HB0007112th GA (Historical)Introduced

Amends TCA Title 5 and Title 68, Chapter 2, Part 6.

Present law authorizes county legislative bodies to create county boards of health. Present law authorizes county boards of health to, among other things, adopt rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county. Present law authorizes a county health director to order certain actions, such as cessation or correction of an activity that threatens violation of a matter that is within the county health director's enforcement responsibility, after notice and opportunity for a hearing. If a condition or activity exists or is threatened that, in the opinion of a county health director, causes or threatens an immediate danger to the public health under circumstances in which an opportunity for prior hearing might further seriously endanger the health of the public, the county health director is authorized to issue an order prior to providing an opportunity for a hearing. Present law also authorizes a county health officer to order quarantines to protect the public health from an epidemic and closure of public facilities where unsanitary conditions exist that significantly threaten public health. This bill conditions such present law authority for county boards of health, county health director, and county health officers, by giving county mayors in Shelby, Davidson, Knox, Hamilton, Sullivan, and Madison counties the exclusive authority to establish and implement health policies that affect the entire county in response to a county-wide health emergency. The county health director, county health officer, county board of health, and health committee will advise the county mayor in establishing and implementing any such health policies. ON MARCH 8, 2021, THE HOUSE ADOPTED AMENDMENT #1, AS AMENDED BY AMENDMENT #1 TO 1, AND PASSED HOUSE BILL 7, AS AMENDED. AMENDMENT #1, AS AMENDED, rewrites this bill and the present law provisions governing the powers of a county board of health. Under present law, the powers and duties of county boards of health include: (1) Enforcing, through the county health director or the county health officer, or both, such rules and regulations as may be prescribed by the commissioner of health essential to the control of preventable diseases and the promotion and maintenance of the general health of the county; and (2) Adopting rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county. The regulations must be at least as stringent as the standard established by a state law or regulation as applicable to the same or similar subject matter. Regulations of a county board of health supersede less stringent or conflicting local ordinances. This amendment revises the above provisions to make the board's role advisory only in situations where there is an actual or potential public health emergency, as determined by the county mayor. Under this amendment, in such situations the county board of health will advise the county mayor on the adoption and enforcement of the rules and regulations described above in (1) and (2).

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Overview

Present law authorizes county legislative bodies to create county boards of health. Present law authorizes county boards of health to, among other things, adopt rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county. Present law authorizes a county health director to order certain actions, such as cessation or correction of an activity that threatens violation of a matter that is within the county health director's enforcement responsibility, after notice and opportunity for a hearing. If a condition or activity exists or is threatened that, in the opinion of a county health director, causes or threatens an immediate danger to the public health under circumstances in which an opportunity for prior hearing might further seriously endanger the health of the public, the county health director is authorized to issue an order prior to providing an opportunity for a hearing. Present law also authorizes a county health officer to order quarantines to protect the public health from an epidemic and closure of public facilities where unsanitary conditions exist that significantly threaten public health. This bill conditions such present law authority for county boards of health, county health director, and county health officers, by giving county mayors in Shelby, Davidson, Knox, Hamilton, Sullivan, and Madison counties the exclusive authority to establish and implement health policies that affect the entire county in response to a county-wide health emergency. The county health director, county health officer, county board of health, and health committee will advise the county mayor in establishing and implementing any such health policies. ON MARCH 8, 2021, THE HOUSE ADOPTED AMENDMENT #1, AS AMENDED BY AMENDMENT #1 TO 1, AND PASSED HOUSE BILL 7, AS AMENDED. AMENDMENT #1, AS AMENDED, rewrites this bill and the present law provisions governing the powers of a county board of health. Under present law, the powers and duties of county boards of health include: (1) Enforcing, through the county health director or the county health officer, or both, such rules and regulations as may be prescribed by the commissioner of health essential to the control of preventable diseases and the promotion and maintenance of the general health of the county; and (2) Adopting rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county. The regulations must be at least as stringent as the standard established by a state law or regulation as applicable to the same or similar subject matter. Regulations of a county board of health supersede less stringent or conflicting local ordinances. This amendment revises the above provisions to make the board's role advisory only in situations where there is an actual or potential public health emergency, as determined by the county mayor. Under this amendment, in such situations the county board of health will advise the county mayor on the adoption and enforcement of the rules and regulations described above in (1) and (2).

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

November 10, 2020

Subjects
3865454543652960288526352120127511001095

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HB0007: Amends TCA Title 5 and Title 68, Chapter 2, Part 6. | LegisGo