Indiana Code
Chapter 1. Powers and Duties of Local Health Departments
16-20-1-21.5. Local Orders Less Stringent; Approval of Local Order if More Stringent or Addressing Declared Emergency

Sec. 21.5. (a) This section applies only if the governor has declared an emergency under IC 10-14-3.
(b) As used in this section, "executive order" refers to an executive order issued by the governor under IC 10-14-3.
(c) As used in this section, "legislative body" means the following:
(1) Except as provided in subdivision (2), the board of county commissioners for a county operating a county health department under IC 16-20-2 or participating in a multiple county health department under IC 16-20-3.
(2) The county council for a county that is subject to IC 36-2-3.5.
(3) The common council, for a city (as defined in IC 36-1-2-3) that operates a city health department under IC 16-20-4.
(d) As used in this section, "local order" refers to the health laws, ordinances, orders, rules, and regulations of a board of health under this chapter.
(e) If a local order addresses any aspect of a declared emergency addressed by an executive order, the local order may be less stringent than the executive order to the extent permitted by the executive order.
(f) If a local order addresses any aspect of a declared emergency that is not addressed by an executive order or if a local order addresses an aspect of a declared emergency more stringently than an executive order, the local order may not take effect, or remain in effect, unless the local order is approved as follows:
(1) If the local order is issued by the health department of a county, the local order must be approved by the county legislative body.
(2) If the local health order is issued by a health department that serves multiple counties, the local order may take effect, or remain in effect, for a particular county served by the department if the legislative body of that county approves the local order.
(3) If the local order is issued by the health department of a city, the local order must be approved by an ordinance adopted by the city legislative body that is:
(A) approved by the mayor; or
(B) passed over the mayor's veto by a two-thirds (2/3) vote.
(g) A legislative body may approve a local order under subsection (f) at a meeting called to deal with an emergency as long as notice of the meeting is provided in accordance with IC 5-14-1.5-5(d).
As added by P.L.219-2021, SEC.4.