|
Custer County Board of Health |
|
By-Laws |
| |
|
Article I.
Board Membership |
| |
|
Membership of the Custer County Board of Health
will consist of five (5) members appointed by the Custer County
Commissioners. Terms of the appointed members shall be staggered
and shall be for three (3) years each. In order to meet all of the
regulations necessary to establish and maintain the Board,
membership shall be broadly representative of the community. |
| |
|
Any board of health member may resign at any time
by giving written notice to the county commissioners and governing
body of the city. Such resignation, which may or may not be made
contingent of formal acceptance, takes effect on the date of receipt
or at any time later specified in it. |
| |
|
A vacancy on the board of health will be filled
for the remainder of the unexpired term by appointment by the
County Commissioners.. Vacancies shall be appointed in an
expeditious manner in order to maintain the make up of the Board in
order to conduct business. |
| |
|
Article II.
Election of Officers |
| |
|
Board of health will elect a Chairperson and Vice
Chairperson each January for a one-year term. Chairperson shall
preside at every meeting. In chairperson’s absence, the vice
chairperson will assume the chairmanship. Should an officer vacancy
occur, the chairman shall appoint by the board each year during the
month of January. The recording secretary will be a representative
of the Custer County Health Department Nurses Office. |
| |
|
Article III.
Powers and Duties of the Board |
| |
|
Powers and duties of the board will relate to the
administrative rules of the Montana Section 50, Chapter 2 of Local
Boards of Health. (see attachment #1) |
| |
|
Custer County Commissioners will retain fiscal
powers for the board. Hiring of the Custer County Nursing Director
and Sanitarian will rest solely with the County Commissioners. |
| |
|
Article IV.
Meetings |
| |
|
Regular Meetings of the Board of Health will be
held quarterly in December, March, June and September at noon, and
the place will be designated by the chairperson of the City-County
Board of Health. |
| |
|
Special meetings of the Board of Health will be
with verbal notice to all board members. |
| |
|
A quorum will consist of three members. Majority
vote will be required for a favorable decision to be made by the
board. If a board member has more than two unexcused absences in a
year, the commissioners and the governing body of the city may
appoint by mutual agreement a new board of health member to take
that individual’s place. |
| |
|
Meetings are open to the public and everyone is
encouraged to attend. Notice will be given one (1) week in
advance. The agenda for the meeting will be prepared as follows
with additional agenda items being communicated to the Board
Chair. |
| |
|
Agenda for each meeting will be as follows: |
| |
|
A.
Approval of minutes |
|
B.
Special presentations |
|
C.
Health officer report |
|
D.
Nursing Director of Health
Department |
|
Sub areas report |
|
E.
Sanitarian |
|
F.
Other reports |
|
G.
Other business |
|
H.
Executive session |
| |
|
Suggested guidelines for each of the reports
presented to the Health Board will be as follows: |
|
A.
Comparative statistics
regarding utilization (i.e. present compared to past.) |
|
B.
Any health issues that
pertain to the group or program. |
|
C.
Money problems in relation
to the ability to provide services and that related to the county. |
|
D.
Staff or program/policy
changes. |
| |
|
Minutes of the previous board meetings and agenda
will be sent out to members and will be made available upon request
to any person interested. |
| |
|
COUNTY BOARD OF HEALTH |
| |
|
ATTACHMENT #1 |
| |
|
50-2-104. County boards of health.
(1) There is a county board of health in each county consisting of: |
|
(a) the county commissioners and two members
who are appointed by the county commissioners and serve at their
pleasure; or |
|
(b) a minimum of five persons who are
appointed by the county commissioners and serve at their pleasure. |
|
(2) Terms of appointed members must be
staggered and be for 3 years each. |
|
(3) The county commissioners shall establish
the staggered order of terms and all rules necessary to establish
and maintain the board. |
| |
|
History:
En. Sec. 81, Ch. 197, L. 1967; amd. Sec. 1, Ch. 216, L. 1969; amd.
Sec. 20, Ch. 187, L. 1977; R.C.M. 1947, 69-4504; amd. Sec. 1, Ch.
163, L. 1999. |
| |
|
50-2-108.
Financing of local boards -- inspection fund.
(1) Local boards are financed by general fund appropriations,
special levy appropriations, state and federal funds available, and
contributions from school boards and other official and nonofficial
agencies. |
|
(2) There is within the state special
revenue fund a local board inspection fund account. |
| |
|
History:
En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd.
Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(1); (2)En. Sec. 4,
Ch. 336, L. 1983; amd. Sec. 48, Ch. 281, L. 1983. |
| |
|
50-2-109.
County board appropriations.
County boards are financed by an appropriation from the general fund
of the county after approval of a budget in the way provided for
other county offices and departments under Title 7, chapter 6, part
23. |
| |
|
History:
En. Sec. 85, Ch. 197, L. 1967; amd. Sec. 1, Ch. 351, L. 1974; amd.
Sec. 21, Ch. 187, L. 1977; R.C.M. 1947, 69-4508(2)(a). |
|
50-2-115.
Legal adviser to local boards.
The county attorney shall serve as legal adviser to local boards as
established by 50-2-104 and 50-2-106. The county attorney shall
represent the local board in those matters relating to the
functions, powers, and duties of local boards. |
|
History:
En. 69-4508.1 by Sec. 1, Ch. 273, L. 1975; R.C.M. 1947, 69-4508.1. |
| |
|
50-2-116.
Powers and duties of local boards of health.
(1) In order to carry out the purposes of the public health system,
in collaboration with federal, state, and local partners, each local
board of health shall: |
|
(a) appoint and fix the salary of a local
health officer who is: |
|
(i) a physician; |
|
(ii) a person with a master's degree in
public health; or |
|
(iii) a person with equivalent education and
experience, as determined by the department; |
|
(b) elect a presiding officer and other
necessary officers; |
|
(c) employ qualified staff; |
|
(d) adopt bylaws to govern meetings; |
|
(e) hold regular meetings at least quarterly
and hold special meetings as necessary; |
|
(f) identify, assess, prevent, and
ameliorate conditions of public health importance through: |
|
(i) epidemiological tracking and
investigation; |
|
(ii) screening and testing; |
|
(iii) isolation and quarantine measures; |
|
(iv) diagnosis, treatment, and case
management; |
|
(v) abatement of public health nuisances; |
|
(vi) inspections; |
|
(vii) collecting and maintaining health
information; |
|
(viii) education and training of health
professionals; or |
|
(ix) other public health measures as allowed
by law; |
|
(g) protect the public from the introduction
and spread of communicable disease or other conditions of public
health importance, including through actions to ensure the removal
of filth or other contaminants that might cause disease or adversely
affect public health; |
|
(h) supervise or make inspections for
conditions of public health importance and issue written orders for
compliance or for correction, destruction, or removal of the
conditions; |
|
(i) bring and pursue actions and issue
orders necessary to abate, restrain, or prosecute the violation of
public health laws, rules, and local regulations; |
|
(j) identify to the department an
administrative liaison for public health. The liaison must be the
local health officer in jurisdictions that employ a full-time local
health officer. In jurisdictions that do not employ a full-time
local health officer, the liaison must be the highest ranking public
health professional employed by the jurisdiction. |
|
(k) subject to the provisions of 50-2-130,
adopt necessary regulations that are not less stringent than state
standards for the control and disposal of sewage from private and
public buildings and facilities that are not regulated by Title 75,
chapter 6, or Title 76, chapter 4. The regulations must describe
standards for granting variances from the minimum requirements that
are identical to standards promulgated by the board of environmental
review and must provide for appeal of variance decisions to the
department as required by 75-5-305. |
|
(2) Local boards of health may: |
|
(a) accept and spend funds received from a
federal agency, the state, a school district, or other persons or
entities; |
|
(b) adopt necessary fees to administer
regulations for the control and disposal of sewage from private and
public buildings and facilities; |
|
(c) adopt regulations that do not conflict
with rules adopted by the department: |
|
(i) for the control of communicable
diseases; |
|
(ii) for the removal of filth that might
cause disease or adversely affect public health; |
|
(iii) subject to the provisions of 50-2-130,
for sanitation in public and private buildings and facilities that
affects public health and for the maintenance of sewage treatment
systems that do not discharge effluent directly into state water and
that are not required to have an operating permit as required by
rules adopted under 75-5-401; |
|
(iv) subject to the provisions of 50-2-130
and Title 50, chapter 48, for tattooing and body-piercing
establishments and that are not less stringent than state standards
for tattooing and body-piercing establishments; |
|
(v) for the establishment of institutional
controls that have been selected or approved by the: |
|
(A) United States environmental protection
agency as part of a remedy for a facility under the federal
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 42 U.S.C. 9601, et seq.; or |
|
(B) department of environmental quality as
part of a remedy for a facility under the Montana Comprehensive
Environmental Cleanup and Responsibility Act, Title 75, chapter 10,
part 7; and |
|
(vi) to implement the public health laws;
and |
|
(d) promote cooperation and formal
collaborative agreements between the local board of health and
tribes, tribal organizations, and the Indian health service
regarding public health planning, priority setting, information and
data sharing, reporting, resource allocation, service delivery,
jurisdiction, and other matters addressed in this title. |
|
(3) A local board of health may provide,
implement, facilitate, or encourage other public health services and
functions as considered reasonable and necessary. |
| |
History:
En. Sec. 86, Ch. 197, L. 1967; amd. Sec. 4, Ch. 216, L. 1969; amd.
Sec. 1, Ch. 196, L. 1971; amd. Secs. 108, 111, Ch. 349, L. 1974; amd.
Sec. 2, Ch. 273, L. 1975; R.C.M. 1947, 69-4509; amd. Sec. 1, Ch.
709, L. 1985; amd. Sec. 2, Ch. 479, L. 1991; amd. Sec. 2, Ch. 324,
L. 1995; amd. Sec. 88, Ch. 418, L. 1995; amd. Sec. 6, Ch. 471, L.
1995; amd. Sec. 2, Ch. 137, L. 1999; amd. Sec. 7, Ch. 391, L. 2003;
amd. Sec. 18, Ch. 386, L. 2005; amd. Sec. 5, Ch. 150, L. 2007.
|
|
50-2-118.
Powers and duties of local health officers.
In order to carry out the purpose of the public health system, in
collaboration with federal, state, and local partners, local health
officers or their authorized representatives shall:
|
(1) make inspections for conditions of public health importance
and issue written orders for compliance or for correction,
destruction, or removal of the condition;
|
(2) take steps to limit contact between people in order to
protect the public health from imminent threats, including but not
limited to ordering the closure of buildings or facilities where
people congregate and canceling events;
|
(3) report communicable diseases to the department as required
by rule;
|
(4) establish and maintain quarantine and isolation measures as
adopted by the local board of health; and
|
(5) pursue action with the appropriate court if this chapter or
rules adopted by the local board or department under this chapter
are violated.
|
|
History:
En. Sec. 87, Ch. 197, L. 1967; amd. Sec. 2, Ch. 196, L. 1971; amd.
Sec. 56, Ch. 349, L. 1974; R.C.M. 1947, 69-4510; amd. Sec. 1, Ch.
200, L. 1979; amd. Sec. 18, Ch. 708, L. 1991; amd. Sec. 8, Ch. 391,
L. 2003; amd. Sec. 27, Ch. 474, L. 2003; amd. Sec. 6, Ch.
150, L. 2007.
|
