| 10 | 6 | | boards of health, so as to revise the manner of selection and qualifications of district health2 |
|---|
| 11 | 7 | | directors; to provide for the appointment of an interim district health director; to provide for3 |
|---|
| 12 | 8 | | conforming changes; to provide for related matters; to repeal conflicting laws; and for other4 |
|---|
| 13 | 9 | | purposes.5 |
|---|
| 14 | 10 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6 |
|---|
| 15 | 11 | | SECTION 1.7 |
|---|
| 16 | 12 | | Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards8 |
|---|
| 17 | 13 | | of health, is amended by revising Code Section 31-3-11, relating to appointments of director9 |
|---|
| 18 | 14 | | and staff and supervision, as follows:10 |
|---|
| 19 | 15 | | "31-3-11.11 |
|---|
| 26 | 21 | | - 1 - 24 LC 52 0535S |
|---|
| 27 | 22 | | pursuant to the budget adopted by the county board of health in accordance with Code16 |
|---|
| 28 | 23 | | Section 31-3-14.17 |
|---|
| 29 | 24 | | (b) Each employee of a county board of health whose duties include enforcing those18 |
|---|
| 30 | 25 | | environmental health laws of this state or environmental health regulations of that board19 |
|---|
| 31 | 26 | | of health relating to septic tanks or individual sewage management systems shall be subject20 |
|---|
| 32 | 27 | | to the direction and supervision of the district director of environmental health, although21 |
|---|
| 33 | 28 | | the hiring and termination from employment of such employee shall be subject to the22 |
|---|
| 34 | 29 | | director of that county board of health. The employment activities of such employee with23 |
|---|
| 35 | 30 | | regard to environmental health shall be reported to the director of environmental health24 |
|---|
| 36 | 31 | | through the district director of environmental health at least quarterly. The director of25 |
|---|
| 37 | 32 | | environmental health may recommend to that director of that county board of health26 |
|---|
| 38 | 33 | | personnel actions, including but not limited to termination, which the director of27 |
|---|
| 39 | 34 | | environmental health deems appropriate for such employee's failure or refusal to comply28 |
|---|
| 40 | 35 | | with the direction of the director of environmental health in the carrying out of the29 |
|---|
| 41 | 36 | | environmental health employment duties of such employee. As used in this subsection, the30 |
|---|
| 42 | 37 | | term 'director of environmental health' means the director of environmental health of the31 |
|---|
| 43 | 38 | | Department of Public Health."32 |
|---|
| 44 | 39 | | SECTION 2.33 |
|---|
| 45 | 40 | | Said chapter is further amended by revising Code Section 31-3-12, relating to duties of34 |
|---|
| 46 | 41 | | director, as follows:35 |
|---|
| 47 | 42 | | "31-3-12.36 |
|---|
| 48 | 43 | | (a) The commissioner shall appoint a district health director for each health district to37 |
|---|
| 49 | 44 | | serve as the chief executive officer of each local health department in that district. The38 |
|---|
| 50 | 45 | | county boards of health of the constituent counties shall, at the call of the commissioner,39 |
|---|
| 51 | 46 | | meet in joint session to approve, by a majority vote, the selection of a director appointed40 |
|---|
| 52 | 47 | | by the commissioner to serve such boards in common. A county board of health is41 |
|---|
| 54 | 49 | | - 2 - 24 LC 52 0535S |
|---|
| 55 | 50 | | authorized to appoint one of its members to represent the board at a joint meeting for this42 |
|---|
| 56 | 51 | | purpose.43 |
|---|
| 57 | 52 | | (b) The district health director must meet the requirements and rules of the State Personnel44 |
|---|
| 58 | 53 | | Board and either be licensed to practice medicine under Chapter 34 of Title 43, or if not so45 |
|---|
| 59 | 54 | | licensed, at a minimum, have a master's degree in public health or another related field. 46 |
|---|
| 60 | 55 | | If not licensed, the district health director shall select a physician who is licensed to47 |
|---|
| 61 | 56 | | practice medicine under Chapter 34 of Title 43 to serve as the chief medical officer48 |
|---|
| 62 | 57 | | overseeing the clinical programs within local health departments. The district health49 |
|---|
| 63 | 58 | | director may also serve as the chief medical officer if he or she is licensed to practice50 |
|---|
| 64 | 59 | | medicine under Chapter 34 of Title 43 and meets the requirements of the rules of the State51 |
|---|
| 65 | 60 | | Personnel Board. The district health director shall serve under the supervision of the52 |
|---|
| 66 | 61 | | commissioner and is subject to personnel action by the commissioner. The district health53 |
|---|
| 67 | 62 | | director shall designate such personnel necessary for the appropriate performance of duties54 |
|---|
| 68 | 63 | | and proper exercise of powers subject to the budget.55 |
|---|
| 69 | 64 | | (c) Upon a vacancy of a district health director for any reason, the commissioner is56 |
|---|
| 70 | 65 | | authorized to appoint an interim district health director without county board of health57 |
|---|
| 71 | 66 | | approval until a permanent district health director is appointed and approved by vote of the58 |
|---|
| 72 | 67 | | county boards of health. If a permanent district health director is not appointed or59 |
|---|
| 73 | 68 | | approved within one year of vacancy, the department shall provide quarterly updates to the60 |
|---|
| 74 | 69 | | county boards of health on recruitment efforts until a permanent district health director is61 |
|---|
| 75 | 70 | | appointed and approved.62 |
|---|
| 76 | 71 | | (d) Subject to the policies and directives of the county board of health and the policies and63 |
|---|
| 77 | 72 | | directives of the multiple county districts served, the director shall perform the functions64 |
|---|
| 78 | 73 | | and exercise the powers set forth in this chapter except the power to adopt bylaws and to65 |
|---|
| 79 | 74 | | adopt rules and regulations and may delegate the powers and authority conferred, or any66 |
|---|
| 80 | 75 | | part thereof, to one or more individuals as he or she may deem appropriate. The director67 |
|---|
| 81 | 76 | | shall devote his or her entire time to the service of the county board of health and to the68 |
|---|
| 89 | 82 | | reports to the county board of health and the agency in charge of the multiple county72 |
|---|
| 90 | 83 | | district in such manner and form and with such frequency as required by it and shall also73 |
|---|
| 91 | 84 | | report to the department in such manner, detail, and form as the department may specify."74 |
|---|
| 92 | 85 | | SECTION 3.75 |
|---|
| 93 | 86 | | Said chapter is further amended by revising subsection (a) of Code Section 31-3-12.1,76 |
|---|
| 94 | 87 | | relating to contracts between county boards and authorization for and provisions applicable77 |
|---|
| 95 | 88 | | to county board of health serving as community service board, as follows:78 |
|---|
| 96 | 89 | | "(a) In addition to any other power authorized by law, the county governing authority may79 |
|---|
| 97 | 90 | | authorize the county board of health to enter into a contract with the Department of80 |
|---|
| 98 | 91 | | Behavioral Health and Developmental Disabilities or a community mental health,81 |
|---|
| 99 | 92 | | developmental disabilities, and addictive diseases service board created under Chapter 282 |
|---|
| 100 | 93 | | of Title 37 to provide certain mental health, developmental disabilities, and addictive83 |
|---|
| 101 | 94 | | diseases services based on the contractual agreement between the parties. In the event that84 |
|---|
| 102 | 95 | | the county governing authority exercises the authority granted by this subsection, the85 |
|---|
| 103 | 96 | | county board of health shall appoint a director for mental health, developmental86 |
|---|
| 104 | 97 | | disabilities, and addictive diseases or a supervisor of the specific service which is being87 |
|---|
| 105 | 98 | | provided by the county board of health, whichever is applicable, who shall meet the88 |
|---|
| 106 | 99 | | requirements established by this subsection. The director for mental health, developmental89 |
|---|
| 107 | 100 | | disabilities, and addictive diseases, or the service supervisor, shall not be required to be a90 |
|---|
| 108 | 101 | | physician and shall be a person other than the director of the county board of health91 |
|---|
| 109 | 102 | | appointed pursuant to Code Section 31-3-11 31-3-12. Further, such director for mental92 |
|---|
| 110 | 103 | | health, developmental disabilities, and addictive diseases or such supervisor of the specific93 |
|---|
| 124 | 115 | | commissioner, meet in joint session to approve the selection of a director appointed by the103 |
|---|
| 125 | 116 | | commissioner to serve such boards in common. A county board of health is authorized to104 |
|---|
| 126 | 117 | | appoint one of its members to represent the board at a joint meeting for this purpose. The105 |
|---|
| 127 | 118 | | director shall be a physician who is licensed to practice medicine under Chapter 34 of106 |
|---|
| 128 | 119 | | Title 43 and who otherwise meets the requirements of the rules of the State Personnel107 |
|---|
| 129 | 120 | | Board. The district director shall have the same powers, duties, and responsibility as a108 |
|---|
| 130 | 121 | | director serving a single county board of health. To further the purposes of this Code109 |
|---|
| 131 | 122 | | section, county boards of health may contract with each other for the provision of110 |
|---|
| 132 | 123 | | multicounty services and also exercise any additional powers as authorized by111 |
|---|
| 133 | 124 | | paragraph (7) of subsection (a) of Code Section 31-3-4; and in the performance of such112 |
|---|
| 134 | 125 | | contracts a county board of health may utilize its employees in other counties."113 |
|---|
| 135 | 126 | | SECTION 5.114 |
|---|
| 136 | 127 | | All laws and parts of laws in conflict with this Act are repealed.115 |
|---|