Indiana Code
Ind. Code § 16-21-2-10 (2025)
Necessity of license
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 10. A:
(1) person;
(2) state, county, or local governmental unit; or
(3) division, a department, a board, or an agency of a state, county, or local governmental unit;
must obtain a license from the state health commissioner under IC 4-21.5-3-5 before establishing, conducting, operating, or maintaining a hospital, an ambulatory outpatient surgical center, or a birthing center.
[Pre-1993 Recodification Citation: 16-10-1-9(a).]
As added by P.L.2-1993, SEC.4. Amended by P.L.96-2005, SEC.8; P.L.179-2022(ss), SEC.12.
Notes of Decisions
Cited in 6
cases, 2004–2019 · leading case: Roberts v. Sankey, 813 N.E.2d 1195 (Ind. Ct. App. 2004).
Roberts v. Sankey, 813 N.E.2d 1195 (Ind. Ct. App. 2004). “Ind.Code §§ 16-21-2-10, -11. After examining Chapter 2, it is apparent that the legislature intended this chapter to address the State's responsibility to license and regulate hospitals for the protection of hospital patients.”
Whole Woman's Health All. v. Hill, 377 F. Supp. 3d 924 (S.D. Ind. 2019). “See Ind. Code § 16-21-2-10 (1). WWHA supplemented its application in response to ISDH inquiries on October 6, 2017, and December 8, 2017.”
Whole Woman's Health All. v. Curtis T. Hill, Jr., 937 F.3d 864 (7th Cir. 2019). “Indiana Code § 16-21-2-10 provides that a person “must obtain a license” from the Indiana Department of Health “before establishing, conducting, operating, or main- taining … an abortion clinic.”
Sisters of St. Francis Health Servs., Inc. v. Morgan Cnty., 397 F. Supp. 2d 1032 (S.D. Ind. 2005). “Ind.Code § 16-21-2-10. An applicant for such a license must submit information regarding the applicant’s character, its ability to comply with the minimum standards for hospital operations, the location and type of institution to be operated, and the range of services to be…”
Whole Woman's Health All. v. Hill, 388 F. Supp. 3d 1010 (S.D. Ind. 2019). “Indiana Code § 16-21-2-10 provides that a person "must obtain a license" from the Department "before establishing, conducting, operating, or maintaining .”
Whole Woman's Health All. v. Curtis T. Hill, Jr., No. 19-2051 (7th Cir. Aug. 22, 2019). “Indiana Code § 16-21-2-10 provides that a person “must obtain a license” from the Indiana Department of Health “before establishing, conducting, operating, or main- taining … an abortion clinic.”
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