2013 Indiana Code TITLE 16. HEALTH ARTICLE 19. STATE DEPARTMENT OF HEALTH CHAPTER 4. STATE HEALTH COMMISSIONER
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IC 16-19-4
Chapter 4. State Health Commissioner
IC 16-19-4-1
Commissioner as secretary and executive officer of executive board
Sec. 1. The state health commissioner, by virtue of the state health
commissioner's office, is secretary and executive officer of the
executive board.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-2
Commissioner; appointment; term; qualifications
Sec. 2. (a) The governor shall appoint the state health
commissioner, who serves at the will and pleasure of the governor.
(b) The state health commissioner must hold an unlimited license
to practice medicine under IC 25-22.5. It is the intent of the general
assembly that the office of the state health commissioner be held by
a person who is qualified by training and experience to administer
the affairs of the state department.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-3
Commissioner; oath of office
Sec. 3. The state health commissioner shall take an oath of office
before exercising the authority of the office of secretary or attending
to full-time duties as the state health commissioner.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-4
Commissioner; ethics and conflicts of interest; practice of medicine
Sec. 4. (a) The state health commissioner is governed in the
performance of the state health commissioner's official duties by
IC 4-2-6 and IC 35-44.1-1-4 concerning ethics and conflict of
interest.
(b) To learn professional skills and to become familiar with new
developments in the field of medicine, the state health commissioner
may, in an individual capacity as a licensed physician and not in an
official capacity as state health commissioner, engage in the practice
of medicine if the practice of medicine does not interfere with the
performance of the state health commissioner's duties as state health
commissioner.
As added by P.L.2-1993, SEC.2. Amended by P.L.126-2012, SEC.36.
IC 16-19-4-5
Commissioner; practice of medicine; liability of state
Sec. 5. Any medical care provided to a patient by the state health
commissioner is provided by the state health commissioner in an
individual capacity as a licensed physician and the state is not liable
for any act performed by the state health commissioner in this
capacity.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-6
Commissioner; salary
Sec. 6. The state health commissioner is entitled to receive a
salary in an amount to be fixed by the executive board with the
approval of the governor.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-7
Repealed
(Repealed by P.L.100-2012, SEC.49.)
IC 16-19-4-8
Divisions and subdivisions
Sec. 8. (a) The state health commissioner may, subject to the
approval of the executive board, organize the personnel and
functions of the state department into divisions and subdivisions to
carry out the state health commissioner's powers and duties and the
powers and duties of the state department.
(b) The state health commissioner may periodically consolidate,
divide, or abolish divisions and subdivisions as is necessary to carry
out those powers and duties.
As added by P.L.2-1993, SEC.2.
IC 16-19-4-9
Commissioner to comment on proposed rules
Sec. 9. (a) This section applies:
(1) when a proposed rule is published in the Indiana Register
by:
(A) the office of the secretary of family and social services;
(B) a division of family and social services; or
(C) the office of Medicaid policy and planning; and
(2) if the state department has rule making authority in an area
similar to the area that would be affected by the proposed rule.
(b) The commissioner shall submit written comments on a
proposed rule to the entity described in subsection (a) that proposed
the rule not more than thirty (30) days after the rule is published in
the Indiana Register.
As added by P.L.11-1995, SEC.2.
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