Indiana § 16-41-7.5-5 Requirements to operate a program

Indiana Statutes

§ 16-41-7.5-5 — Requirements to operate a program

Indiana § 16-41-7.5-5

Title 16HEALTH

Art. 41PUBLIC HEALTH MEASURES FOR THE

Ch. 7.5Communicable Disease: Syringe Exchange Program

This text of Indiana § 16-41-7.5-5 (Requirements to operate a program) 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 § 16-41-7.5-5 (2026).

Text

Before a qualified entity may operate a program in a county, the following shall occur:

(1)The local health officer or the executive director must declare to the executive body of the county or the legislative body of the municipality the following:

(A)There is an epidemic of hepatitis C or HIV.

(B)That the primary mode of transmission of hepatitis C or HIV in the county is through intravenous drug use.

(C)That a syringe exchange program is medically appropriate as part of a comprehensive public health response.

(2)The legislative body of the municipality or the executive body of the county must do the following:

(A)Conduct a public hearing that allows for public testimony.

(B)Take official action adopting the declarations under subdivision (1) by the local health officer or the exe

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Before a qualified entity may operate a
program in a county, the following shall occur:
(1) The local health officer or the executive director must declare
to the executive body of the county or the legislative body of the
municipality the following:
(A) There is an epidemic of hepatitis C or HIV.
(B) That the primary mode of transmission of hepatitis C or
HIV in the county is through intravenous drug use.
(C) That a syringe exchange program is medically appropriate
as part of a comprehensive public health response.
(2) The legislative body of the municipality or the executive body
of the county must do the following:
(A) Conduct a public hearing that allows for public testimony.
(B) Take official action adopting the declarations under
subdivision (1) by the local health officer or the executive
director in consideration of the public health for the area and,
if the program complies with section 6 of this chapter and is
within the jurisdictional limits of the county or municipality
that the body represents, either:
(i) approve the operation of the program; or
(ii) submit a request under subdivision (3) to the state health
commissioner.
(3) The legislative body of the municipality or the executive body
of the county that took official action under subdivision (2) either:
(A) notifies the state health commissioner of the body's actions
under subdivision (2), including:
(i) the period of time considered medically appropriate for the
program;
(ii) whether a renewal or an extension of the program can
occur; and
(iii) other measures taken concerning the epidemic that have
proven ineffective; or
(B) if the body does not approve the operation of a program
under subdivision (2)(B)(i) and submits a request under
subdivision (2)(B)(ii), request that the state health
commissioner declare a public health emergency and approve
the operation of a program.
(4) If subdivision (3)(B) applies, the state health commissioner
has declared a public health emergency for the county or
municipality and approved the operation of a program.