Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1975 NO. 13 >

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.

AGO 1996 NO. 15 >

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 1974 NO. 17 >

(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 >

(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 1991 NO. 20 >

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 1993 NO. 20 >

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 1988 NO. 30 >

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 1991 NO. 34 >

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.

AGLO 1975 NO. 43 >

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.

AGLO 1975 NO. 79 >

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.