24 LC 52 0535S
Senate Bill 293
By: Senators Watson of the 1st, Kirkpatrick of the 32nd, Walker III of the 20th, Hodges of
the 3rd, Strickland of the 17th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county
1
boards of health, so as to revise the manner of selection and qualifications of district health2
directors; to provide for the appointment of an interim district health director; to provide for3
conforming changes; to provide for related matters; to repeal conflicting laws; and for other4
purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 3 of Title 31 of the Official Code of Georgia Annotated, relating to county boards8
of health, is amended by revising Code Section 31-3-11, relating to appointments of director9
and staff and supervision, as follows:10
"31-3-11.11
(a) The county board of health shall appoint as its chief executive officer a director who
12
shall be a physician licensed to practice medicine under Chapter 34 of Title 43 and who13
otherwise meets the requirements of the rules of the State Personnel Board. The director,14
subject to the approval of the county board of health, shall designate aides and assistants15
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pursuant to the budget adopted by the county board of health in accordance with Code16
Section 31-3-14.17
(b) Each employee of a county board of health whose duties include enforcing those18
environmental health laws of this state or environmental health regulations of that board19
of health relating to septic tanks or individual sewage management systems shall be subject20
to the direction and supervision of the district director of environmental health, although21
the hiring and termination from employment of such employee shall be subject to the22
director of that county board of health. The employment activities of such employee with23
regard to environmental health shall be reported to the director of environmental health24
through the district director of environmental health at least quarterly. The director of25
environmental health may recommend to that director of that county board of health26
personnel actions, including but not limited to termination, which the director of27
environmental health deems appropriate for such employee's failure or refusal to comply28
with the direction of the director of environmental health in the carrying out of the29
environmental health employment duties of such employee. As used in this subsection, the30
term 'director of environmental health' means the director of environmental health of the31
Department of Public Health."32
SECTION 2.33
Said chapter is further amended by revising Code Section 31-3-12, relating to duties of34
director, as follows:35
"31-3-12.36
(a) The commissioner shall appoint a district health director for each health district to37
serve as the chief executive officer of each local health department in that district. The38
county boards of health of the constituent counties shall, at the call of the commissioner,39
meet in joint session to approve, by a majority vote, the selection of a director appointed40
by the commissioner to serve such boards in common. A county board of health is41
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authorized to appoint one of its members to represent the board at a joint meeting for this42
purpose.43
(b) The district health director must meet the requirements and rules of the State Personnel44
Board and either be licensed to practice medicine under Chapter 34 of Title 43, or if not so45
licensed, at a minimum, have a master's degree in public health or another related field. 46
If not licensed, the district health director shall select a physician who is licensed to47
practice medicine under Chapter 34 of Title 43 to serve as the chief medical officer48
overseeing the clinical programs within local health departments. The district health49
director may also serve as the chief medical officer if he or she is licensed to practice50
medicine under Chapter 34 of Title 43 and meets the requirements of the rules of the State51
Personnel Board. The district health director shall serve under the supervision of the52
commissioner and is subject to personnel action by the commissioner. The district health53
director shall designate such personnel necessary for the appropriate performance of duties54
and proper exercise of powers subject to the budget.55
(c) Upon a vacancy of a district health director for any reason, the commissioner is56
authorized to appoint an interim district health director without county board of health57
approval until a permanent district health director is appointed and approved by vote of the58
county boards of health. If a permanent district health director is not appointed or59
approved within one year of vacancy, the department shall provide quarterly updates to the60
county boards of health on recruitment efforts until a permanent district health director is61
appointed and approved.62
(d) Subject to the policies and directives of the county board of health and the policies and63
directives of the multiple county districts served, the director shall perform the functions64
and exercise the powers set forth in this chapter except the power to adopt bylaws and to65
adopt rules and regulations and may delegate the powers and authority conferred, or any66
part thereof, to one or more individuals as he or she may deem appropriate. The director67
shall devote his or her entire time to the service of the county board of health and to the68
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multiple county districts, where created, and shall be vigilant in procuring compliance with
69
its rules and regulations and with Georgia health laws and rules and regulations adopted70
thereunder that have application within the county and district. He or she
shall make71
reports to the county board of health and the agency in charge of the multiple county72
district in such manner and form and with such frequency as required by it and shall also73
report to the department in such manner, detail, and form as the department may specify."74
SECTION 3.75
Said chapter is further amended by revising subsection (a) of Code Section 31-3-12.1,76
relating to contracts between county boards and authorization for and provisions applicable77
to county board of health serving as community service board, as follows:78
"(a) In addition to any other power authorized by law, the county governing authority may79
authorize the county board of health to enter into a contract with the Department of80
Behavioral Health and Developmental Disabilities or a community mental health,81
developmental disabilities, and addictive diseases service board created under Chapter 282
of Title 37 to provide certain mental health, developmental disabilities, and addictive83
diseases services based on the contractual agreement between the parties. In the event that84
the county governing authority exercises the authority granted by this subsection, the85
county board of health shall appoint a director for mental health, developmental86
disabilities, and addictive diseases or a supervisor of the specific service which is being87
provided by the county board of health, whichever is applicable, who shall meet the88
requirements established by this subsection. The director for mental health, developmental89
disabilities, and addictive diseases, or the service supervisor, shall not be required to be a90
physician and shall be a person other than the director of the county board of health91
appointed pursuant to Code Section 31-3-11 31-3-12. Further, such director for mental92
health, developmental disabilities, and addictive diseases or such supervisor of the specific93
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service shall report directly to the county board of health and shall have no formal reporting
94
relationship with the director of the county board of health."95
SECTION 4.96
Said chapter is further amended by revising Code Section 31-3-15, relating to establishment97
of health districts, as follows:98
"31-3-15.99
The department is authorized, with the consent of the boards of health and the county100
authorities of the counties involved, to establish health districts composed of one or more101
counties. The county boards of health of the constituent counties shall, at the call of the
102
commissioner, meet in joint session to approve the selection of a director appointed by the103
commissioner to serve such boards in common. A county board of health is authorized to104
appoint one of its members to represent the board at a joint meeting for this purpose. The105
director shall be a physician who is licensed to practice medicine under Chapter 34 of106
Title 43 and who otherwise meets the requirements of the rules of the State Personnel107
Board. The district director shall have the same powers, duties, and responsibility as a108
director serving a single county board of health. To further the purposes of this Code109
section, county boards of health may contract with each other for the provision of110
multicounty services and also exercise any additional powers as authorized by111
paragraph (7) of subsection (a) of Code Section 31-3-4; and in the performance of such112
contracts a county board of health may utilize its employees in other counties."113
SECTION 5.114
All laws and parts of laws in conflict with this Act are repealed.115
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