Indiana Code
Chapter 3. Powers and Duties of State Department of Health and Executive Board
16-19-3-4. Protection and Improvement of Public Health; Adoption of Rules

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 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.
(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 weight 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 4-22-2-37.1.
(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.

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