WEST virginia Legislature
2017 regular session
to the Committee on Government Organization
A BILL to amend and reenact §16-2-3, §16-2-11 and §16-2-13 of the Code of West Virginia, 1931, as amended, all relating to powers and duties of local boards of health; granting county commissions authority to approve, modify or disapprove policies to be implemented by local boards of health; and allowing county commissions to review existing policies and approve, modify or void them.
Be it enacted by the Legislature of West Virginia:
That §16-2-3, §16-2-11 and §16-2-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. LOCAL BOARDS OF HEALTH.
§16-2-3. Authority to create, establish and maintain county boards of health; service area; health policy approval.
(a) If no other local board of health responsible for public health in a specific service area is organized pursuant to this article a county commission shall approve, create, establish and maintain a county board of health. The county board of health shall be organized and have the powers and duties as set forth in this article.
(b) The service area of any county board of health is the county territorial limits. It shall include all municipalities within the county: Provided, That a municipality within the county territorial limits that operates a municipal board of health and maintains a separate full-time municipal health department under the supervision of a municipal local health officer or, that is a member of a combined local board of health, may not be included in a local board of health.
(c) The county board of health is required to submit any potential health policy to the county commission sixty days prior to the anticipated enforcement and enactment date of the policy. The county commission may by a majority vote of its members enter an order either approving, modifying or disapproving any county-wide health policy which the county board of health wishes to implement. If the county commission enters an order which disapproves the policy, the county board of health may not enact or enforce the policy. The county commission may call up any policy of the county board of health existing prior to the enactment of this section during the 2017 Regular Session of the Legislature and approve, modify or void such policy.
§16-2-11. Local board of health; powers and duties.
(a) Each local board of health created, established and operated pursuant to the provisions of this article shall:
(1) Provide the following basic public health services and programs in accordance with state public health performance-based standards: Provided, That any local board of health created pursuant to section three of this article is required to have any policy approved by order of the county commission;
(i) Community health promotion including assessing and reporting community health needs to improve health status, facilitating community partnerships including identifying the community's priority health needs, mobilization of a community around identified priorities and monitoring the progress of community health education services;
(ii) Environmental health protection including the promoting and maintaining of clean and safe air, water, food and facilities and the administering of public health laws as specified by the commissioner as to general sanitation, the sanitation of public drinking water, sewage and wastewater, food and milk, and the sanitation of housing, institutions, and recreation; and
(iii) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics, and prevention and control of rabies, sexually transmitted diseases, vaccine preventable diseases, HIV/AIDS, tuberculosis and other communicable and reportable diseases;
(2) Appoint a local health officer to serve at the will and pleasure of the local board of health with approval of the commissioner;
(3) Submit a general plan of operation to the commissioner for approval, if it receives any state or federal money for health purposes. This program plan shall be submitted annually and comply with provisions of the local board of health standards administrative rule: Provided, That the commissioner may not modify or alter any policy of any local board of health created pursuant to section three of this article which has been approved by the county commission pursuant to subsection (c) of section three of this article.
(4) Provide equipment and facilities for the local health department that are in compliance with federal and state law;
commissioner to act by and through it, as needed. The commissioner may enforce
all public health laws of this state, the rules and orders of the secretary,
any county commission orders or municipal ordinances of the board's
service area relating to public health, and the rules and orders of the local
board within the service area of a local board. The commissioner may enforce
these laws, rules and orders when, in the opinion of the commissioner, a public
health emergency exists or when the local board fails or refuses to enforce
public health laws and rules necessary to prevent and control the spread of a
communicable or reportable disease dangerous to the public health. The expenses
incurred shall be charged against the counties or municipalities concerned Permit
the commissioner to act by and through the local board of health when, in the
opinion of the commissioner, a public health emergency exists or when the local
board fails or refuses to enforce public health laws and rules necessary to
prevent and control the spread of a communicable or reportable disease
dangerous to the public health. Acting through the local board of health the
(A) Enforce all public health laws of this state;
(B) Enforce the rules and orders of the secretary;
(C) Enforce any county commission orders including orders of the county commission approving local board of health policy;
(D) Enforce any municipal ordinances of the board’s service area relating to public health; and
(E) Enforce the rules and orders of the local board within the service area of a local board.
The expenses incurred shall be charged against the counties or municipalities concerned;
(6) Deposit all moneys and collected fees into an account designated for local board of health purposes. The moneys for a municipal board of health shall be deposited with the municipal treasury in the service area. The moneys for a county board of health shall be deposited with the county treasury in the service area. The moneys for a combined local board of health shall be deposited in an account as designated in the plan of combination: Provided, That nothing contained in this subsection is intended to conflict with the provisions of article one, chapter sixteen of this code;
(7) Submit vouchers or other instruments approved by the board and signed by the local health officer or designated representative to the county or municipal treasurer for payment of necessary and reasonable expenditures from the county or municipal public health funds: Provided, That a combined local board of health shall draw upon its public health funds account in the manner designated in the plan of combination;
(8) Participate in audits, be in compliance with tax procedures required by the state and annually develop a budget for the next fiscal year;
(9) Perform public health duties approved and assigned by order of a county commission or by municipal ordinance consistent with state public health laws; and
(10) Enforce the public health laws of this state and any other laws of this state applicable to the local board.
(b) Each local board of health created, established and operated pursuant to the provisions of this article may:
(1) Provide primary care services, clinical and categorical programs, and enhanced public health services;
(2) Employ or contract with any technical, administrative, clerical or other persons, to serve as needed and at the will and pleasure of the local board of health. Staff and any contractors providing services to the board shall comply with applicable West Virginia certification and licensure requirements. Eligible staff employed by the board shall be covered by the rules of the Division of Personnel under section six, article ten, chapter twenty-nine of this code. However, any local board of health may, in the alternative and with the consent and approval of the appointing authority, establish and adopt a merit system for its eligible employees. The merit system may be similar to the state merit system and may be established by the local board by its order, subject to the approval of the appointing authority, adopting and making applicable to the local health department all, or any portion of any order, rule, standard, or compensation rate in effect in the state merit system as may be desired and as is properly applicable;
(3) Adopt and promulgate and from time to time amend rules consistent with state public health laws and the rules of the West Virginia State Department of Health and Human Resources, that are necessary and proper for the protection of the general health of the service area and the prevention of the introduction, propagation and spread of disease. Any action on these rules requires the approval of the county commission as set forth in subsection (c) of section three of this article. All rules shall be filed with the clerk of the county commission or the clerk or the recorder of the municipality or both and shall be kept by the clerk or recording officer in a separate book as public records;
(4) Accept, receive and receipt for money or property from any federal, state or local governmental agency, from any other public source or from any private source, to be used for public health purposes or for the establishment or construction of public health facilities;
(5) Assess, charge and collect fees for permits and licenses for the provision of public health services: Provided, That permits and licenses required for agricultural activities may not be assessed, charged or collected: Provided, however, That a local board of health may assess, charge and collect all of the expenses of inspection of the physical plant and facilities of any distributor, producer or pasteurizer of milk whose milk distribution, production or pasteurization facilities are located outside this state but who sells or distributes in the state, or transports, causes or permits to be transported into this state, milk or milk products for resale, use or consumption in the state and in the service area of the local board of health. A local board of health may not assess, charge and collect the expenses of inspection if the physical plant and facilities are regularly inspected by another agency of this state or its governmental subdivisions or by an agency of another state or its governmental subdivisions certified as an approved inspection agency by the commissioner. No more than one local board of health may act as the regular inspection agency of the physical plant and facilities; when two or more include an inspection of the physical plant and facilities in a regular schedule, the commissioner shall designate one as the regular inspection agency;
(6) Assess, charge and collect fees for services provided by the local health department: Provided, That fees for services shall be submitted to and approved by the commissioner: Provided, however, That a local health department may bill health care service fees to a payor which includes, but is not limited to, Medicaid, a Medicaid Managed Care Organization and the Public Employees Insurance Agency for medical services provided: Provided further, that health care service fees billed by a local health department are not subject to commissioner approval and may be at the payor’s maximum allowable rate.
(7) Contract for payment with any municipality, county or Board of Education for the provision of local health services or for the use of public health facilities. Any contract shall be in writing and permit provision of services or use of facilities for a period not to exceed one fiscal year. The written contract may include provisions for annual renewal by agreement of the parties; and
(8) Retain and make available child safety car seats, collect rental and security deposit fees for the expenses of retaining and making available child safety car seats, and conduct public education activities concerning the use and preventing the misuse of child safety car seats: Provided, That this subsection is not intended to conflict with the provisions of section forty-six, article fifteen, chapter seventeen-c of this code: Provided, however, That any local board of health offering a child safety car seat program or employee or agent of a local board of health is immune from civil or criminal liability in any action relating to the improper use, malfunction or inadequate maintenance of the child safety car seat and in any action relating to the improper placement, maintenance or securing of a child in a child safety car seat.
(c) The local boards of health are charged with protecting the health and safety, as well as promoting the interests of the citizens of West Virginia. All state funds appropriated by the Legislature for the benefit of local boards of health shall be used for provision of basic public health services.
§16-2-13. Local health officer; powers and duties.
A local health officer
serves as the executive officer of the local board and under its supervision, a
local health officer shall administer the provisions of this article, all other
laws of this state and the rules and orders of the secretary of the department
relating to public health and applicable to the local board' s service area, any county commission orders and
municipal ordinances of the board' s
service area relating to public health and the rules and orders of the local
(a) A local health officer serves as the executive officer of the local board. A local health officer shall administer the provisions of this article including:
(1) Enforcement of laws of this state relating to public health applicable to the local board of health’s service area;
(2) Enforcement of rules and orders of the secretary of the department relative to public health and applicable to the local board’s service area;
(3) Orders of the county commission relative to policy development of the local board of health and applicable to the local board of health’s service area; and
(4) Municipal ordinances of the board’s service area relating to public health and the rules and orders of the local board.
(b) A local health officer has the following additional powers and duties which may be delegated with the approval of the board:
(1) To attend local board meetings as a nonvoting member. A local health officer serves as secretary at all board meetings and is responsible for maintaining the board's offices, meeting minutes and records;
(2) To supervise and direct the activities of the local board's health services, employees and facilities;
(3) To ensure that procedures are established for the receipt of communicable or reportable disease reports from local physicians and other reporting sources and for the transmittal of the reports to the commissioner;
(4) To perform mandatory HIV tests on persons convicted of sex-related offenses and resident within the service area; and
(5) To determine when sufficient corrections have been made to warrant removal of any restrictions or limitations placed on an individual or entity for public health purposes by an employee of the local board of health.
NOTE: The purpose of this bill is to provide for approval by the county commission of all health policies enacted by local boards of health.
Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.
§16-2-3 has been completely rewritten; therefore, it has been completely underscored.