Title 26A, Local Health Authorities

26A-1-102. Definitions. As used in this part: (1) "Board" means a local board of health established under Section 26A-1-109. (2) "County governing body" means one of the types of county government provided for in Title 17, Chapter 52a, Part 2, Forms of County Government. (3) "Cou…

26A-1-103. County health departments. The governing body of each county shall create and maintain a local health department which includes and serves all incorporated and unincorporated areas in the county.

26A-1-105. Multicounty local health departments. (1) Two or more contiguous counties may, by executing an agreement pursuant to the provisions of Title 11, Chapter 13, Interlocal Cooperation Act, unite to create and maintain a local health department that does not combine the sub…

26A-1-105.5. United local health department -- Multicounty united local health department -- Election by county governing body -- Appointment of director. (1) A county governing body may elect to: (a) form a united local health department for the purpose of combining into a singl…

26A-1-106. Assistance in establishing local departments -- Monitoring and standards of performance -- Responsibilities. (1)(a) By request of county governing bodies, the department may assist in the establishment of a local health department. (b) The department shall monitor the …

26A-1-108. Jurisdiction and duties of local health departments -- Registration as a limited purpose entity. (1) A local health department has jurisdiction in all unincorporated and incorporated areas of the county or counties in which it is established and shall enforce state hea…

26A-1-109. Local boards of health -- Membership -- Organization -- Meetings. (1) A local health department shall have a board of health with at least three members. (a)(i) Board members shall be appointed pursuant to county ordinance or interlocal agreement by the counties creati…

26A-1-110. Local health officer -- Powers and duties -- Vacancy. (1) Except as provided in Section 26A-1-105.5, the board shall appoint a local health officer and determine the officer's compensation: (a) subject to ratification by the county executive of the county or counties i…

26A-1-111. Removal of local health officer. (1) The local health officer may be removed for cause in accordance with this section by: (a) the board, if the local health officer is appointed for a single county local health department; (b) a majority of the counties in the local h…

26A-1-112. Appointment of personnel. (1) All local health department personnel shall be hired by the local health officer or the local health officer's designee in accordance with the merit system, personnel policies, and compensation plans approved by the board and ratified purs…

26A-1-113. Right of entry to regulated premises by representatives for inspection. (1) Upon presenting proper identification, authorized representatives of local health departments may enter upon the premises of properties regulated by local health departments to perform routine …

26A-1-114. Powers and duties of departments. (1) Subject to Subsections (7), (8), and (10), a local health department may: (a) subject to the provisions in Section 26A-1-108, enforce state laws, local ordinances, department rules, and local health department standards and regulat…

26A-1-115. Apportionment of costs -- Contracts to provide services -- Percentage match of state funds -- Audit. (1)(a) The cost of establishing and maintaining a multicounty local health department may be apportioned among the participating counties on the basis of population in …

26A-1-116. Allocation of state funds to local health departments -- Formula. (1)(a) On or before July 1, 2024, each of the following shall establish in rule a formula for allocating state funds by contract to local health departments: (i) the department; and (ii) the Department o…

26A-1-117. Funding of departments -- Tax levies. (1) Counties involved in the establishment and operation of local health departments shall fund the local health departments with appropriations from the General Fund, from the levy of a tax, or in part by an appropriation and in p…

26A-1-118. Treasurer of local department -- Bond. (1) The county treasurer shall serve as treasurer of a local health department. (2) Unless another county treasurer is designated pursuant to the interlocal agreement creating the multicounty local health department or the multico…

26A-1-119. Local health department fund -- Sources -- Uses. (1) Except as provided in Section 26A-1-105.5, the treasurer of a local health department shall, as part of the department organization, create a local health department fund to which shall be credited any money appropri…

26A-1-120. County attorney or district attorney to represent and advise department, board, officers, and employees. (1) Except as otherwise provided in this section, the county attorney of the county in which the headquarters of the local health department is located shall serve …

26A-1-121. Standards and regulations adopted by local board -- Local standards not more stringent than federal or state standards -- Administrative and judicial review of actions -- Regulations affecting religious practice. (1)(a) The board may make standards and regulations: (i)…

26A-1-122. Counties joining existing department -- Abolition of department -- Withdrawal of county from department. (1) If additional or adjacent counties join an existing local health department, provisions shall be made for the appointment and terms of new board members in acco…

26A-1-123. Unlawful acts -- Criminal and civil liability. (1) It is unlawful for any person, association, or corporation, and the officers of the association or corporation to: (a) violate state laws or any lawful notice, order, standard, rule, or regulation issued under state la…

26A-1-124. Religious exemptions. This part does not authorize a local health department to impose on any person any mode of treatment inconsistent with the creed or tenets of any religious denomination of which the person is an adherent, provided the person complies with sanitary…

26A-1-125. Existing local health departments required to conform to statutory amendments. Each county or municipality operating or participating in the operation of a local health department in existence as of January 1, 2002, shall, no later than June 30, 2003, amend its local o…

26A-1-126. Medical reserve corps. (1) In addition to the duties listed in Section 26A-1-114, a local health department may establish a medical reserve corps in accordance with this section. (2) The purpose of a medical reserve corps is to enable a local health authority to respon…

26A-1-127. Surge capacity, surveillance, and community outreach plan. (1) In addition to the duties listed in Section 26A-1-114, a local health department shall develop and implement a locally appropriate plan, in coordination with appropriate local, state, and federal partners, …

26A-1-128. Tobacco, electronic cigarette, and nicotine product permits -- Enforcement. A local health department: (1) shall enforce the requirements of Title 26B, Chapter 7, Part 5, Regulation of Smoking, Tobacco Products, and Nicotine Products; (2) may enforce licensing requirem…

26A-1-129. Electronic Cigarette, Marijuana, and Other Drug Prevention Grant Program -- Reporting. (1) As used in this section, "grant program" means the Electronic Cigarette, Marijuana, and Other Drug Prevention Grant Program created in this section. (2) There is created the Elec…

26A-1-131. Electronic cigarette registry enforcement. (1)(a) A local health department may conduct regular inspections of a business that sells an electronic cigarette product as that term is defined in Section 76-10-101, in accordance with the provisions of Section 26B-7-516. (b…