce infant mortality, increase childhood immunizations, reduce obesity, and reduce smoking rates; (2) shall report to the budget committee each year concerning: (A) the use of money received under subsection (a); and (B) the balances in any accounts or funds established by the subsidiary corporation; and (3) may deposit money received under subsection (a) in an account or fund that is: (A) administered by the subsidiary corporation; and (B) not part of the state treasury. (c) A subsidiary corporation established under this section is governed by a board of directors comprised of members appointed by the governor. Employees of the state department may serve on the board of directors. (d) Employees of the state department shall provide administrative support for a subsidiary corporation established under this section. Employees of the state department directly involved in the subsidiary corporation established under this section may engage in fundraising activities on behalf of the subsidiary corporation. (e) The state board of accounts shall audit a subsidiary corporation established under this section. As added by P.L.191-2013, SEC.4. Amended by P.L.181-2015, SEC.39.

Ind. Code § 16-19-3-30.5 Partnerships and joint ventures; substance use disorder

Sec. 30.5. The state department may enter into partnerships and joint ventures to encourage best practices in the following: (1) The identification and testing of populations at risk of disease related to substance use disorder. (2) The health care treatment of incarcerated individuals for conditions related to substance use disorder. As added by P.L.208-2015, SEC.6. Amended by P.L.143-2022, SEC.29; P.L.11-2023, SEC.57; P.L.147-2023, SEC.3.

Ind. Code § 16-19-3-32 Chief medical officer; duties

Sec. 32. (a) The state department shall employ a licensed physician as chief medical officer for the state department. (b) The chief medical officer serves as an advisor to the state health commissioner on clinical matters and may perform the functions of the commissioner when the commissioner is not available. As added by P.L.143-2022, SEC.30.

Ind. Code § 16-19-3-33 Confidentiality of information of individual who files complaint

Sec. 33. For purposes of IC 5-14-3-4, if an individual files a complaint under this title concerning an entity or person regulated by the state department, the state department shall keep the following information of the individual who filed the complaint confidential: (1) Name. (2) Address. (3) Telephone number. (4) Electronic mail address. (5) Personal health information. (6) Any other information that could identify the individual. As added by P.L.147-2023, SEC.4.

Ind. Code § 16-19-3-33.4 Guidance to local health departments

Sec. 33.4. The state department may issue guidance to local health departments on this title and any rules promulgated by the state department to assist with the uniform application of public health laws in Indiana. As added by P.L.164-2023, SEC.15.

Ind. Code § 16-19-3-34 Duty to update rules regarding onsite sewage systems

Sec. 34. (a) Before July 1, 2026, the state department or the executive board on behalf of the state department shall adopt, revise, update, or repeal rules concerning residential onsite sewage systems (as defined in IC 16-41-25-0.4) to conform with legislation enacted in the 2023 and 2024 sessions of the general assembly. (b) Before July 1, 2026, the state department or the executive board on behalf of the state department shall adopt rules that establish guidelines for the inspection of residential onsite sewage systems (as defined in IC 16-41-25-0.4). (c) Before July 1, 2026, the state department or the executive board on behalf of the state department shall adopt rules that provide that if a residential onsite sewage system (as defined in IC 16-41-25-0.4) is installed in a flood plain, the risers must be at grade. (d) Before January 1, 2027, the state department or the executive board on behalf of the state department shall adopt, revise, update, or repeal rules concerning nonresidential onsite sewage systems (as defined in IC 16-19-3.5-3.5) to conform with legislation enacted in the 2023 and 2024 sessions of the general assembly. (e) Before January 1, 2027, the state department or the executive board on behalf of the state department shall adopt rules that establish guidelines for the inspection of nonresidential onsite sewage systems (as defined in IC 16-19-3.5-3.5). (f) Before January 1, 2027, the state department or the executive board on behalf of the state department shall adopt rules that provide that if a nonresidential onsite sewage system (as defined in IC 16-19-3.5-3.5) is installed in a flood plain, the risers must be at grade. (g) This section expires July 1, 2027. As added by P.L.151-2025, SEC.4.

Ind. Code § 16-19-3-35 Collection of ownership information about a hospital, an insurer, a third party administrator, a pharmacy benefit manager, and a health care entity; report

Sec. 35. (a) The state department shall do the following: (1) Cooperate with the secretary of state and the department of insurance to develop and implement a plan to collect the information described in IC 16-21-6-3(a)(14) through IC 16-21-6-3(a)(18), IC 23-0.5-2-13(a)(6), and IC 27-1-4.5-5. (2) Annually publish on the state department's website a report concerning the information collected under subdivision (1). (3) Upon request, provide the information collected under subdivision (1) to any the following: (A) The legislative council created by IC 2-5-1.1-1. (B) The office of the attorney general. (C) The health care cost oversight task force established by IC 2-5-47. (4) In carrying out the state department's duties under this section, operate within existing appropriations for the state department. (b) In publishing the report required under subsection (a)(2), the state department: (1) may omit information the state department determines is not widely available to the general public; and (2) may not include the name of a person or entity that has an ownership stake in a hospital, health care entity, insurer, third party administrator, or pharmacy benefit manager. As added by P.L.239-2025, SEC.3.
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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