HomeMy WebLinkAbout20091502.tiffRESOLUTION
RE: APPOINT DR. MARK WALLACE AS WELD COUNTY HEALTH OFFICER
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by and through Resolution #2009-0856, dated April 13, 2009, the Board
affirmed the appointment of Dr. Mark Wallace as Director of the Weld County Department of
Public Health and Environment, and
WHEREAS, various Colorado Revised Statutes require the appointment of a County
Health Officer to deal with situations which arise in Weld County in which those statutes apply,
and
WHEREAS, the Board believes that it is appropriate to appoint Dr. Wallace as the Weld
County Health Officer in order to comply with said statutes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that Dr. Mark Wallace be, and hereby is, appointed as the Weld County
Health Officer.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the day 29th of June, A.D., 2009.
ATTEST: alsidi
Weld County Clerk to the B
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APPRO
my Pttorney
Date of signature 1Ii3/097
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to the Board
BOARD OF COUNTY COMMISSIONERS
WELD CM 7Y, COLORADO
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Chair
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David E. Long
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2009-1502
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Colorado Revised Statutes Regarding to County "Health Officer"
Title 12. Professions and Occupations (Refs & Annos)
'i Health Care
'"t Article 30. Cancer Cure Control
§ 12-30-110. Investigation by executive director
(2) County or district health officers, district attorneys, and the attorney general shall
cooperate with the executive director in the enforcement of this article.
Title 25. Health
Disease Control
FIdArticle 4. Disease Control (Refs & Annosl
" IiPart 3. Blindness in Newly Born (Refs & Annos)
§ 25-4-304. Duties of local health officers
(1) It is the duty of the local health officer:
(a) To investigate or have investigated each case as filed with him in pursuance of the law
and any other cases which may come to his attention;
(b) To conform to such other rules and regulations as the state board of health shall
promulgate for his further guidance.
Title 25. Health
Disease Control
`IalArticle 4. Disease Control (Refs & Annos)
" IiPart 4. Venereal Diseases (Refs & Annos)
§ 25-4-401. Sexually transmitted infections --definitions
(I) As used in this part 4:
(b) "Health officer" means the executive director of the department, the chief medical
officer appointed pursuant to section 25-1-105, or a county or district public health
director.
§ 25-4-404. Examination of suspected cases
(1) Health officers or their authorized assistants or deputies within their respective
jurisdictions are directed, when in their judgment it is necessary to protect the public
health, to:
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(a) Require a person reasonably suspected of having a sexually transmitted infection to be
examined and to detain the person until the results of the examination are known;
(b) Require the examiner to give a written report of the examination to the confining
health officer;
(c) Require persons with sexually transmitted infections to report for treatment to a
qualified physician and continue treatment until cured; and
(d) Isolate persons with sexually transmitted infections.
(3) It is the duty of all health officers to investigate sources of sexually transmitted
infection, to cooperate with the proper officials whose duty it is to enforce laws directed
against prostitution, and otherwise to use every proper means for the repression of
prostitution.
§ 25-4-407. Penalty
(1) Except as provided in subsection (2) of this section, any person, firm, or corporation
that violates a provision of this part 4, other than section 25-4-408, or any lawful rule
adopted by the state board pursuant to the authority granted in this part 4, or fails or
refuses to obey any lawful order issued by any health officer pursuant to the authority
granted in this part 4, is guilty of a misdemeanor and, upon conviction thereof, shall be
punished by a fine of not more than three hundred dollars, or by imprisonment in the
county jail for not more than ninety days, or by both such fine and imprisonment.
(2) If the person who commits a violation of this part 4 or a lawful rule of the state board
or who fails or refuses to obey a lawful order of a health officer is a licensed or certified
health care professional, the health officer may bring an action in the district court of the
judicial district in which the violation or failure or refusal occurs to seek a civil penalty of
not more than three hundred dollars per violation, failure, or refusal. A person subject to
the penalties specified in this subsection (2) shall not be subject to the penalties described
in subsection (1) of this section.
Title 25. Health
Disease Control
`l;aArticle 4. Disease Control (Refs & Annos)
" IWart 5. Tuberculosis (Refs & Annos)
§ 25-4-500.3. Definitions
As used in this part 5, unless the context otherwise requires:
(6) "Health officer" means the executive director of the department, the state chief
medical officer, and county or district public health directors.
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(10) "Local health officer" means the chief medical health officer of a regional or
county health department or the health officer for a public health nursing service.
§ 25-4-506. Investigation and examination of suspected or known tuberculosis cases
(1) The state chief medical officer and all local health officers are directed to use every
available means to investigate immediately and as certain the existence of all reported or
suspected cases of active tuberculosis within the health officer's jurisdiction, to
determine the sources of such infections, and to identify and evaluate the contacts of such
cases and offer treatment as appropriate. In carrying out such investigations, such health
officer is invested with full powers of inspection and examination of all persons known
to be infected with active tuberculosis and is directed to make or cause to be made such
examinations as are deemed necessary of persons who, on reasonable grounds, are
suspected of having active tuberculosis in an infectious form.
(2) Whenever a health officer determines on reasonable grounds that an examination of
any person is necessary for the preservation and protection of the public health, the
health officer shall issue a written order directing medical examination, setting forth the
name of the person to be examined, the time and place of the examination, and such other
terms and conditions as the health officer may deem necessary. A copy of such order
shall be served upon the person. Such an examination may be made by a licensed
physician or advanced practice nurse of the person's own choice under such terms and
conditions as the health officer shall specify.
(4) A health officer may conduct screening programs of populations that are at increased
risk of developing tuberculosis or having latent tuberculosis infection and offer treatment
as appropriate. Such screening programs may be implemented by a local health officer
with the approval of the state chief medical officer.
§ 25-4-507. Isolation order--enforcement--court review
(1)(a) Whenever a health officer determines that isolation of a person in a particular
tuberculosis case is necessary for the preservation and protection of the public health, the
health officer shall make an isolation order in writing.
(b) When a health officer is determining whether to issue an isolation order for a person,
the health officer shall consider, but is not limited to, the following factors:
(I) Whether the person has active tuberculosis;
(II) If the person is violating the rules promulgated by the board of health or the orders
issued by the appropriate health officer to comply with rules or orders; and
(III) Whether the person presents a substantial risk of exposing other persons to an
imminent danger of infection.
(c) All isolation orders shall set forth the name of the person to be isolated and the initial
period, not to exceed six months, during which the order shall remain effective, the place
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of isolation, and such other terms and conditions as may be immediately necessary to
protect the public health. The isolation order shall advise the person being detained that
he or she has the right to request release from detention by contacting a person designated
in the order and that the detention shall not continue for more than five business days
after the request for release, unless the detention is authorized by court order. The health
officer shall serve a copy of the isolation order upon the person. The person shall be
reexamined at the time the initial order expires to ascertain whether or not the tuberculous
condition continues to be infectious. When it has been medically determined that the
person no longer has active tuberculosis, the person shall be relieved from all further
liability or duty imposed by this part 5, and the health officer shall rescind the order.
(d) A health officer may detain a person who is the subject of an isolation order issued
pursuant to this subsection (1) without a prior court order. The health officer may detain
the person in a hospital or other appropriate place for examination or treatment.
(2) In a case of a person with multidrug-resistant tuberculosis, the health officer may
issue an isolation order to such person if it is determined that the person has ceased taking
prescribed medications against medical advice. Such order may be issued even if the
person is no longer contagious so long as the person has not completed an entire course
of therapy.
(3)(a) If a person detained pursuant to an isolation order requests to be released, the
detaining authority shall release the person not later than five business days after the
person requests the release, absent a court order authorizing detention. Upon receipt of a
request for release, the detaining authority shall apply for a court order authorizing
continued detention of the person. The detaining authority shall make the application
within seventy-two hours after the person requests release or, if the seventy -two-hour
period ends on a Saturday, Sunday, or legal holiday, by the end of the first business day
following the Saturday, Sunday, or legal holiday. The application shall include a request
for an expedited hearing.
(b) In any court proceeding to enforce an isolation order, the health officer shall prove
the particular circumstances constituting the necessity for the detention by clear and
convincing evidence. Any person who is subject to an isolation order has the right to be
represented by counsel and, upon request, counsel shall be provided to the person.
§ 25-4-509. Violations --penalty
(1) Any person who, after service upon him or her of an order of a health officer
directing his or her isolation or examination as provided in sections 25-4-506 and 25-4-
507, violates or fails to comply with the order is guilty of a misdemeanor and, upon
conviction thereof, in addition to any and all other penalties that may be imposed by law
upon such convictions, the court may make an appropriate order providing for
examination, isolation, or treatment.
(3) Upon the receipt of information that any examination, isolation, or treatment order
made and served as provided in this part 5 has been violated, the health officer shall
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advise the district attorney of the judicial district in which such violation occurred of the
pertinent facts relating to the violation.
Title 25. Health
Disease Control
'Y;tArticle 4. Disease Control (Refs & Annos)
" IiPart 6. Rabies Control
§ 25-4-601. Definitions
As used in this part 6, unless the context otherwise requires:
(3) "Health officer" means the person appointed as the public health director of a
district, county, city, or town under the provisions of section 25-1-509.
§ 25-4-602. Notice to health department or officer if animal affected or suspected of
being affected by rabies
Whenever a dog, cat, other pet animal, or other mammal is affected by rabies or
suspected of being affected by rabies or has been bitten by an animal known or suspected
to be affected by rabies, the owner of the dog, cat, other pet animal, or other mammal, or
any person having knowledge thereof, shall forthwith notify the health department or
health officer in the county, city, or town in which such animal is located, stating
precisely where such animal may be found.
§ 25-4-603. Report of person bitten by animal to health department or health officer
Every physician after his first professional attendance upon a person bitten by a dog, cat,
other pet animal, or other mammal, or any person having knowledge thereof, shall report
to the health department or health officer in accordance with the provisions of section
25-1-122(1).
§ 25-4-604. Animal attacking or biting person to be confined --examination
The health department or health officer shall serve notice upon the owner of a dog, cat,
other pet animal, or other mammal which has attacked or bitten a person to confine the
animal at the expense of the owner upon his premises or at a pound or other place
designated in the notice for a period designated by the department of public health and
environment. The health department, health officer, or his representative shall be
permitted by the owner of such dog, cat, other pet animal, or other mammal to examine
the animal at any time within the period of confinement to determine whether such
animal shows symptoms of rabies. No person shall obstruct or interfere with the
authorized person in making such examination.
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§ 25-4-605. Animals bitten by animals known or suspected of having rabies to be
confined
The health department or health officer shall serve notice in writing upon the owner of a
dog, cat, other pet animal, or other mammal known to have been bitten by an animal
known or suspected of having rabies requiring the owner to immediately treat and
confine such animal by procedures outlined by the department of public health and
environment.
§ 25-4-607. Order of board of health requiring inoculation of animals --veterinarian
waiver of order
(3)(a) The executive director of the health department shall enact rules allowing for the
exemption of an animal from a rabies vaccination due to the medical condition of the
animal.
(b) The owner of an animal seeking an exemption from a rabies vaccination for his or her
animal must provide the veterinarian with written consent for the exemption.
(c) A veterinarian supplying a waiver exempting an animal from a rabies vaccination,
county and municipal health departments, their assistants and employees, the health
department, health officers, and anyone enforcing this part 6 shall not be liable for any
subsequent accident, disease, injury, or quarantine that may occur as a result of an animal
exempted from a rabies vaccination pursuant to the rules of the health department.
§ 25-4-610. Uninoculated animals not to run at large --impounding and disposition of
animals
It is unlawful for any owner of any dog, cat, other pet animal, or other mammal which
has not been inoculated as required by the order of the county board of health or board of
health of a health department to allow it to run at large. The health department or health
officer may capture and impound any such dog, cat, other pet animal, or other mammal
found running at large and dispose of such animal in accordance with local program
policy. Such power to impound and dispose shall extend to any and all animals
unclaimed and found or suspected to be affected by rabies, whether wild or domestic. The
division of wildlife shall cooperate with and aid the health department or health officer
in the enforcement of this section as it affects animals found or suspected to be affected
by rabies when such animals are in its care, jurisdiction, or control.
§ 25-4-611. Report to state department
Each health department or health officer shall furnish information to the department of
public health and environment concerning all cases of rabies and the prevalence of rabies
within the county at any time such information is requested by the department of public
health and environment.
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§ 25-4-612. Enforcement of part 6
The health officer or health department shall enforce the provisions of this part 6, and
the sheriff and his deputies and the police officers in each incorporated municipality and
the division of wildlife shall be aides and are instructed to cooperate with the health
department or health officer in carrying out the provisions of this part 6.
§ 25-4-613. Liability for accident or subsequent disease from inoculation
The health departments, their assistants and employees, the department of public health
and environment, health officers, or anyone enforcing the provisions of this part 6 shall
not be held responsible for any accident or subsequent disease that may occur in
connection with the administration of this part 6.
Title 25. Health
Disease Control
M AArticle 4. Disease Control (Refs & Annos)
" idPart 14. HIV Infection and Acquired Immune Deficiency Syndrome (Refs &
Annos)
§ 25-4-1405. Disease control by the state department of public health and
environment and local health departments
(1) It is the duty of state and local health officers to investigate sources of HIV infection
and to use every proper means to prevent the spread of the disease.
(2) It is the duty of state and local health officers, as part of disease control efforts, to
provide public information, risk -reduction education, confidential voluntary testing and
counseling, educational materials for use in schools, and professional education to health
care providers.
Title 25. Health
Products Control and Safety
"IslArticle 5. Products Control and Safety
" Wart 8. Swimming Areas (Refs & Annos)
§ 25-5-807. Injunctive relief
The operation of a swimming area in violation of any provision of this part 8 may be
restrained by the executive director of the department of public health and environment;
by any city, county, city and county, or district health officer; or by any of their
authorized agents in an action brought in a court of competent jurisdiction pursuant to the
Colorado rules of civil procedure.
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Title 25. Health
FIIEnvironmental Control
cIiArticle 10. Individual Sewage Disposal Systems Act (Refs & Annos)
§ 25-10-103. Definitions
As used in this article, unless the context otherwise requires:
(9) "Health officer" means the chief administrative and executive officer of a local
health department, or the appointed health officer of the local board of health.
§ 25-10-106. Basic rules for local administration
(1) Rules adopted by local boards of health under section 25-10-104(2) or (4) or
promulgated by the department under section 25-10-104(3) shall govern all aspects of the
application for and issuance of permits, the inspection, testing, and supervision of
installed systems, the issuance of cease -and -desist orders, the maintenance and cleaning
of systems, and the disposal of waste material, and shall, as a minimum, include
provisions regarding the following matters:
(e) Determination on behalf of the local health department by a sanitarian, an
environmental health specialist, or a professional engineer after review of the application,
site inspection, test results, and other required information, whether the proposed system
is in compliance with the requirements of, and the rules adopted under, this article; and
the issuance of a permit by the health officer or the health officer's designated
representative if the proposed system is determined to be in compliance with the
requirements of this article and the rules adopted under this article;
(k)(I) Issuance of an order to cease and desist from the use of any system or sewage
treatment works that is found by the health officer not to be in compliance with this
article or the rules adopted under this article or otherwise to constitute a nuisance or a
hazard to public health or water quality. Such an order may be issued only after a hearing
that shall be conducted by the health officer not less than forty-eight hours after written
notice thereof is given to the owner or occupant of the property on which the system is
located and at which the owner and occupant may be present, with counsel, and be heard.
The order shall require that the owner or occupant bring the system into compliance or
eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty
days, or thereafter cease and desist from the use of the system. A cease -and -desist order
issued by the health officer shall be reviewable in the district court for the county
wherein the system is located and upon a petition filed not later than ten days after the
order is issued.
(1) Reasonable periodic collection and testing by the local health department of effluent
samples from individual sewage disposal systems for which monitoring of effluent is
necessary in order to insure compliance with the provisions of this article or the rules
adopted under this article. Such sampling may be required not more than two times a
year, except when required by the health officer in conjunction with action taken
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pursuant to paragraph (k) of this subsection (I). A fee not to exceed actual costs, plus
locally established mileage reimbursement rates for each mile traveled from the principal
office of the local health department to the site of the system and return, may be charged
by the local health department for each sample collected and tested, and payment of such
charges may be stated in the permit for the system as a condition for its continued use.
Any owner or occupant of property on which an individual sewage disposal system is
located may request the local health department to collect and test an effluent sample
from the system. The local health department may, at its option, perform such collection
and testing services, and it shall be entitled to charge a fee not to exceed actual costs, plus
locally established mileage reimbursement rates for each mile traveled from the principal
office of the local health department to the site of the system and return, for each such
sample so collected and tested.
§ 25-10-108. Performance evaluation and approval of systems employing new
technology
(1) Upon application by a systems contractor, a professional engineer, or a manufacturer
of individual sewage disposal systems, the division may hold a public hearing to
determine whether a particular design or type of system, based upon improvements or
developments in the technology of sewage disposal and not otherwise provided for in
paragraphs (e) to (k) of subsection (1) of section 25-10-105, has established a record of
performance reliability that would justify approval of applications for such systems by
the health officer without mandatory review by the local board of health. If the division
determines, based upon reasonable performance standards and criteria, that such
reliability has been established, the division shall so notify each local board of health, and
applications for permits for such systems may thereafter be acted upon by the health
officer, the health officer's designated representative, or the local board of health's
designated representative, in the same manner as applications for systems described in
section 25-10-105(1)(e). The division shall not arbitrarily deny any person the right to a
hearing on an application for a determination of reliability under the provisions of this
section.
No reference to "Health Officer," but describes role of ""Public Health Director:"
Title 25. Health
Administration
Article 1. Administration (Refs & Annos)
' Part 5. Public Health (Refs & Annos)
MMSubpart 3. County or District Public Health Agencies
§ 25-1-509. County and district public health directors
(1)(a) The director of each agency shall be the public health director.
(b) All other personnel required by an agency shall be selected by the public health
director. All personnel shall perform duties as prescribed by the public health director.
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(c) In the event of a public health emergency, the agency shall issue orders and adopt
rules consistent with the laws and rules of the state as the public health director may
deem necessary for the proper exercise of the powers and duties vested in or imposed
upon the agency or county or district board.
(2) In addition to the other powers and duties conferred by this part 5 or by the agency, a
public health director has the following powers and duties:
(a) To administer and enforce:
(I) The public health laws of the state and, as authorized by the provisions of this title or
article 20 of title 30, C.R.S., the public health orders, rules, and standards of the state
department or the state board; and
(II) The orders and rules of the county or district board.
(b) To exercise all powers and duties conferred and imposed upon agencies not expressly
delegated by the provisions of this part 5 to a county or district board;
(c) To hold hearings, administer oaths, subpoena witnesses, and take testimony in all
matters relating to the exercise and performance of his or her powers and duties;
(d) To act as the local registrar of vital statistics or to contract out the responsibility of
registrar in the area over which the agency has jurisdiction;
(e) To direct the resources needed to carry out the county or district public health plan
developed pursuant to section 25-1-505; and
(f) If requested by the county or district board, to serve as secretary to the board
responsible for maintaining all records required by part 2 of article 72 of title 24, C.R.S.,
and ensuring public notice of all meetings in accordance with part 4 of article 6 of title
24, C.R.S. The director shall be the custodian of all properties and records for the agency.
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