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INDIANA.

Tuberculosis-Notification of Cases-Duties of State Board of Health-Disinfection. (Ch. 149, Acts of 1917.)

SECTION 1. Tuberculosis infectious disease. That tuberculosis being hereby declared to be an infectious and communicable disease dangerous to the public health; it shall be the duty of every practicing physician in this State to report the name and address of every person known by him to be infected with tuberculosis, to the health officer of the city, town or county in which such person resides within 5 days after such fact comes to the knowledge of the physician; it shall also be the duty of the chief officer having charge for the time being of any hospital, dispensary, asyum or other similar private or public institution to report the name, age, sex, color, occupation, place where last employed if known and the home address of every person having tuberculosis who comes under his care or under his observation within 5 days after such fact comes to his knowledge, to the health officer of the city, town or county from which such patient comes; and it shall be the duty of every authorized school physician to report the name, age, sex, color, school and home address of every school child, teacher or school janitor having tuberculosis, who comes under his observation in the performance of his duties in connection with the medical inspection of schools within 5 days after such fact comes to his knowledge, to the health officer of the city, town or county in which such child, teacher or janitor resides.

SEC. 2. Health officers report.-The health officer of every city, town and county in the State shall report on or before the tenth day of each month to the State board of health the names and addresses of, and all other information available concerning persons infected with tuberculosis, which have been reported to him during the previous month, as provided in section 1 of this act. The State board of health shall appoint a deputy whose duty it shall be, under the direction of the State board of health, to tabulate all such reports received from the health officers of the cities, towns and counties and to investigate the prevalence, causes, and distribution of human tuberculosis in the State and devise ways and means for restricting and controlling the disease. The results of his investigation shall form a part of the annual report of the State board of health and shall be otherwise distributed as the State board of health may decide among the people of the State for their enlightenment as to the prevalence and dangers of tuberculosis and the best methods of its cure and prevention.

SEC. 3. Notice to disinfect premises.-The health officer of every city, town or county shall, as soon as possible after he received the report of any physician or other authority as provided in section 1 of this act that a person under his care and observation is suffering from tuberculosis, except in the cases of inmates of hospitals, dispensaries, asylums or other similar private or public institutions, and also immediately after receiving notice, as hereinafter provided, of the removal of any such person infected with tuberculosis, ascertain the name and address of the owner or agent of the apartment, house, room or premises occupied by such person so infected with tuberculosis and immediately notify in writing such owner or agent that an apartment, house, room or premises owned or rented by such owner or agent is occupied by a person infected with tuberculosis and further inform him of the duties bereinafter required of him in connection with the death or removal of such person infected with tuberculosis and in connection with the disinfection of such apartment, house, room or premises, and the penalties for failure to comply with such provisions. 180457°-20-10 145

SEC. 4. Duty of health officer to disinfect.-When any apartment, house, room or premises is vacated by the death or removal therefrom of a person infected with tuberculosis, the owner or agent of such apartment, house, room or premises shall notify the health officer of the city, town or county in which such apartment, house, room or premises is situated that such apartment, house, room or premises has been vacated Upon receiving such notice such health officer shall himself or through his deputies immediately disinfect such apartment, house, room or premises in the manner now or hereafter to be prescribed by the State board of health. All expenses of such disinfection shall be borne by the city, town or county in which the aforesaid apartment, house, room or premises is situated.

SEC. 5. Unlawful to rent premises not disinfected.-It shall be unlawful for any owner or agent to rent or allow to be occupied any apartment, house, room or premises vacated by the death or removal therefrom of a person infected with tuberculosis, until such apartment, house, room or premises shall have been thoroughly disinfected as above provided.

SEC. 6. Penalty. Any physician, any chief officer having charge of any hospital, dispensary, asylum or other similar private or public institution, any authorized school physician, any city, town or county health officer, or any owner, agent or any other person violating any provision of this act shall be guilty of a misdemeanor and shall, on conviction thereof, be fined not less than $10 nor more than $50.

SEC. 7. Repeal. An act1 entitled "An act for the prevention and control of tuberculosis in the State of Indiana," approved March 5, 1915, is hereby repealed. Leprosy-Notification of Cases-Quarantine-Destruction of Articles Used by Infected Persons-Appropriation. (Ch. 3, Act Feb. 1, 1917.)

SECTION 1. That it shall be the duty of the State board of health, as soon as notice is received thereof, to quarantine, isolate and care for in any manner said board of health may deem proper all cases of leprosy which may occur in this State. The board shall be the final judge, in all cases, whether the danger in any of such cases is such as to demand special care and quarantine regulations as herein provided.

SEC. 2. It shall be the duty of every physician called upon to attend any sick person, who finds the cause of such sickness to be leprosy, to immediately report such fact, in writing, to the State board of health, and any failure to report any such case of leprosy shall be punished by a fine of not less than $25 nor more than $50.

SEC. 3. The State board of health shall have power to remove, or cause to be removed any person whom the said board may find to be afflicted with leprosy from any building in said State where such person may be living, and shall also have power to cause such person to be placed in a proper building set apart for the care and treatment of such person so afflicted and all expense of such removal shall be paid out of the funds herein appropriated and set apart on the orders of the said board of health as herein provided.

SEC. 4. Sheriffs, police officers, health officers and constables upon demand of the State board of health, or upon demand of any member thereof, or on demand of any commissioned deputy of the board shall render any assistance required by said board in protecting such board of health, member thereof or commissioned deputy; but no person shall be compelled to expose himself to such disease of leprosy. Failure or refusal to respond to such demand shall be punishable by a fine of not less than $25 nor more than $100.

SEC. 5. The State board of health is herein given the power to establish and maintain quarantine homes for the care of cases of leprosy, and to enable the board to better carry out the provisions of this act, the board is hereby given the right of eminent domain and power to appropriate and condemn any real estate which may be

Pub. Health Repts. Reprint 338, p. 225

necessary to establish such homes or quarantine station: Provided, however, That the State board of health shall, in establishing such quarantine homes, before condemning private property, cause such homes, if possible, to be located on State or county lands. SEC. 6. The State board of health is hereby given the power, and it is hereby made the duty of the board to destroy, or cause to be destroyed, all articles of personal property, which may have been used by any person afflicted with leprosy, and which might make possible the spread of said disease.

SEC. 7. Seven thousand dollars or as much thereof as may be necessary, are herewith appropriated for the enforcement of this act and shall not be used for any other purpose. All payments from this fund shall be made by the treasurer of state upon vouchers issued by the auditor of state, based upon bills sworn to by the State health commissioner, who is herewith empowered to do whatever is reasonable and necessary to enforce the provisions of this act. All expenses shall be made upon plans and specifications duly prepared for all buildings and structures, all of which shall first be duly approved by the governor of the State of Indiana.

SEC. 8. This act shall not repeal any existing laws governing the regulation of public health, but the same shall be supplemental to all such laws.

Department of Public Sanitation in Certain Cities—Organization, Powers, and Duties of Boards of Sanitary Commissioners-Sanitary Districts-Sewage Disposal. (Ch. 157, Act Mar. 9, 1917.)

SECTION 1. Cities of first class; department of public sanitation.—That in addition to the existing executive departments of cities of the first class, as such cities are defined in an act entitled "An act concerning municipal corporations," approved March 6, 1905, and acts amendatory thereof, there is hereby created a department of public sanitation which shall be under the control of a board of three members, to be known as the board of sanitary commissioners, two of whom shall be appointed by the mayor of such city of the first class and the third shall be the city civil engineer of such city, who shall be a member by virtue of his office. One of said two members to be so appointed shall be nominated by the State board of health of the State of Indiana, which nominee shall be a graduate engineer of some reputable engineering school or university with an engineering department and having an experience of at least five years in practical civil and sanitary engineering work. Not later than 60 days after this act becomes effective, the State board of health shall transmit in writing to the mayor of such city of the first class the State board's nomination of such member on the board of sanitary commissioners, and the mayor shall appoint such nominee to membership on such board within 10 days after the receipt by him of such nomination.

The member so appointed, and the city civil engineer, as a member of said board, within 10 days after the appointment of the nominee of said State board of health, shall nominate a third member of said board who shall be appointed by the mayor of sid city within 10 days after the receipt of such nomination: Provided, however, That if said two members fail to nominate a third member as above provided, or if they can not agree on a nomination within 10 days, as above provided, then the judge of the circuit court of the district in which said city of the first class is located, shall nominate a third member of the board of sanitary commissioners, who shall be appointed by the mayor of such city within 10 days after the receipt by him of such nomination. The member first appointed shall serve for a term of four years from January 1, 1917, and the second member appointed hereunder shall serve for a term of three years from January 1, 1917, and their successors shall be appointed for terms of four years each. Each member of such board of sanitary commissioners before entering upon his duties shall take and subscribe the usual oath of office, to be endorsed upon the certificate of his appointment, which he shall file with the city clerk. Each member shall execute a bond payable to the State of Indiana with surety acceptable

to the mayor of said city in the penal sum of $5,000, conditioned upon his performance of the duties of his office as required by law, and the faithful accounting for all moneys and property that may come into his hands or under his control.

At the expiration of the respective terms of the members of such board so appointed, the mayor shall appoint successors to membership on such board, such succeeding members to be nominated in the method and by the same authorities as herein provided for nominating the first members of such board. All vacancies shall be filled by appointment by the mayor upon nomination by the board or officers who nominated the commissioner or commissioners whose places have become vacant. Any commissioner may be removed from office by the mayor for neglect of duty or incompetency, but only after a hearing upon written charges preferred against such commissioner. Such charges may be filed with the mayor, and the commissioner against whom the same are directed shall have at least 10 days' notice of the time and place of hearing thereon, and shall have opportunity to produce evidence and examine and cross-examine witnesses. All testimony shall be given under oath. The finding of the mayor shall be reduced to writing by him and filed with the city clerk. If such charges are sustained and such commissioner removed, he may take an appeal from such finding within 10 days after the date of filing of the same with the clerk, to the circuit or superior court of the county in which such city is located. He shall, in said court, file an original complaint against such mayor, setting forth the charges preferred and the finding made thereon. Such court shall hear the matter of such appeal within 30 days after the filing of the same without the intervention of a jury, and shall ratify or reverse the finding of said mayor, and the judgment of said court shall be final, and no appeal shall lie therefrom.

SEC. 2. Organization of board; expenses; salaries.-No later than June 1, 1917, the members of such board of sanitary commissioners shall hold a meeting for the purpose of organization. They shall choose one of their members president and another vice president, who shall perform the duties usually pertaining to those offices. Such officers so chosen shall serve for a period of one year, or until their successors are duly elected and qualified. The city controller and city treasurer of such city of the first class shall perform the same duties with reference to the funds and accounts of such board as with reference to funds and accounts of the other executive departments of said city, except as otherwise provided in this act. Such controller and treasurer shall receive no compensation for performing such duties in addition to that paid them by such city of the first class. The members of such board of sanitary commissioners, not including the city civil engineer, shall each be paid a salary at the rate of $3,600 per annum during the period of actual construction, and $600 per annum thereafter. Such board may employ a consulting engineer or engineers or engineering company to design a sewage disposal plant or plants or to report on plans prepared under the direction of said board of sanitary commissioners, and it may employ such other engineers, chemists, bacteriologists, surveyors, attorneys, inspectors, clerks, laborers and other employees as it may deem necessary to carry out the provision of this act, and shall have power to fix and regulate the compensation to be paid them or any of them: Provided, That not more than $20,000 shall be so expended the first year for such preliminary work.

Such city of the first class shall furnish suitable office and storage room for the use of such board of sanitary commissioners without cost to the board, and all maps, plans. documents, records and accounts shall be there kept by said board subject to public inspection at all reasonable times. On or before the first day of February of each year. such board shall make a report to the mayor of such city of its proceedings with a full statement of its receipts and disbursements of the preceding year, the first report covering the period from the date of organization of such board to the first day of January, 1918. In such report such board shall set out in detail the improvements made by it and the general character of the work done during the preceding year. A

majority of the members of said board shall constitute a quorum, and the concurrence of the majority shall be necessary to any action of such board. Such board shall hold regular meetings at such times as it may fix and may call special meetings at such times and upon such notice as it may fix by rule or resolution. All meetings shall be public. The board may adopt such rules and regulations as it may deem necessary relating to the conduct of its meetings and business and to the control and management of the property under its jurisdiction.

SEC. 3. Powers and duties of board. The said board of sanitary commissioners shall have the exclusive government, management, regulation and control of any sewage disp sal plant or plants, intercepting and connecting sewers and all other works or appurtenances constructed under the provisions of this act, to prevent the pollution of rivers, streams and watercourses in or near such city and to protect the public health, and shall be charged with the duty of such construction, and shall have all necessary power to maintain, operate and repair such sewage disposal plants and systems. In connection with the duties devolving upon such board as aforesaid, it shall have full power as follows:

1. To condemn, appropriate, lease, rent, purchase and hold any real estate, rights of way, materials or personal property within such city of the first class, or within 5 miles of the corporate limits thereof in any direction needed for a sewage disposal plant or plants and for intercepting or connecting sewers or any other structures built or operated in connection with such plants, or necessary for the use and operation thereof. 2. To enter upon any lots or lands for the purpose of surveying or examining the same with the view of determining the location of any such sewage disposal plant or plants, cr any sewer or other structure, roads, levees or walls connected with such plant or plants or necessary for the use or operation thereof.

3. To design, order, contract for and construct a sewage disposal plant or plants and all necessary works and structures appurtenant thereto including connecting or intercepting sewers now or hereafter necessary to connect sewerage or drainage systems of any city of the first class, and of any incorporated town located within the boundaries thereof with such sewage disposal plant or plants.

4. To build or have built all roads, levees, walls or other structures of a similar or different character that may be necessary or desirable in connection with such sewage disposal plant, or plants or any sewers connected there with, and to make all necessary or desirable improvements of the grounds and premises under its control.

5. To compel the owners, operators, or lessees of all factories, shops, works, plants, buildings or structures to so treat, purify or eliminate from the sewage and trade waste from such premises, such ingredients that the resulting effluent therefrom shall not interfere with the successful operation of the sewage disposal plant or plants, or any intercepting or connecting sewer or drain. Also where such factories, shops, works, plants, buildings or structures are located on a watercourse, to compel the owners, operators or lessees of such premises to direct any excessive flow of water therefrom into such watercourse: Provided, That such water contains nothing that would pollute the water in such watercourse to the detriment of the public health.

6. No owner, operator or lessee of any house, factory, shop, works, plant, building or structure that may be either directly or indirectly connected with sewers emptying into such sewage disposal plant or plants, and through which an effluent discharges from such houses, works, shops, factories or structures, shall erect or construct any purification plant, machine, or device of any kind for eliminating or treating the trade waste from such places for the purpose of eliminating therefrom ingredients that would result harmfully to such sewage disposal plant or plants until the plans there for have been submitted to and approved by said board of sanitary commissioners. After such plans have been submitted to such board it may reject the same in entirety, or order changes to be made therein. An appeal may be taken from the decision of such board rejecting the plans so submitted, or ordering changes therein by the owner, operator or les

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