{"data":{"id":"us-in/ic-16-20-1-21.5","jurisdiction":"us-in","citation":"IC 16-20-1-21.5","heading":"Local orders less stringent; approval of local order if more stringent or addressing declared emergency","body":"Sec. 21.5. (a) This section applies only if the governor has declared an emergency under IC 10-14-3.\n(b) As used in this section, \"executive order\" refers to an executive order issued by the governor under IC 10-14-3.\n(c) As used in this section, \"legislative body\" means the following:\n(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.\n(2) The county council for a county that is subject to IC 36-2-3.5.\n(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.\n(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.\n(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.\n(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:\n(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.\n(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.\n(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:\n(A) approved by the mayor; or\n(B) passed over the mayor's veto by a two-thirds (2/3) vote.\n(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).","path":["TITLE 16. HEALTH","ARTICLE 20. LOCAL HEALTH DEPARTMENTS","Chapter 1. Powers and Duties of Local Health Departments"],"source_url":"https://iga.in.gov/ic/2026/Title_16.html#16-20-1-21.5","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-11T20:02:18Z","sha256":"a03e9f8ede53df565ce5593f844b780d32e1ab773ad220ac4d97cae9efe8bce1","source_id":"us-in","stale":false,"prev":"us-in/ic-16-20-1-21.3","next":"us-in/ic-16-20-1-22"},"notice":"GroundRules: Original legal text. Not legal advice."}