Legal Authority for Imperial County Public Health Department Services
The Imperial County Public Health Department provides a wide range of services and programs, including those that fall within and outside the Public Health Accreditation Board (PHAB) scope of authority. The department makes decisions regarding the services based on a thorough evaluation of legislative mandates, local, state, and federal guidance, and the needs of the community.
California State law is the foundation for the majority of the statutorily mandated services provided by the Imperial County Public Health Department. Many of which are defined under the Functions and Duties of the Local Health Officer (California Health and Safety Code Section 120175 et.al).The California legislation is enacted within the California Statute, which is codified into 29 California Codes covering various areas. The California Government Code and California Health and Safety Code are relevant to public health. There may be instances where responsibilities of the local health officer or public health agency requirements are defined in the other sections of the California Code.
State agencies promulgate regulations, which are in turn codified in the California Code of Regulations (CCR). The CCR contains the general and permanent rules of the regulations and consists of 28 titles. It contains the regulations of approximately 200 State regulatory agencies, with Title 17 being the primary source of regulations specific to public health agencies. There are, however, limited exceptions where health officer responsibilities or public health supportive requirements are reflected in other Titles of the CCR.
The Imperial County Ordinances are laws that are adopted by the Imperial County Board of Supervisors and enforced within Imperial County. These laws are in addition to federal and state laws. The ordinances relevant to ICPHD are mainly defined under Chapters 6, 8, and 9. However, in some instances, references to local health officer enforcement authority or other public health department responsibilities may appear in other chapters as well.
The following table presents a high-level summary of the services offered by ICPHD in accordance with state laws and local ordinances. Please note that this list is not exhaustive
| Program/Service | Section | Statute/Mandate |
|
Clandestine Laboratory Enforcement Program |
Environmental Health | Health and Safety Code Section 11642 |
|
Communicable Disease Outbreak Reporting |
Health Officer | Health and Safety Code Section 120175.5 |
|
County Jail Inspections |
Health Officer | Health and Safety Code 101045 |
|
Epidemic Reporting and Prevention |
Health Officer | |
|
Health Officer Appointment |
Health Officer | |
| Importation of Wild Animal | Health and Safety Code Section 121840 | |
| Inventories of Critical Medical Supplies | Health Officer | Health and Safety Code Section 120176 |
| Listing of Family Planning and Birth Control Clinics | ||
| Measures to Prevent Spread of Disease | Health Officer | Health and Safety Code Section 120175 |
| Menace to the Public Health (Calamity) | Health Officer | California Penal Code Section 409.5 |
| Methamphetamine lab Containment/Remediation | Health Officer | |
| Quarantine/Isolation | Health Officer |
Health and Safety Code Section 120200 (Places of Quarantine/Isolation); Health and Safety Code Section 120210 (Destruction of Property); California Health and Safety Code Section 120215 (Duties) |
| Receive Reports of Prescription Drug Dispensing w/o License | Health Officer | Health and Safety Code Section 101070 |
| Receive reports, investigate report cases of ophthalmia neonatorum | Health Officer | Business and Professions Code, Division 2, Chapter 1, Section 554 |
| Animal Control Services | Animal Control | Imperial County Ordinance, Chapter 6 Animals (General Provisions, Administration and Enforcement; Dogs; Rabies Control Regulations; Potentially Dangerous Dogs or Animals) California Penal Code Section 597.1; California Penal Code Section 830.9 |
| HIV/AIDS services | Communicable Disease Control and Prevention | Health and Safety Code Section 121022 |
| STD Investigations | Communicable Disease Control and Prevention | Health and Safety Code 120575 |
| Receive reports of contagious disease from funeral director | Communicable Disease Control and Prevention | Health and Safety Code 7302 |
| Communicable Disease Investigations including: • Monitoring and reporting reportable diseases and conditions (including the occurrence or outbreaks of any unusual illness, infection or disease) • Case investigation • Addressing any circumstances or issues related to communicable disease and public health. | Communicable Disease Control and Prevention | Reportable Diseases (Per Title 17) |
| Tuberculosis Control | Communicable Disease Control and Prevention |
Health and Safety Code Section 121361 (Treatment Plan Approval) Health and Safety Code Section 121364 (Authority to order examination) Health and Safety Code Section 121365 et.seq. (Assure detection and treatment) |
| Diary Program | Environmental Health | California Food and Agriculture Code Section 32503 and Section 35928 |
| Septic Program | Environmental Health | Health and Safety Code Section 117400-117450; CWC, Division 7, Chapter 4, Article 5, (Individual Disposal Systems); California Water Control OWTS Policy |
| Notification of Sewage Discharge | Environmental Health | California Water Code 13271 |
| Hazmat Emergency Response/ Hazardous Substance Spills | Environmental Health | Health and Safety Code 101080; Government Code; Section 8558 ; Health and Safety Code Section 25359.5 |
| Landfills/LEA | Environmental Health | Health and Safety Code Section 117590; CA Public Resources Code, Div. 30, Sec. 40000 et seq.; California Code of Regulations Title 14, Div 7, Sec. 17020 et seq.; Health and Safety Code Section 6512 |
| Body Art | Environmental Health | Health and Safety Code 119304 |
| Organized Camps | Environmental Health | Health and Safety Code 18897.4 |
| Waste Tire | Environmental Health | California Code of Regulations Title 14, Division 7, section 17350 et seq |
| Retail Food Program | Environmental Health | |
| Recreational Health Pools and Spas | Environmental Health | Health and Safety Code Article 5, Section 116025 - 116068; California Code of Regulations Title 22, Chapter 20; California Code of Regulations Title 24, Chapter 31B |
| State Small Water Systems | Environmental Health |
|
| Receive Reports of Meat Recalls | Environmental Health | Health and Safety Code 110806 |
| Gray Water | Environmental Health | California Water Code 13522 |
| Small Public Water Systems/ Receive Reports on Bacterial Count in Public Water System | Environmental Health | Health and Safety Code Section 116450 |
| Vital Statistics | Health Information/Vitals | California Health & Safety 10200 et seq. |
| Childhood Lead Poisoning Prevention | Health Services | Health and Safety Code Section 10252-105310 |
| California Children’s Services (CCS) | Health Services | CCS is a federally mandated program that is managed by individual states. The California Department of Health Services manages the CCS Program and counties, sometimes with support by the CCS Regional Offices, operate individual county CCS Programs. |
| Child Health and Disability Prevention Program | Health Services | CHDP is a federally mandated program that is administered by the Children's Medical Services Branch of the California Department of Health Services. Every local health department in the State has a CHDP Program which is responsible for implementing the State and Federal regulations pertaining to the program. |
| Public Health Nursing Staff | Health Services | |
| Public Health Laboratory Services | Health Services | Health and Safety Code Section 101150 |
| Immunization Program/ Registry | Infectious Disease Program | |
| Sudden Infant Death Syndrome (SIDS) Case Follow up | Maternal Child and Adolescent Health | Health and Safety Code Section 123740 |
| Fluoride Program | Oral Health | Health and Safety Code Section 104840 |
| Mosquito Abatement and Vector Control | Vector Control | Health and Safety Code Section 2000-2093 |
Title 17 –Minimum Standards for Local Health Departments
In addition to the statutory duties enumerated above, regulations enacted by the Department prescribe minimum standards for local health departments (see Health & Safety. Code, §101185) to observe. These standards, set forth in Section 1276 of Title 17 of the California Code of Regulations, include many basic services that local health departments are required to provide. Title 17 is made up of five divisions. Of these, Division 1 and Division 3.5 are most relevant to public health, but there is some overlap with the other divisions as well.
- Collection, tabulation and analysis of all public health statistic, including population data, natality, mortality and morbidity records, as well as evaluation of service records.
- Health education programs including , but not necessarily limited to, staff education, consultation, community organization, public information, and individual and group teaching, such programs to be planned and coordinated within the department and with schools, public and voluntary agencies, professional societies, and civic groups and individuals.
- Communicable disease control, including availability of adequate isolation facilities, the control of the acute communicable diseases, and the control of tuberculosis and the venereal diseases, based on provision of diagnostic consultative services, epidemiologic investigation and appropriate preventive measures for the particular communicable disease hazards in the community.
- Medical, nursing, educational, and other services to promote maternal and child health, planned to provide a comprehensive program to meet community needs in these fields.
- Environmental health and sanitation services and programs in accordance with an annual plan and program outline as required in Title 17, Section 1328, and approved by the State Department of Health and the applicable services and program standards as specified in the State Department of Health “Services in a Local Environmental Health and Sanitation Program, “September 1976. The required services and programs are;
- Food
- Housing and institutions
- Radiological health in local jurisdictions contracting with the State Department of Health to enforce the Radiation Control Law pursuant to Section 25600- 25654 and Sections 25800-25876, Health and Safety Code.
- Milk and dairy products in local jurisdictions maintain an approved milk inspection service pursuant to Section 32503, Food and Agricultural Code
- Water oriented recreation
- Safety
- Vector control
- Wastes management
- Water supply
- Air sanitation
- Additional environmentally related services and programs as required by the County Board of Supervisors, City Council, or Health District Board and may include land development and use.
- Laboratory services provided by an approved public health laboratory in health department serving a population of 50,000 or more. Such laboratories shall provide:
- Services necessary for the various programs of the health department.
- Consultation and reference services to further the development of improved procedures and practices in laboratories employing such procedures related to the prevention and control of human disease.
- In addition to the language of section 1276(f), with regard to the public health laboratories, section 1075 of title 17, California Code of Regulations, provides: “Each local health department shall have available the services of an official public health laboratory. The laboratory of the State Department of Health is hereby designated as the official laboratory for all local health department jurisdictions not covered by local laboratory.
The Imperial County Ordinance has adopted certain sections that relate to the standards of the Public Health Department. These sections are in alignment with state laws and may even be more stringent when required. The following chapters of the Imperial County Ordinance provide guidance for public health services as well as other services and activities where ICPHD is obligated to provide different levels of assistance.