Chapter 3. COUNTY BOARDS OF HEALTH  


§ 31-3-1. Creation
§ 31-3-2. Composition; terms of members
§ 31-3-2.1. Option for certain counties to create board of health and wellness by ordinance
§ 31-3-3. Duty to inform department of membership
§ 31-3-4. Powers
§ 31-3-5. Functions
§ 31-3-5.1. Conformity prerequisite to building permit
§ 31-3-5.2. Definition of "gray water"; lawful use
§ 31-3-6. Rules and regulations of local application
§ 31-3-7. Compensation for members' attendance at meetings
§ 31-3-8. Records
§ 31-3-9. Office quarters and equipment
§ 31-3-10. Legal representation
§ 31-3-11. Appointments of director and staff; supervision
§ 31-3-12. Duties of director
§ 31-3-12.1. Contracts between county boards; authorization for and provisions applicable to county board of health serving as community service board
§ 31-3-13. Declaration of public policy; contracts for assistance to boards
§ 31-3-14. Financing of expenses
§ 31-3-15. Establishment of health districts
§ 31-3-16. Enforcement under local ordinances

REFS & ANNOS

TITLE 31 Chapter 3 NOTE

JUDICIAL DECISIONS
 
ADMINISTRATIVE PROCEDURE ACT DOES NOT APPLY TO COUNTY BOARDS OF HEALTH. --Administrative Procedure Act, O.C.G.A Ch. 13, T. 50, does not apply to county boards of health as these boards are not included within the definition of "agency." Aldridge v. Georgia Hospitality & Travel Ass'n, 251 Ga. 234, 304 S.E.2d 708 (1983).
 
CHOICE OF SITE FOR PUBLIC HEALTH CLINIC SUBJECT TO PRIVATE RIGHTS. --General power to establish and operate public health clinic does not include authority to ignore private rights in selecting location. Benton v. Pittard, 197 Ga. 843, 31 S.E.2d 6 (1944).
 
CITED in Brock v. Chappell, 196 Ga. 567, 27 S.E.2d 38 (1943); Georgia Dep't of Human Resources v. Demory, 138 Ga. App. 888, 227 S.E.2d 788 (1976).
 
OPINIONS OF THE ATTORNEY GENERAL
 
POWER TO IMPLEMENT AND ENFORCE STATE HEALTH LAWS AND REGULATIONS VESTED IN COUNTY BOARDS. --While county and district health agencies have enforcement responsibilities for state health laws and implementing regulations of Department of Human Resources (now the Department of Community Health for these purposes) the department itself has no direct statutory power over manner in which enforcement responsibility is met; instead that power is vested in county board of health. 1974 Op. Att'y Gen. No. 74-19.
 
EMPLOYEES OF COUNTY BOARDS OF HEALTH ARE COUNTY EMPLOYEES UNLESS OTHERWISE PROVIDED; therefore, for purposes of unemployment compensation, employees of various county boards of health are county employees, and county boards are accordingly responsible for all required reports and contributions for these employees. 1978 Op. Att'y Gen. No. 78-22.
 
COUNTY HEALTH PERSONNEL NOT STATE EMPLOYEES, ALTHOUGH STATE CONTRIBUTES TO SALARIES. --Fact that state makes grants to counties for purpose of defraying cost to county of salaries for its health personnel is not controlling on issue of whether persons are employees of county or state in that direct and ultimate responsibility for such salaries to employees is that of county. 1974 Op. Att'y Gen. No. 74-19.
 
COUNTY BOARD OF HEALTH EMPLOYEES ARE EMPLOYEES OF COUNTY FOR WORKERS' COMPENSATION PURPOSES. --County board of health exists as operating arm of county and the board's employees are for purposes of workmen's (now workers') compensation classified as county employees. 1960-61 Op. Att'y Gen. p. 590.
 
RESPONSIBILITY FOR WORKERS' COMPENSATION COVERAGE MAY BE ALTERED IN SOME INSTANCES. --Under existing statutory framework, employees of county boards of health and health districts performing functions for those agencies are employees of the county, not the Department of Human Resources (now the Department of Community Health for these purposes), although there may arise specific instances in which responsibility for workmen's (now workers') compensation coverage is altered because the relationship between the parties is altered. 1974 Op. Att'y Gen. No. 74-19.
 
RESEARCH REFERENCES
 
ALR. --Liability of governmental agency for emergency medical or surgical services rendered to poor person without its express authority, 93 ALR 900.
   Propriety of state or local government health officer's warrantless search -- post-Camara cases, 53 ALR4th 1168.