The COVID Project
The record
- Jurisdiction
- Indiana
- Level
- State
- Authority
- Ind. Const. art. 4; Title 16, Article 19 (State Department of Health), chapter 3 (Powers and Duties)
- Issued
- 2021-07-01 July 1, 2021
- Effective
- In force before March 1, 2020 and on every day of 2020 Q2 through 2021 Q3 (read as 2020-03-01)
- End
- standing (read as 2021-09-30)
- In force
- Standing since Mar. 1, 2020 (a statutory duty; in force throughout the six quarters)
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Business closureGathering capSchools and child careQuarantine and isolationStanding dutyOperating condition
- Addressees
- persons generally; owners or persons in control of premises; schools; local health authorities
- Character
- statutory authority
- Collection
- Standing duties: Indiana DUT-IN
Operative words
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.
Penalty
Enforcement through the State Department's 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)
What it required
Persons and premises submit to State quarantine, gathering prohibitions, school closures and abatement orders; where a local health authority fails to enforce 'the laws and rules necessary to prevent and control the spread of communicable or infectious disease' or 'a public health emergency exists,' the State Department 'may enforce the orders and rules of the state department within the territorial jurisdiction of the local health authorities' and 'may exercise all the powers given by law to local health authorities' (section 12(a)). Character as recorded: statutory_authority (enabling power; binds through the orders issued under it).
Retrieval noteSection 4(b) authorizes rules on '(1) Nuisances dangerous to public health,' '(5) The detection, reporting, prevention, and control of diseases that affect public health,' '(9) Standards of cleanliness of eating facilities for the public' and '(13) Sanitary conditions and facilities in public buildings and grounds'; this is the rulemaking authority recited at the head of every section of 410 IAC 1-2.5 (Ex. DUT-IN-007). The State Department is the 'public health authority' of Ind. Code 16-41-9-1.5 alongside local health officers. The Governor's orders reserved to 'State and local' health authorities the power 'to order quarantine, isolation or closure of a specific location' after the general directives ended (Exs. IN-064 para. 8, IN-066 para. 11).