Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1995 NO. 1 >

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 1997 NO. 2 >

1.Diet information forms submitted to the Department of Health pursuant to a federal/state program, and computer analyses generated with the information submitted, are public records for purposes of the Public Disclosure Act, RCW 42.17.2.Diet information forms submitted to the Department of Health pursuant to a federal/state program, and computer analyses generated with the information provided, contain personal information which is exempt from public inspection and copying; if this personal information is deleted, the remainder of the records are subject to public disclosure.3.Diet information forms submitted to the Department of Health pursuant to a federal/state program, and computer analyses generated with the information provided, generally do not meet the definition of "official public record" contained in RCW 40.14, the Records Retention Law; however, the Records Committee has authority to classify the records as "official public records" if it wishes to do so.4.The Records Committee created in RCW 40.14.050 has authority to approve a retention schedule for agency records which permits an agency not to retain a record for any time at all beyond the time necessary to generate the record; or the committee may choose to require that such records be kept for such period as the committee deems appropriate.

AGO 1992 NO. 17 >

1.  RCW 19.27.097 provides that an applicant for a building permit must provide evidence of an adequate supply of potable water.  The authority to make this determination is the local agency that issues building permits.  2.  The Legislature has authorized the Board of Health to establish, and the Department of Health to enforce, a comprehensive regulatory scheme for public water systems. In determining whether water to be supplied from a public water system constitutes an adequate water supply for purposes of RCW 19.27.097, the local agency issuing building permits must apply the standards set by the Board of Health.  3.  If water is not supplied from a public water system, the local agency issuing building permits has more discretion to determine if the water supply is adequate for purposes of RCW 19.27.097.  At a minimum, there must be sufficient quality and quantity of water for the intended purpose of the building.

AGO 1996 NO. 19 >

1.  The procedure established in RCW 90.03.383(3) for modifying a water right permit based on an intertie between public water supply systems applies only to interties existing and in use on January 1, 1991. 2.  Under RCW 90.03.383(3), when the Department of Ecology processes a change in place of use occasioned by an intertie between public water supply systems, the resulting permit(s) should show the quantity of water delivered through the intertie as well as the change in place of use. 3.  Under RCW 90.03.383(4), the Department of Ecology's scope of inquiry is whether each system's use is within the annual and instantaneous withdrawal rate specified in its water right authorization and whether the exchange or delivery through the intertie adversely affects existing water rights.  

AGO 1991 NO. 24 >

RCW 18.19.030 requires counselors to register with the Department of Health.  This registration requirement applies to individuals who provide counseling services.  A business that employs counselors is not required to register with the Department of Health pursuant to RCW 18.19.030.

AGO 1991 NO. 28 >

RCW 70.116.020 establishes the procedure for adopting coordinated water system plans in areas designated as critical water supply service areas.  RCW 36.93.090(5) provides that a boundary review board may review extension of water service by a city or town outside existing corporate boundaries.  A boundary review board does not have authority under RCW 36.93.050(5) to review extension of water service beyond corporate city or town limits if it is consistent with the coordinated water system plan adopted pursuant to RCW 70.116.020.

AGO 1959 NO. 45 >

The Department of Health, through the State Registrar of Vital Statistics, is required to issue a birth certificate pursuant to an adoption decree of the superior court which directs the inclusion of other than the actual birthplace and/or date of birth on a birth certificate to be issued following adoption.

AGO 1953 NO. 99 >

1. When an inmate of a city or county jail becomes ill or is injured and requires medical attention, being unable to pay for the services and not a recipient of public assistance, the city or county, i.e., the confining authority, is responsible for furnishing the medical services required. 2. When a ward in a juvenile detention homes becomes ill or is injured and the juvenile's parents are not financially able to provide the medical care and the juvenile is not a recipient of public assistance, the juvenile detention home shall provide the necessary medical services. 3. In the absence of a city ordinance or county resolution requiring the city or county to do so, cities or counties are not bound to arrange emergency medical care for those without funds, but not recipients of public assistance, but may very properly do so, and if either does so the cost is to be borne by either the city or county actually arranging or contracting the emergency medical service.

AGO 1953 NO. 126 >

Where a hospital operates a nursing home separately and independently from its operation of a hospital, the facilities so operated may be licensed by the Department of Health as a nursing home.

AGO 1956 NO. 262 >

1. Public Law 725 enacted by the 79th Congress, August 13, 1946, entitled "Hospital Survey and Construction Act" was not adopted by reference in ch. 197, L. 1949.   2. Chapter 197, L. 1949, is broad enough to and does authorize the state department of health of the state of Washington to accept any contributions made by the Federal government pursuant to the provisions of Public Law 725 as amended by Public Law 482 or any other Federal law that might be enacted in the future for the same purpose.