§ 16-19-3-4 — Protection and improvement of public health; adoption of rules

(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 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 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.]

Legislative History

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.