SOURCE: IC 16-19-3-4; (13)IN0466.1.1. -->
SECTION 1. IC 16-19-3-4, AS AMENDED BY P.L.83-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) The executive board may, by an affirmative
vote of a majority of its members, adopt reasonable rules on behalf of
the state department to protect or to improve the public health in
(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 water pollution control 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
(7) The production, distribution, and sale of human food.
(8) Except as provided in section 4.4 of this chapter, the conduct
(9) Standards of cleanliness of eating facilities for the public.
(10) Standards of cleanliness of sanitary facilities offered for
(11) The handling, disposal, disinterment, and reburial of dead
(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) a pool maintained by an individual for the sole use of the
individual's household and house guests; or
(B) an indoor pool maintained by a condominium (as
defined by IC 32-25-2-7), that has fewer than one hundred
(100) units, for the sole use of the condominium residents'
household and residents' guests, if access to the
condominium property is restricted by a gate requiring a
pass code for entry and the facility containing the pool is
SOURCE: IC 16-22-8-34; (13)IN0466.1.2. -->
SECTION 2. IC 16-22-8-34, AS AMENDED BY P.L.134-2008,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 34. (a) The board or corporation may do all acts
necessary or reasonably incident to carrying out the purposes of this
chapter, including the following:
(1) As a municipal corporation, sue and be sued in any court with
(2) To serve as the exclusive local board of health and local
department of health within the county with the powers and duties
conferred by law upon local boards of health and local
departments of health.
(3) To adopt and enforce ordinances consistent with Indiana law
and administrative rules for the following purposes:
(A) To protect property owned or managed by the corporation.
(B) To determine, prevent, and abate public health nuisances.
(C) To establish isolation and quarantine regulations in
accordance with IC 16-41-9.
(D) To license, regulate, and establish minimum sanitary
standards for the operation of a business handling, producing,
processing, preparing, manufacturing, packing, storing,
selling, distributing, or transporting articles used for food,
drink, confectionery, or condiment in the interest of the public
(E) To control:
(i) rodents, mosquitos, and other animals, including insects,
capable of transmitting microorganisms and disease to
humans and other animals; and
(ii) the animals' breeding places.
(F) To require persons to connect to available sewer systems
and to regulate the disposal of domestic or sanitary sewage by
private methods. However, the board and corporation have no
jurisdiction over publicly owned or financed sewer systems or
sanitation and disposal plants.
(G) To control rabies.
(H) For the sanitary regulation of water supplies for domestic
(I) To protect, promote, or improve public health. For public
health activities and to enforce public health laws, the state
health data center described in IC 16-19-10 shall provide
health data, medical information, and epidemiological
information to the corporation.
(J) To detect, report, prevent, and control disease affecting
(K) To investigate and diagnose health problems and health
(L) To regulate the sanitary and structural conditions of
residential and nonresidential buildings and unsafe premises.
(M) To regulate the remediation of lead hazards.
(N) To license and regulate the design, construction, and
operation of public pools, spas, and beaches. However, a pool
exempted by IC 16-19-3-4(b)(14) is not considered a public
(O) To regulate the storage, containment, handling, use, and
disposal of hazardous materials.
(P) To license and regulate tattoo and body piercing facilities.
(Q) To regulate the storage and disposal of waste tires.
(4) To manage the corporation's hospitals, medical facilities, and
mental health facilities.
(5) To furnish health and nursing services to elementary and
secondary schools within the county.
(6) To furnish medical care to insured and uninsured residents of
(7) To furnish dental services to the insured and uninsured
residents of the county.
(8) To establish public health programs.
(9) To adopt an annual budget ordinance and levy taxes.
(10) To incur indebtedness in the name of the corporation.
(11) To organize the corporation into divisions.
(12) To acquire and dispose of property.
(13) To receive charitable contributions and gifts as provided in
26 U.S.C. 170.
(14) To make charitable contributions and gifts.
(15) To establish a charitable foundation as provided in 26 U.S.C.
(16) To receive and distribute federal, state, local, or private
(17) To receive and distribute grants from charitable foundations.
(18) To establish corporations and enter into partnerships and
joint ventures to carry out the purposes of the corporation. This
subdivision does not authorize the merger of the corporation with
a hospital licensed under IC 16-21.
(19) To erect, improve, remodel, or repair corporation buildings.
(20) To determine operating procedures.
(21) To do the following:
(A) Adopt a schedule of reasonable charges for nonresidents
of the county for medical and mental health services.
(B) Collect the charges from the patient, the patient's insurance
company, or a government program.
(C) Require security for the payment of the charges.
(22) To adopt a schedule of and to collect reasonable charges for
medical and mental health services.
(23) To enforce Indiana laws, administrative rules, ordinances,
and the code of the health and hospital corporation of the county.
(24) To purchase supplies, materials, and equipment.
(25) To employ personnel and establish personnel policies.
(26) To employ attorneys admitted to practice law in Indiana.
(27) To acquire, erect, equip, and operate the corporation's
hospitals, medical facilities, and mental health facilities.
(28) To dispose of surplus property in accordance with a policy by
(29) To determine the duties of officers and division directors.
(30) To fix the compensation of the officers and division
(31) To carry out the purposes and object of the corporation.
(32) To obtain loans for hospital expenses in amounts and upon
terms agreeable to the board. The board may secure the loans by
pledging accounts receivable or other security in hospital funds.
(33) To establish fees for licenses, services, and records. The
corporation may accept payment by credit card for fees.
IC 5-14-3-8(d) does not apply to fees established under this
subdivision for certificates of birth, death, or stillbirth
(34) To use levied taxes or other funds to make intergovernmental
transfers to the state to fund governmental health care programs,
including Medicaid and Medicaid supplemental programs.
(b) The board shall exercise the board's powers and duties in a
manner consistent with Indiana law, administrative rules, and the code
of the health and hospital corporation of the county.