§ 16-20-1-23 — Inspection of private property by local health officer; consent by owner; exceptions; court order; property in which officer has interest

Indiana § 16-20-1-23

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 20: LOCAL HEALTH DEPARTMENTS
• Ch. 1: Powers and Duties of Local Health Departments

Text

(a) Upon:
(1) showing official identification; and
(2) except as provided in subsection (b), receiving consent of the
owner or occupant of the premises;
a local health officer or the officer's designee may enter any premises
at any reasonable time and inspect, investigate, evaluate, conduct tests,
or take specimens or samples for testing that may be reasonably
necessary to determine compliance with public health laws and rules
and for the prevention and suppression of disease.
(b) A local health officer or the officer's designee shall obtain the
consent of the owner or the occupant of the premises under subsection
(a), except as provided in any of the following circumstances:
(1) Subject to subsection (c), the local health officer or the
officer's designee obtains an order from a circuit or superior court
in the jurisdiction where the premises is located to authorize the
inspection, investigation, evaluation, testing, or taking of
specimens or samples for testing.
(2) An emergency condition that poses an imminent and serious
threat to the health of an individual or the public and the local
health officer or the officer's designee believes that a delay could
result in a greater health risk.
(3) Entry by a local health officer or the officer's designee to a
public place or an area in plain and open view to determine
compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by the
local health department at any reasonable time if reasonably
necessary to determine compliance with public health laws and
rules and the terms and conditions of the license.
(c) A court described in subsection (b)(1) may issue an order to
inspect, investigate, evaluate, conduct tests, or take specimens or
samples for testing if the court finds that the local health officer or the
officer's designee, by oath or affirmation, provided reliable information
establishing the violation of a public health law or rule at the premises.
(d) However, a local health officer, or the officer's designee, shall
not inspect property in which the local health officer has any interest,
whether real, equitable, or otherwise. Any such inspection or any
attempt to make such inspection is grounds for removal as provided for
in this article.
(e) This section does not prevent inspection of premises in which a
local health officer has an interest if the premises cannot otherwise be
inspected. If the premises cannot otherwise be inspected, the county
health officer shall inspect the premises personally.
[Pre-1993 Recodification Citation: 16-1-4-9.]

Legislative History

As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.