H. B. 2231
(By Delegates Proudfoot, Mezzatesta,
Staton and Martin)
[Introduced February 26, 1997; referred to the
Committee on Health and Human Resources.]
A BILL to amend and reenact section three, article two-a, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to expanding the
powers and duties of county and municipal boards of health.
Be it enacted by the Legislature of West Virginia:
That section three, article two-a, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2A. ALTERNATIVE METHOD OF ORGANIZING LOCAL HEALTH
AGENCIES.
§16-2A-3. Powers and duties of county and municipal boards of health; filing of rules.
County or municipal boards of health created
and established
pursuant to the provisions of this article shall direct, supervise and control all matters relating to the general health
and sanitation of their respective counties or municipalities.
The local boards of health also have the power and authority to
adopt and promulgate and from time to time amend rules consistent
with the public health laws of this state and the rules of the
West Virginia state department of health and human resources, as
may be necessary
and proper for the protection of the general
health of the county or municipality and the prevention of the
introduction, propagation and spread of disease. All rules shall
be filed, in the case of a county board, with the clerk of the
county commission, and in the case of a municipal board, with the
clerk, recorder or similar officer of the municipality. The
rules shall be kept by the clerk or recording officer in a
separate book and
shall be are public records.
It is the duty of local boards of health to protect the
general health and supervise and control the sanitation of their
respective counties and municipalities,
including the restrooms
in all public and private schools for grades kindergarten through
twelfth located in their respective counties and municipalities;
to enforce the laws of this state pertaining to public health,
and the rules of the department of health and human resources,
insofar as they are applicable to counties or municipalities; and
to perform duties in relation to public health as may be prescribed by order of the county commission or by ordinance of
the municipality consistent with the public health laws of this
state and the regulations duly adopted by the department of
health and human resources. All local boards of health receiving
state or federal funds for health purposes shall submit a general
plan of operation for health purposes to the commissioner of the
bureau division of public health for approval. The commissioner
may act through any county or municipal board of health created,
established and operated pursuant to the provisions of this
article.
Local departments of health created
and established pursuant
to the provisions of either this article or article two of this
chapter shall be notified of each immunization for hepatitis-b
and other blood borne pathogens received by firefighters within
the service area of the local department of health. Local
departments of health shall maintain, for a period of not less
than thirty years, a record of the date of the immunization and
the name of each firefighter within the service area of the local
health department immunized against hepatitis-b and other blood
borne pathogens.
NOTE: The purpose of this bill is to require local boards of health to monitor the sanitation of school restrooms.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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