The department is authorized, with the consent of the boards of health and the county authorities of the counties involved, to establish health districts composed of one or more counties. The county boards of health of the constituent counties shall, at the call of the commissioner, meet in joint session to approve the selection of a director appointed by the commissioner to serve such boards in common. A county board of health is authorized to appoint one of its members to represent the board at a joint meeting for this purpose. The director shall be a physician who is licensed to practice medicine under Chapter 34 of Title 43 and who otherwise meets the requirements of the rules of the State Personnel Board. The district director shall have the same powers, duties, and responsibility as a director serving a single county board of health. To further the purposes of this Code section, county boards of health may contract with each other for the provision of multicounty services and also exercise any additional powers as authorized by paragraph (7) of subsection (a) of Code Section 31-3-4; and in the performance of such contracts a county board of health may utilize its employees in other counties.
(Code 1933, § 88-215, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1978, p. 2031, § 2; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-36/HB 642.)
Editor's notes.- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.
Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
JUDICIAL DECISIONSCited in Lewis v. DeKalb County, 569 F. Supp. 11 (N.D. Ga. 1983).
OPINIONS OF THE ATTORNEY GENERAL
Staff member appointed by director need not be licensed physician if not practicing medicine.
- Staff member appointed by director of a health district, including director of a subordinate administrative unit, need not be a licensed physician, as long as the staff member does not engage in any activity which constitutes the practice of medicine and, in case of a position affected by the State Merit System of Personnel Administration, such licensure is not a requirement of the position the employee holds. 1978 Op. Att'y Gen. No. 78-9.
Criteria for determining appointing authority for position.- In determining whether commissioner, Department of Human Resources (now the Department of Community Health for these purposes), or district health director is appointing authority for any particular employee, it is necessary to consider the source of creation and funding of the position in question. 1974 Op. Att'y Gen. No. 74-89.
Construction with § 45-20-2. - O.C.G.A. § 31-3-15 does not require that the position of District Health Officer be placed in the classified service of the State Merit System and, accordingly, there is no conflict between O.C.G.A. §§ 31-3-15 and45-20-2, which defines classified and unclassified service. 1985 Op. Att'y Gen. No. 85-1.
RESEARCH REFERENCES
Am. Jur. 2d.
- 39 Am. Jur. 2d, Health, §§ 8, 9.
C.J.S.- 39A C.J.S., Health and Environment, §§ 7 et seq., 26.