Powers and Duties of Local Boards of Health Michelle K. Fossum May 24, 2012

Health District Formation Creation of Health Department – RCW Exists as part of the local county government Creation of Health District – RCW 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 :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 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.