Indiana § 16-20-1-21.5 Local orders less stringent; approval of local order if more stringent or
addressing declared emergency

Indiana Statutes

§ 16-20-1-21.5 — Local orders less stringent; approval of local order if more stringent or addressing declared emergency

Indiana § 16-20-1-21.5

Title 16HEALTH

Art. 20LOCAL HEALTH DEPARTMENTS

Ch. 1Powers and Duties of Local Health Departments

This text of Indiana § 16-20-1-21.5 (Local orders less stringent; approval of local order if more stringent or addressing declared emergency) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 16-20-1-21.5 (2026).

Text

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

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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).