{"id":"DUT-IN-004","kind":"duty","level":"state","jurisdiction":"Indiana","state":"IN","metro":"","industry":"","agency":"","eco":"","issuer":"Indiana General Assembly (Indiana Code 2021 edition)","authority":"Ind. Const. art. 4; Title 16, Article 19 (State Department of Health), chapter 3 (Powers and Duties)","instrument":"Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including \u0027nuisances dangerous to public health\u0027 and \u0027the detection, reporting, prevention, and control of diseases\u0027), 16-19-3-9 (quarantine), 16-19-3-10 (epidemics), 16-19-3-11 (abatement of conditions causative of disease), 16-19-3-12 (State enforcement within local jurisdictions in a public health emergency)","title":"State Department of Health: quarantine, epidemic-control, abatement and emergency-enforcement powers","dateIssued":"2021-07-01","effective":"In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3","end":"standing","startDate":"2020-03-01","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","QUAR","GATH","CLOSE","SCH","COND"],"addressees":["persons generally; owners or persons in control of premises; schools; local health authorities"],"clause":"The state department may establish quarantine and may do what is reasonable and necessary for the prevention and suppression of disease.... The state department may order schools closed and forbid public gatherings when considered necessary to prevent and stop epidemics.... The state department may issue an order condemning or abating conditions causative of disease.","enforcement":"Enforcement through the State Department\u0027s orders and the local enforcement powers it may assume (section 12(a)); removal of a non-enforcing local health officer (section 12(b)); the criminal and civil sanctions of Title 16 apply to the underlying duties (Exs. DUT-IN-001, DUT-IN-003, DUT-IN-016)","functions":[],"notes":"Persons and premises submit to State quarantine, gathering prohibitions, school closures and abatement orders; where a local health authority fails to enforce \u0027the laws and rules necessary to prevent and control the spread of communicable or infectious disease\u0027 or \u0027a public health emergency exists,\u0027 the State Department \u0027may enforce the orders and rules of the state department within the territorial jurisdiction of the local health authorities\u0027 and \u0027may exercise all the powers given by law to local health authorities\u0027 (section 12(a)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).","sourceUrl":"https://iga.in.gov/ic/2021/Title_16/Article_19.pdf","snapshot":"","fileExists":true,"fileBytes":884952,"grade":"primary","character":"statutory_authority","description":"","collection":"DUT-IN","url":"/library/DUT-IN-004","exhibitUrl":"/exhibit/DUT-IN-004","citation":"Indiana General Assembly (Indiana Code 2021 edition), Ind. Code Title 16, Article 19, chapter 3: sections 16-19-3-4 (rules to protect the public health, including \u0027nuisances dangerous to public health\u0027 and \u0027the detection, reporting, prevention, and control of diseases\u0027), 16-19-3-9 (quarantine), 16-19-3-10 (epidemics), 16-19-3-11 (abatement of conditions causative of disease), 16-19-3-12 (State enforcement within local jurisdictions in a public health emergency) (standing) (Ex. DUT-IN-004)","stateName":"Indiana","related":["DUT-IN-007","IN-064","IN-066","DUT-IN-001","DUT-IN-003","DUT-IN-016","DUT-IN-005","DUT-IN-017"]}