(1) Each county, by
resolution of its board of county commissioners, shall establish and maintain a
county public health agency or shall participate in a district public health agency.
Any two or more contiguous counties, by resolutions of the boards of county
commissioners of the respective counties, may establish and maintain a district
public health agency. An agency shall consist of a county or district board of health,
a public health director, and all other personnel employed or retained under the
provisions of this subpart 3.
(2) (a) (I) The jurisdiction of any agency shall extend over all unincorporated
areas and over all municipal corporations within the territorial limits of the county
or the counties comprising the district, but not over the territory of any municipal
corporation that maintains its own public health agency. If the county has a county
public health agency or a district board of health and if the county is within a
district public health agency, any municipal corporation not otherwise within the
jurisdiction of an agency, by agreement of its city council, board of trustees or other
governing body, and the board of county commissioners of the county wherein the
municipal corporation is situated may merge its department with the county or
district public health agency.
(II) In the event of a merger between a health department of a municipal
corporation with a county or district public health agency, the agreement of
merger, among other things, shall provide that a member or members of the county
or district board of health, as is specified in the agreement, shall be appointed by
the city council or board of trustees of the municipal corporation rather than as
provided in this section. The city council or board of trustees shall appoint the
number of members specified in the agreement of merger, and the remaining
members shall be appointed as provided in this section.
(III) The board of county commissioners, in order to give the municipal
corporation representation on a county board of health previously established, may
declare vacancies in the county board of health and permit the vacancies to be
filled by the city council or board of trustees of the municipal corporation.
(b) All county or district boards of health existing within the county or
district shall be dissolved upon the organization of a county or district public health
agency under the provisions of this part 5 or upon the acceptance of a county into a
district already established.
(c) In the event of the dissolution of any county or district public health
agency, the withdrawal of a county from an established district, or the withdrawal
of a municipal corporation that has voluntarily merged its health department or
agency with a county or district public health agency, local boards of health shall
be reestablished under the provisions of this part 5 and assume the powers and
duties conferred upon such local boards.
(3) (a) Subject to available appropriations, an agency shall provide or arrange
for the provisions of services necessary to carry out the public health laws and
rules of the state board, the water quality control commission, the air quality
control commission, and the solid and hazardous waste commission according to
the specific needs and resources available within the community as determined by
the county or district board of health or the board of county commissioners and as
set out in both the comprehensive, statewide public health improvement plan
developed pursuant to section 25-1-504 and the county or district public health
plan developed pursuant to section 25-1-505.
(b) In addition to other powers and duties, an agency shall have the following
duties:
(I) To complete a community health assessment and to create the county or
district public health plan at least every five years under the direction of the county
or district board and to submit the plan to the county or district board and state
board for review;
(II) To advise the county or district board on public policy issues necessary to
protect public health and the environment;
(III) To provide or arrange for the provision of quality, core public health
services deemed essential by the state board and the comprehensive, statewide
public health improvement plan; except that the agency shall be deemed to have
met this requirement if the agency can demonstrate to the county or district board
that other providers offer core public health services that are sufficient to meet the
local needs as determined by the plan;
(IV) To the extent authorized by the provisions of this title or article 20 of
title 30, C.R.S., to administer and enforce the laws pertaining to:
(A) Public health, air pollution, solid and hazardous waste, and water quality;
(B) Vital statistics; and
(C) The orders, rules, and standards of the state board and any other type 1 agency created pursuant to the provisions of this title;
(V) To investigate and control the causes of epidemic or communicable
diseases and conditions affecting public health;
(VI) To establish, maintain, and enforce isolation and quarantine, and in
pursuance thereof, and for this purpose only, to exercise physical control over
property and over the persons of the people within the jurisdiction of the agency as
the agency may find necessary for the protection of the public health;
(VII) To close schools and public places and to prohibit gatherings of people
when necessary to protect public health;
(VIII) To investigate and abate nuisances when necessary in order to
eliminate sources of epidemic or communicable diseases and conditions affecting
public health;
(IX) To establish, maintain, or make available chemical, bacteriological, and
biological laboratories, and to conduct such laboratory investigations and
examinations as it may deem necessary or proper for the protection of the public
health;
(X) To purchase and distribute to licensed physicians and veterinarians, with
or without charge, as the county or district board may determine upon
considerations of emergency or need, approved biological or therapeutic products
necessary for the protection of public health;
(XI) To initiate and carry out health programs consistent with state law that
are necessary or desirable by the county or district board to protect public health
and the environment;
(XII) To collect, compile, and tabulate reports of marriages, dissolutions of
marriage, and declarations of invalidity of marriage, births, deaths, and morbidity,
and to require any person having information with regard to the same to make such
reports and submit such information as is required by law or the rules of the state
board;
(XIII) To make necessary sanitation and health investigations and
inspections, on its own initiative or in cooperation with the state department, for
matters affecting public health that are within the jurisdiction and control of the
agency;
(XIV) To collaborate with the state department and the state board in all
matters pertaining to public health, the water quality control commission in all
matters pertaining to water quality, the air quality control commission and the
division of administration of the state department in all matters pertaining to air
pollution, and the solid and hazardous waste commission in all matters pertaining to
solid and hazardous waste; and
(XV) To establish or arrange for the establishment of, by January 1, 2015, and
subject to available appropriations, a local or regional child fatality prevention
review team pursuant to section 25-20.5-404.
(c) If a county or district board of health does not receive sufficient
appropriations to fulfill all the duties described in paragraph (b) of this subsection
(3), the county or district board shall set priorities for fulfilling the duties and shall
include the list of priorities in its county or district public health plan submitted
pursuant to section 25-1-505.
(4) Repealed.