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This entry was published on 2014-09-22
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SECTION 347
County or part-county boards of health; powers and duties; rules and regulations
Public Health (PBH) CHAPTER 45, ARTICLE 3, TITLE 3
§ 347. County or part-county boards of health; powers and duties;
rules and regulations. 1. Upon the establishment of a board of health
for a county or part-county health district as provided in this article,
it shall exercise all the powers and perform all duties of local boards
of health as provided in this chapter, and such board of health may
formulate, promulgate, adopt and publish rules, regulations, orders and
directions for the security of life and health in the health district
which shall not be inconsistent with the provisions of this chapter and
the sanitary code. Such rules, regulations, orders and directions shall
be known as the sanitary code of such district.

a. Every rule, regulation, order and direction adopted by a board of
health or a county officer or body exercising the rule-making functions
of a board of health shall state the date on which it takes effect and a
copy thereof signed by the county health commissioner or his deputy or
such county officer or the elective or appointive chief executive
officer of such county body exercising the rule-making functions of a
board of health shall be filed as a public record in the department, in
the county or part-county department of health and in the office of the
county clerk and shall be published in such manner as the board of
health or such county officer or body exercising the rule-making
functions of a board of health may from time to time determine. No such
rule, regulation, order or direction shall be effective prior to filing
as a public record in the department.

b. The county health commissioner or his deputy shall furnish
certified copies of the sanitary code of the health district and its
amendments for a fee of one dollar.

c. Nothing herein contained shall be construed to restrict the power
of any county, city, town or village to adopt and enforce additional
ordinances or enforce existing ordinances relating to health and
sanitation provided that such ordinances are not inconsistent with the
provisions of this chapter or the sanitary code.

2. The board of health of a county or part-county health district is
hereby authorized to enter into contracts with one or more counties for
mutual aid in the delivery of health services, including but not limited
to public health emergency responses such as disease surveillance, mass
immunization programs, mass antibiotic distribution, and handling of
mass casualties, provided approval of such contracts by the legislative
body of each county and of the commissioner is obtained. Each county or
part-county health district shall be liable for acts or omissions of its
employees or agents when acting pursuant to such a contract in the same
manner and to the same extent as if such acts or omissions occurred
within the county or part-county health district; and such employees or
agents shall have immunities and privileges for their acts or omissions
when acting pursuant to such a contract in the same manner and to the
same extent as if such acts or omissions occurred within the county or
part-county health district; except that such a contract may apportion
liability otherwise between or among the county or part-county health
districts.

3. Except as provided in the provisions of article thirteen-E of this
chapter, a board of health of a county health district shall exercise
all the powers and perform all duties relative to the enforcement of
article thirteen-E of this chapter pursuant to rules and regulations
promulgated by the commissioner.