Transcript Spokane Regional Health District Board of Health

Powers and Duties of Local Boards of Health
Michelle K. Fossum
May 24, 2012
Health District Formation
 Creation of Health Department – RCW 70.05
 Exists as part of the local county government
 Creation of Health District – RCW 70.46
 Exists as a municipal corporation legally independent of
the County
 May be single or multiple Counties
Sources of Authority
 Washington State Constitution
 Revised Code of Washington
 SRHD Bylaws
Article 11, § 11 of Constitution
 Any county . . . may make and enforce within its limits
all such local police, sanitary and other regulations as
are not in conflict with the general laws.
 Construed by the Washington Supreme Court as a
“direct delegation of the police power as ample within its
limits as that possessed by the legislature itself.”
Spokane County Health District v. Brockett, 120 Wn.2d
140, 839 P.2d 324 (1992).
Revised Code of Washington
 RCW 70.05.060: Powers and Duties of Local Board of
Health
 Each local board of health shall have supervision over all
matters pertaining to the preservation of the life and
health of the people within its jurisdiction.
 Enforce, through Health Officer, state public health
statutes and regulations.
 Clean Indoor Air Act
 Food Establishment regulations
 Water recreation regulations
 Supervise the maintenance of health and sanitary
measures in the jurisdiction
 On site sewage systems
 Solid Waste
 Enact rules and regulations necessary to “preserve,
promote and improve the public health” and provide
for enforcement thereof.
 Electronic cigarettes
 Needle exchange program
 Provide for the control of “dangerous, contagious or
infectious disease”.
 Tuberculosis
 Pandemic flu planning
 E-coli
 Pertussis
 Provide for the prevention, control and abatement of
nuisances.
 Methamphetamine houses
 Make reports to the State Board of Health
 Establish fee schedules for
 Issuing or renewing licenses or permits
 For such other services as are authorized by the law
 Shall not exceed the cost of providing the services.
SRHD Bylaws
 Health Officer
 Appoint
 Set Salary
 Annual Performance Evaluations
 Administrator
 Approve appointment
 Approve Salary
 SRHD Budget
 Set Fee Schedule
 Fulfill duties set forth in RCW 70.05
 Issue nonbinding guidelines and recommendations
Court Interpretation of Powers
 Public health statutes and the actions of local boards
implementing those statutes are liberally construed
because protecting and preserving the health of
citizens from disease is an important governmental
function.
 Extraordinary power that might be unreasonable in
another context
 Matter and expediency of public health disease
prevention measures are beyond judicial control, except
to the extent there is a violation of the constitutional
rights of the plaintiff.
Limitations
 If there is a more specific legislative enactment, local
board of health cannot act contrary to the statute.
 If there is an infringement on a constitutional right,
then local board of health’s power is limited.
Conclusion
 Broad grant of power to local boards of health to
protect the citizens.
 Must be utilized with great responsibility.