§ 16-19-3-12 — Rules and regulations; enforcement; local health officers; removal

(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.]

Legislative History

As added by P.L.2-1993, SEC.2.