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AGO Opinions with Topic: HEALTH
AGO 1972 No. 5 >  December 7, 1972
DISTRICTS - SCHOOLS - INSURANCE - HEALTH - CONTRACTS
DISTRICTS ‑- SCHOOLS ‑- INSURANCE ‑- HEALTH ‑- CONTRACTS (1) RCW 28A.58.420, as amended by § 2, chapter 269, Laws of 1971, 1st Ex. Sess., permits but does not require all school districts to make available to their employees an insurance program which would include medical or health care coverage entitling the beneficiaries to utilize the services of those practitioners who are licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57 and 18.71 RCW.(2) If an insurance contract procured by a school district for its employees under RCW 28A.58.420, as amended, does include medical coverage relating to services which can be rendered by more than one of the above enumerated classes of licensees, the contract must then entitle the beneficiaries to choose between the services of each of those categories of licensees which are authorized to treat the particular covered illness or injury in question.(3) Where the board of directors of a school district is providing medical or health care insurance coverage for its employees under RCW 28A.58.420, as amended, it is not necessary that the contract for insurance or protection allow its beneficiaries to utilize the services of any practitioners in this state licensed pursuant to the enumerated RCW chapters; instead, it is permissible for the insurance contract to afford to those beneficiaries only the services of a designated list of named licensees practicing in a particular geographical area.
AGO 1974 No. 17 >  August 7, 1974
CHILDREN - HEALTH - SALE - FIRE - SALE OF FLAMMABLE CHILDREN'S SLEEPWEAR
CHILDREN ‑- HEALTH ‑- SALE ‑- FIRE ‑- SALE OF FLAMMABLE CHILDREN'S SLEEPWEAR (1) The term "children's sleepwear" as defined in § 3, chapter 211, Laws of 1973, 1st Ex. Sess., (RCW 70.110.030) includes both infant sizes 0-6X and children's sizes 7-14; in addition, it also includes junior or adult sizes of sleepwear which are the physical equivalent of those children's sizes even though not designated as such. (2) The provisions of chapter 211, Laws of 1973, 1st Ex. Sess., are currently enforceable within the purview of the preemption clauses of the Federal Flammable Fabrics Act and Consumer Product Safety Act, and their enforceability with respect to children's sizes 7-14 or the equivalent is not dependent upon the effectiveness of certain federal regulations establishing flammability standards for those sizes of children's sleepwear which are not scheduled to take effect until May 1, 1975.
AGO 1979 No. 20 >  November 29, 1979
OFFICES AND OFFICERS - HEALTH - CRIMES - ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES
OFFICES AND OFFICERS ‑- HEALTH ‑- CRIMES ‑- ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES (1) RCW 43.20.050 does not require all state, county, city or township officers or employees to "enforce" the provisions of chapter 248-152 WAC restricting smoking in public places or be subject to criminal penalties for their failure to do so; instead, that statute only applies to those particular officers or employees who, by virtue of their offices or positions, are possessed of the legal authority to take some form of legal action against alleged violators of the regulations.(2) Although RCW 43.20.170 authorizes the director of Social and Health Services to utilize any of the special proceedings provided for in Title 7 RCW in enforcing State Board of Health regulations, except for a suit for injunctive relief under chapter 7.40 RCW, most of those special proceedings have little or no utility in that connection.
AGO 1979 No. 6 >  March 28, 1979
DISTRICTS - SCHOOLS - HEALTH - IMMUNIZATION - CONSTITUTIONALITY OF IMMUNIZATION REQUIREMENT FOR SCHOOL ATTENDANCE
DISTRICTS ‑- SCHOOLS ‑- HEALTH ‑- IMMUNIZATION ‑- CONSTITUTIONALITY OF IMMUNIZATION REQUIREMENT FOR SCHOOL ATTENDANCE Certain proposed legislation now pending before the state legislature (see Senate Bill No. 2241 and House Bill No. 502) to require specified immunizations of school age children as a prerequisite for admission to public or private schools would, if enacted as drafted, be constitutionally valid.
AGO 1991 No. 20 >  June 7, 1991
HEALTH - INSURANCE - HEALTH INSURANCE POOL - CHIROPRACTORS - ASSESSMENT OF HEALTH CARE SERVICE CONTRACTOR THAT PROVIDES COVERAGE EXCLUSIVELY FOR CHIROPRACTIC SERVICES
HEALTH ‑- INSURANCE ‑- HEALTH INSURANCE POOL ‑- CHIROPRACTORS ‑- ASSESSMENT OF HEALTH CARE SERVICE CONTRACTOR THAT PROVIDES COVERAGE EXCLUSIVELY FOR CHIROPRACTIC SERVICES RCW 48.41.090 provides for assessment of members of the Washington State Health Insurance Pool based on the number of persons insured under the member's health plan.  A member is not subject to assessment if the coverage provided does not fall within the definition of "health plan."  RCW 48.41.030(9) defines "health plan" as an arrangement that includes coverage for both hospital and medical benefits.  Thus, coverage that is limited exclusively to chiropractic services with no hospital services is not a health plan and a member is not subject to assessment with respect to persons so covered.
AGO 1991 No. 34 >  December 16, 1991
SCHOOLS - DISTRICTS - SCHOOL PROPERTY - SCHOOL FUNDS - CHILDREN - HEALTH - DONATIONS
Authority of school district to purchase real estate to eliminate a potential health risk to students 1.  A school district has the authority to purchase real estate not needed for immediate or future school purposes in order to eliminate a potential health risk and liability stemming from the property.  2.  In purchasing the property a district cannot pay more than the fair market value of the property, unless the district is receiving additional consideration, e.g., seller will provide something in addition to the title to the property such as demolishing structures on the property.  3.  A district may accept donations designated to pay the difference between the appraisal price of the property and the selling price.
AGO 1990 No. 1 >  January 9, 1990
AIDS - EDUCATION - HEALTH - SCHOOLS - SUPERINTENDENT OF PUBLIC INSTRUCTION
AIDS ‑- EDUCATION ‑- HEALTH ‑- SCHOOLS ‑- SUPERINTENDENT OF PUBLIC INSTRUCTION 1.  RCW 28A.05.055 requires school districts to provide education on acquired immunodeficiency syndrome (AIDS) at least once during each school year beginning with the 1988-89 school year.2.  If a school district elects to develop its own AIDS curricula, it need not complete the curricula prior to the beginning of the school year, so long as it is developed in time to provide AIDS education at least once during the school year.
AGO 1995 No. 1 >  January 18, 1995
DEPARTMENT OF AGRICULTURE - DEPARTMENT OF HEALTH - AGRICULTURE - HEALTH - AUTHORITY TO EMBARGO FOOD GROWN IN A "FOOD CONTROL AREA"
DEPARTMENT OF AGRICULTURE - DEPARTMENT OF HEALTH - AGRICULTURE - HEALTH - AUTHORITY TO EMBARGO FOOD GROWN IN A 'FOOD CONTROL AREA' Neither the Department of Agriculture nor the Department of Health has authority to administratively designate a "food control area" (such as the area surrounding the site of a chemical or nuclear accident) and embargo all food grown within the area without some particularized determination of the products which are contaminated or are likely to pose a threat to human health.
AGO 1988 No. 30 >  December 14, 1988
SEXUALLY TRANSMITTED DISEASE - LICENSES - MARRIAGE - AMENDMENT - HEALTH
SEXUALLY TRANSMITTED DISEASE ‑- HEALTH ‑- MARRIAGE ‑- AMENDMENT ‑- LICENSES That portion of RCW 26.04.210 which requires applicants for marriage licenses to make and file with the county an affidavit showing they are not afflicted with any contagious venereal disease is still enforceable, and was not repealed or amended by chapter 206, Laws of 1988 (an act relating to AIDS and other sexually transmitted diseases).
AGO 1993 No. 6 >  April 15, 1993
DEPARTMENT OF ECOLOGY - HEALTH - SEWER - DISTRICTS - HAZARDOUS WASTE - FEES
Ability of Local Health Board to Charge Fees in Connection With Implementation of Local Hazardous Waste Plan 1.  Chapter 70.105 RCW requires local governments to adopt hazardous waste plans for the management of moderate-risk waste.  A local government can implement such plans through its board of health. 2.  A local health board can assess a fee against a sewer district for services the board performs in connection with the implementation of a local hazardous waste plan.  However, the fee must be no greater than the actual cost of providing the relevant services. 3.  The authority granted to the Department of Ecology to regulate hazardous waste does not preempt the authority of a local health board to adopt a local hazardous waste plan for the management of moderate-risk waste and to charge a fee in connection with the implementation of the plan.
AGO 1996 No. 15 >  September 4, 1996
COUNTIES - OFFICES AND OFFICERS - HEALTH - DISTRICTS - COUNTY COMMISSIONERS
Simultaneous service of one spouse as county commissioner while other spouse is administrator of the local Health Department in the same county RCW 42.23.030 does not prohibit the service of one spouse as a county commissioner (and ex officio local health board member) while the other spouse serves as administrative officer of the health department; these positions are both public offices and the compensation for them does not arise out of contract.
AGO 1993 No. 20 >  December 23, 1993
HEALTH - DISTRICTS
Authority of local health officer to control spread of tuberculosis RCW 70.05.070 empowers local health officers to control and prevent the spread of any dangerous, contagious, or infectious disease.  RCW 70.28.031 empowers local health officers to examine and isolate persons reasonably suspected of having tuberculosis.  These statutes provide authority for local health officers to detain, test and, if necessary, treat persons reasonably suspected of having tuberculosis.
AGO 1958 No. 156 >  February 11, 1958
HEALTH - COUNTIES - CITIES AND TOWNS - BOARDING HOMES FOR THE AGED - PLACES OF REFUGE - REGULATION AND LICENSING
HEALTH ‑- COUNTIES ‑- CITIES AND TOWNS ‑- BOARDING HOMES FOR THE AGED ‑- PLACES OF REFUGE ‑- REGULATION AND LICENSING Local authorities may not enact or enforce local ordinances or regulations pertaining to the licensure and/or inspection of places of refuge or boarding homes for the aged, as defined by chapter 253, Laws of 1957 (chapter 74.32 RCW).
AGO 1957 No. 118 >  September 12, 1957
COUNTIES - CITIES AND TOWNS - HEALTH - AIR POLLUTION - AIR POLLUTION CONTROL DISTRICTS - NUISANCE - CONSTITUTIONAL LAW
COUNTIES ‑- CITIES AND TOWNS -- HEALTH ‑- AIR POLLUTION ‑- AIR POLLUTION CONTROL DISTRICTS -- NUISANCE -- CONSTITUTIONAL LAW ‑- TAXATION ‑- FORTY MILL LIMITATION 1. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires that an entire county be included within an air pollution control district but does not require that two or more cities, exclusive of any unincorporated county area, be contiguous. 2. Chapter 232, Laws of 1957, chapter 70.94 RCW, requires each city, town or county to conduct tests and surveys prior to the enactment of air pollution control measures for the formation of an air pollution control district. 3. Chapter 70.94 RCW, chapter 232, Laws of 1957, does not require that each component city, town or county of an air pollution control district separately enact air pollution control measures but does provide that the district as a governmental unit may promulgate rules and regulations for this purpose. 4. It is not necessary that a city, town or county follow the procedure established in chapter 232, Laws of 1957, chapter 70.94 RCW, in order to enact or enforce air pollution control measures. 5. Amendment 17 to the Washington State Constitution requires that any tax by a city, town, county or district in excess of the 40-mill limitation must be [[Orig. Op. Page 2]]submitted to the electorate each year that such governmental unit seeks to levy the additional tax.
AGO 1956 No. 227 >  March 19, 1956
HEALTH - X RAYS - MAY INMATES OF COUNTY JAILS BE REQUIRED TO SUBMIT THERETO
HEALTH ‑- X RAYS ‑- MAY INMATES OF COUNTY JAILS BE REQUIRED TO SUBMIT THERETO. Persons shortly after their admission to either county or city jails may be required to submit to a chest X-ray having for its purpose the discovery of tuberculosis.
AGO 1955 No. 121 >  July 29, 1955
HEALTH - REGULATION, REQUIRING CONNECTION WITH EXISTING SEWER
HEALTH ‑- REGULATION, REQUIRING CONNECTION WITH EXISTING SEWER 1. It is not an unlawful delegation of legislative authority to allow an administrative body to pass upon a condition or state of things if proper standards to govern the Board are legislatively enunciated; 2. A municipal sewer system is accessible to a non-resident [[nonresident]] of a municipality if the municipality will, without the imposition of onerous conditions, allow him to connect his property to such sewer system.
AGLO 1982 No. 9 >  April 28, 1982
INSURANCE - HEALTH - OPTICIANS
SERVICES OF DISPENSING OPTICIAN UNDER HEALTH CARE SERVICE CONTRACT A health care service contractor registered under chapter 48.44 RCW may offer to provide or to pay reimbursement for the services of a licensed dispensing optician.
AGLO 1980 No. 7 >  January 28, 1980
DISTRICTS - SCHOOLS - HEALTH - IMMUNIZATION - CHURCHES - RELIGION
FUNDING CERTAIN ADMINISTRATIVE FUNCTIONS OF CHURCH-RELATED PRIVATE SCHOOLS Funds appropriated by §§ 14 and 15 of chapter 118, Laws of 1979, 1st Ex. Sess., for administration of the mandatory school immunization program thereby established may not be disbursed to private, church-related schools (a) because of a lack of statutory authority and (b) because of the constitutional prohibitions in Article IX, § 4 and Article VIII, § 7 of the Washington Constitution; the legislature, however, could make certain suggested amendments to the law which, if enacted, would establish a constitutionally permissible contractual basis for such payments.
AGLO 1975 No. 13 >  February 7, 1975
INSURANCE - HEALTH
ANIMALS An organization may not be registered as a "health care service contractor" under chapter 48.44 RCW for the purpose of providing veterinary services for family pets or other animals.
AGLO 1975 No. 79 >  September 11, 1975
CIGARETTES - HEALTH - PUBLIC MEETINGS
SMOKING AT MEETINGS OF STATE HIGHWAY COMMISSION WAC 248-152-030 prohibits smoking at such meetings of the state highway commission as are open to the public under chapter 42.30 RCW.
AGLO 1975 No. 92 >  December 3, 1975
TAXATION - PROPERTY - COUNTIES - HEALTH
RATE OF PROPERTY TAX FOR PUBLIC HEALTH WORK The increased rate of property taxation for public health work in each county which is provided for by RCW 70.12.010, as amended by § 1, chapter 291, Laws of 1975, 1st Ex. Sess., is applicable both to 1975 taxes to be collected in 1976 and 1976 taxes to be collected in 1977.
AGO 2008 No. 5 >  March 27, 2008
COUNTIES - HEALTH - BOARD OF HEALTH - WATER - PUBLIC UTILITY DISTRICTS
Authority of county health board to order fluoridation of water supply. 1.  A county health board may lawfully order the fluoridation of a water supply system owned and operated by a public utility district and located within the county’s jurisdiction.  2.  Subject to constitutional requirements, a county health board may lawfully order a public utility district to fluoridate a discrete portion of the PUD’s water supply system.  3.  A county health board may enact a regulation requiring the fluoridation of water supply systems generally but, subject to constitutional requirements, a generally applicable regulation is not prerequisite to the issuance of enforcement orders on the subject.  4.  A county health board may lawfully order the fluoridation of a water supply system where the order is contingent upon a third-party source of funding for the fluoridation process.
AGLO 1975 No. 43 >  April 23, 1975
COUNTIES - DISTRICTS - HEALTH
REGULATION OF SOLID WASTE DISPOSAL Identification of unit of government of Spokane county with responsibility under chapter 70.95 for issuance of permit for operation of a sanitary landfill; applicability of site permit system provided for by RCW 70.95.170 to both "inert waste matter" and "garbage and other similar waste matters; agency required to prepare environmental impact statement with respect to sanitary landfill in Spokane county; authority of county engineer to grant or deny an application for permit to operate a sanitary landfill under RCW 70.95.170.
AGO 2012 No. 2 >  February 9, 2012
HEALTH - TRANSIENT ACCOMODATIONS
Inspection Of Occupied Hotel And Motel Rooms

The Department of Health is precluded by statute from inspecting occupied rooms when conducting inspections of transient accommodations, without regard to presence or consent of the occupant.

AGO 2013 No. 3 >  August 21, 2013
DISTRICT, PUBLIC HOSPITAL - HOSPITALS - PUBLIC FUNDS - HEALTH - CONTRACTS
Whether A Public Hospital District Violates RCW 9.02 If It Contracts With A Provider Of Health Care Services That Declines To Provide Certain Services

 

A public hospital district that provides, directly or by contract, maternity care benefits, services, or information to women, through any program administered or funded in whole or in part by the district, must also provide the substantially equivalent benefits, services, or information required by RCW 9.02.160 and .100.

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