reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2235 - Local Health Department; Authorization to Exercise Power or Function; Primary Organization as to Services and Programs; Exceptions; Summary Reports.

333.2235 Local health department; authorization to exercise power or function; primary organization as to services and programs; exceptions; summary reports.
Sec. 2235.
(1) Except as provided in subsection (3), the department may authorize a local health department to exercise a power or function of the department where not otherwise prohibited by law or rule.
(2) The director, in determining the organization of services and programs which the department may establish or require under this code, shall consider a local health department which meets the requirements of part 24 to be the primary organization responsible for the organization, coordination, and delivery of those services and programs in the area served by the local health department.
(3) Subsections (1) and (2) do not apply if the director determines that 1 of the following exists:
(a) The local health department does not have and is unable or unwilling to obtain qualified personnel or does not have and is unable or unwilling to obtain the administrative capacity or programmatic mechanisms to perform a specific function.
(b) The services or programs are so specialized in nature and of such technical complexity that cost benefit or cost effectiveness does not justify administration through the local health department.
(c) Legal constraints preclude the assignment of the responsibility.
(4) When a branch of the state department of public health directly delivers services within a local health department area, the state department of public health shall provide summary reports of those activities to the local health department upon the request of the local health officer.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2237 - Duties of Department as to Health Education; “Health Education” Defined.

333.2237 Duties of department as to health education; “health education” defined.
Sec. 2237.
(1) The department shall:
(a) Exercise overall leadership in recognizing the importance of public health education objectives in the planning, developing, and carrying out of public health programs within the department's jurisdiction.
(b) Encourage local health departments to give priority to community health education activities as an essential part of local health programs.
(c) Develop and apply standards for the evaluation of public health education activities both at the state and local level and in cooperation with other public and private agencies.
(d) Collect and disseminate information about public health education activities and research in this state.
(2) As used in this section, "health education" means that dimension of health care that directs attention of individuals to their health behavior with the goal of enabling the individuals to make reasoned decisions about their own health practices and those within the various communities in which the individuals live, work, and play. The basic components of reasoned health decision-making education include both:
(a) The acquisition of accurate, unbiased, authoritative knowledge of subjects such as human biology, efficacy of early prevention, disease detection and control, nutritional practices, detection and control of environmental hazards, alternative health practices and the consequences of each, and the affective assessment of an individual's own beliefs on health outcomes.
(b) The acquisition of the behavior skills required to carry out the desired alternative.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2241 - Inspection or Investigation to Assure Compliance; Application for Warrant.

333.2241 Inspection or investigation to assure compliance; application for warrant.
Sec. 2241.
(1) To assure compliance with laws enforced by the department, the department may inspect, investigate, or authorize an inspection or investigation to be made of any matter, thing, premises, place, person, record, vehicle, incident, or event.
(2) The department may apply for an inspection or investigation warrant under section 2242 to carry out this section.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2242 - Warrant; Affidavit Required for Issuance.

333.2242 Warrant; affidavit required for issuance.
Sec. 2242.
Upon receipt of an affidavit made on oath establishing grounds for issuing a warrant pursuant to section 2243, a magistrate shall issue an inspection or investigation warrant authorizing the department applying for the warrant to conduct an inspection or investigation.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2243 - Warrant; Grounds for Issuance.

333.2243 Warrant; grounds for issuance.
Sec. 2243.
A magistrate shall issue an inspection or investigation warrant if either of the following exists:
(a) Reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular thing, premises, place, person, record, vehicle, incident, or event.
(b) There is reason to believe that noncompliance with laws enforced by the state or local health department may exist with respect to the particular thing, premises, place, person, record, vehicle, incident, or event.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2244 - Warrant; Finding of Cause.

333.2244 Warrant; finding of cause.
Sec. 2244.
The magistrate's finding of cause shall be based on the facts stated in the affidavit. The affidavit may be based upon reliable information supplied to the applicant from a credible individual, named or unnamed, if the affidavit contains affirmative allegations that the individual spoke with personal knowledge of the matters contained in the affidavit.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2245 - Warrant; Directing to Law Enforcement Officer; Contents.

333.2245 Warrant; directing to law enforcement officer; contents.
Sec. 2245.
An inspection or investigation warrant may be directed to the sheriff or any law enforcement officer, commanding the officer to assist the state or local health department in the inspection or investigation. A warrant shall designate and describe the location or thing to be inspected and the property or thing to be seized. The warrant shall state the grounds or cause for its issuance or a copy of the affidavit shall be attached to the warrant.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2246 - Warrant; Execution.

333.2246 Warrant; execution.
Sec. 2246.
The officer to whom an inspection or investigation warrant is directed or a person assisting the officer may break an outer or inner door or window of a house or building, or anything therein, to execute the warrant, if, after notice of his or her authority and purpose, the officer is refused admittance, or when necessary to liberate the officer or person assisting the officer in execution of the warrant.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2247 - Warrant; Procuring Maliciously or Without Cause; Misdemeanor.

333.2247 Warrant; procuring maliciously or without cause; misdemeanor.
Sec. 2247.
A person who maliciously and without cause procures an inspection or investigation warrant to be issued and executed is guilty of a misdemeanor.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2255 - Injunctive Action.

333.2255 Injunctive action.
Sec. 2255.
Notwithstanding the existence and pursuit of any other remedy, the department, without posting bond, may maintain injunctive action in the name of the people of this state to restrain, prevent, or correct a violation of a law, rule, or order which the department has the duty to enforce or to restrain, prevent, or correct an activity or condition which the department believes adversely affects the public health.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2261 - Violation as Misdemeanor; Penalty.

333.2261 Violation as misdemeanor; penalty.
Sec. 2261.
Except as otherwise provided by this code, a person who violates a rule or order of the department is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, or a fine of not more than $200.00, or both.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2262 - Violation; Rules Adopting Schedule of Monetary Civil Penalties; Issuance, Contents, and Delivery of Citation.

333.2262 Violation; rules adopting schedule of monetary civil penalties; issuance, contents, and delivery of citation.
Sec. 2262.
(1) The department may promulgate rules to adopt a schedule of monetary civil penalties, not to exceed $1,000.00 for each violation or day that a violation continues, which may be assessed for a specified violation of this code or a rule promulgated or an order issued under this code and which the department has the authority and duty to enforce.
(2) If a department representative believes that a person has violated this code or a rule promulgated or an order issued under this code which the department has the authority and duty to enforce, the representative may issue a citation at that time or not later than 90 days after discovery of the alleged violation. The citation shall be written and shall state with particularity the nature of the violation, including reference to the section, rule, or order alleged to have been violated, the civil penalty established for the violation, if any, and the right to appeal the citation pursuant to section 2263. The citation shall be delivered or sent by registered mail to the alleged violator.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2263 - Citation; Petition for Administrative Hearing; Decision of Hearings Officer; Review; Provisions Governing Hearings and Appeals; Civil Penalty.

333.2263 Citation; petition for administrative hearing; decision of hearings officer; review; provisions governing hearings and appeals; civil penalty.
Sec. 2263.
(1) Not later than 20 days after receipt of the citation, the alleged violator may petition the department for an administrative hearing, which shall be held within 60 days after receipt of the petition by the department. The administrative hearing may be conducted by a hearings officer who may affirm, dismiss, or modify the citation. The decision of the hearings officer shall be final, unless within 30 days after the decision the director grants a review of the citation. Upon review, the director may affirm, dismiss, or modify the citation.
(2) Hearings and appeals under this section shall conform to the administrative procedures act of 1969.
(3) A civil penalty shall become final if a petition for an administrative hearing is not received within the time specified in subsection (1). A civil penalty imposed shall be paid to the state treasury for deposit in the general fund. A civil penalty may be recovered in a civil action brought in the county in which the violation occurred or the defendant resides.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-22 - Part 22 State Department of Public Health (333.2201...333.2264) › Section 333.2264 - Patient Safety Organization; Certification of More Than 1 Entity.

333.2264 Patient safety organization; certification of more than 1 entity.
Sec. 2264.
Notwithstanding any other provision of this act to the contrary, more than 1 entity may be certified as a patient safety organization under section 924 of the patient safety and quality improvement act of 2005, 42 USC 299b-24.
History:
Add. 2006, Act 643, Imd. Eff. Jan. 5, 2007
Compiler's Notes:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-23 - Part 23 Basic Health Services (333.2301...333.2321) › Section 333.2301 - Identification of Priority Health Problems; Preparation and Basis of Proposed List of Basic Health Services.

333.2301 Identification of priority health problems; preparation and basis of proposed list of basic health services.
Sec. 2301.
(1) The department, utilizing broad participation of, and providing ample opportunity for the submission of recommendations by, the individuals and organizations described in section 2302, annually shall identify the priority health problems of this state utilizing state health plans and an assessment procedure based on data and statistics consistent with or provided for in sections 2616 and 2617. Identification of priority health problems related to mental health shall be made with the consultation and advice of the department of mental health. From these priorities, the department annually shall prepare a proposed list of basic preventive, personal, and environmental health services to be made available and accessible to all residents in need of the services in this state without regard for place of residence, marital status, sex, age, race, or inability to pay.
(2) The list of proposed basic health services shall be based upon the capabilities of the health related arts and sciences and upon criteria related to health needs, resources, and performance and shall take into account the services provided by private practitioners and private providers of health services. To the extent that the proposed list of basic health services includes mental health services for which responsibility has been vested in state or local mental health agencies by Act No. 258 of the Public Acts of 1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws, or rules promulgated pursuant to that act, the inclusion of those services in the proposed list shall be subject to the approval of the department of mental health.
History:
1978, Act 368, Eff. Sept. 30, 1978
Compiler's Notes:
For transfer of certain powers and duties of the bureau of child and family services, with the exception of the women, infants, and children division, from the department of public health to the director of the department of community health, see E.R.O. No. 1996-1, compiled at MCL 330.3101 of the Michigan Compiled Laws.
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-23 - Part 23 Basic Health Services (333.2301...333.2321) › Section 333.2302 - Annual Budget Request to Include Proposed List of Basic Health Services and Proposed Program Statement; Review and Comment.

333.2302 Annual budget request to include proposed list of basic health services and proposed program statement; review and comment.
Sec. 2302.
The proposed list of basic health services, the methodology used to derive the list, and a proposed program statement shall be included in the department's annual budget request and shall be made available for review and comment to the legislature, health planning agencies, local health departments, local governmental entities, health professional associations, and the public.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-23 - Part 23 Basic Health Services (333.2301...333.2321) › Section 333.2305 - Proposed Program Statement; Contents.

333.2305 Proposed program statement; contents.
Sec. 2305.
The proposed program statement shall include:
(a) A statement describing the availability and accessibility of proposed basic health services to all residents in need in this state.
(b) The basic health services proposed to be delivered through the department.
(c) The basic health services proposed to be delivered through other public or nonpublic entities through contracts or other arrangements.
(d) The basic health services proposed to be delivered through local health departments in accordance with the criteria set forth in section 2235.
(e) A description of the methods which will be employed to make persons aware of the availability and accessibility of the proposed basic health services.
(f) A description of the proposed methods and sources of financing the proposed basic health services.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-23 - Part 23 Basic Health Services (333.2301...333.2321) › Section 333.2311 - Proposed Health Services as Basic Health Services; Revision, Publication, and Dissemination of List and Program Statement.

333.2311 Proposed health services as basic health services; revision, publication, and dissemination of list and program statement.
Sec. 2311.
Those health services proposed under this part which are funded by appropriations to the department or which are made available through other arrangements approved by the legislature in the appropriations process are basic health services for purposes of this code. The department shall revise the proposed list of basic health services and the program statement to reflect funds actually appropriated and shall cause the list and program statement, as revised, to be published and widely disseminated.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-23 - Part 23 Basic Health Services (333.2301...333.2321) › Section 333.2321 - Availability and Accessibility of Basic Health Services; Demonstration Upon Request; Basic Health Service as Required Service; Notice of Nonavailability or Nonaccessibility; Investigation; Notice to Complainant.

333.2321 Availability and accessibility of basic health services; demonstration upon request; basic health service as required service; notice of nonavailability or nonaccessibility; investigation; notice to complainant.
Sec. 2321.
(1) Upon request, the department shall demonstrate the availability and accessibility of the basic health services in a manner consistent with the revised program statement and this code.
(2) A basic health service designated for delivery through a local health department is a required service under part 24 for the local fiscal year covered by the appropriation.
(3) A person who believes that a basic health service described in the revised program statement is not available or accessible may notify the department. The department shall investigate each written complaint and shall notify the complainant of the availability and source of the service. If there are grounds to believe that the service is not available or accessible, the complainant shall be given written notice, within a reasonable time, of the action proposed to be taken.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2401 - Meanings of Words and Phrases; General Definitions and Principles of Construction.

333.2401 Meanings of words and phrases; general definitions and principles of construction.
Sec. 2401.
(1) For purposes of this part, the words and phrases defined in sections 2403 to 2408 have the meanings ascribed to them in those sections.
(2) In addition, article 1 contains general definitions and principles of construction applicable to all articles in this code.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2403 - Definitions; a to D.

333.2403 Definitions; A to D.
Sec. 2403.
(1) "Allowable service" means a health service delivered in a city, county, district, or part thereof, which is not a required service but which the department determines is eligible for cost reimbursement pursuant to sections 2471 to 2498.
(2) "County" includes a unified county unless otherwise specified.
(3) "District" means a multi-county or city-county district served by a health department created under section 2415.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2406 - Definitions; L.

333.2406 Definitions; L.
Sec. 2406.
"Local governing entity" means:
(a) In case of a single county health department, the county board of commissioners.
(b) In case of a district health department, the county boards of commissioners of the counties comprising the district.
(c) In case of a district health department which includes a single city health department, the county boards of commissioners of the counties comprising the district and the mayor and city council of the city.
(d) In case of a single city health department, the mayor and city council of the city.
(e) In the case of a local health department serving a county within which a single city health department has been created pursuant to section 2422, the county board of commissioners elected from the districts served by the county health department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2408 - Definitions; R to U.

333.2408 Definitions; R to U.
Sec. 2408.
(1) "Required service" means a local health service specifically required pursuant to this part or specifically required elsewhere in state law, except a service specifically excluded by this part or a rule promulgated pursuant to this part.
(2) "Unified county" means a county having an optional unified form of county government under Act No. 139 of the Public Acts of 1973, as amended, being sections 45.551 to 45.573 of the Michigan Compiled Laws.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2411 - Division of Powers and Duties.

333.2411 Division of powers and duties.
Sec. 2411.
(1) Where the governing entity of a local health department includes a unified county, the powers and duties vested in the county board of commissioners and county executive in that county shall be divided in accordance with Act No. 139 of the Public Acts of 1973, as amended.
(2) Where the local governing entity of a local health department includes a city, the powers and duties vested in the mayor and city council shall be divided as provided by law and the city charter.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2413 - County Health Department; County Board of Health.

333.2413 County health department; county board of health.
Sec. 2413.
Except if a district health department is created pursuant to section 2415, the local governing entity of a county shall provide for a county health department which meets the requirements of this part, and may appoint a county board of health.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2415 - Creation of District Health Department; Composition of District Board of Health.

333.2415 Creation of district health department; composition of district board of health.
Sec. 2415.
Two or more counties or a city having a population of 750,000 or more and 1 or more counties, by a majority vote of each local governing entity and with approval of the department, may unite to create a district health department. The district board of health shall be composed of 2 members from each county board of commissioners or in case of a city-county district 2 members from each county board of commissioners and 2 representatives appointed by the mayor of the city. With the consent of the local governing entities affected, a county or city may have a greater number of representatives.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2417 - Claim Against District Health Department; Audit; Allowance of Claim; Report; Appeal; Apportionment of Allowed Claims; Formula; Voucher.

333.2417 Claim against district health department; audit; allowance of claim; report; appeal; apportionment of allowed claims; formula; voucher.
Sec. 2417.
A claim against a district health department shall be audited by the district board of health which has the same power to allow the claim that a local governing entity has as to claims against a county or city. If the district board of health meets less often than once a month, a claim may be allowed by the local health officer and 1 member of the district board of health who shall report the action to the board at its next regular meeting. The same right of appeal from the decision of the district board of health as to a claim exists as from a similar decision of a local governing entity. The total amount of the allowed claims shall be apportioned among the local governing entities of the district using a formula approved by the district health board. The formula determined by the district health board shall be approved by the state department of treasury. A voucher for an allowed claim shall be issued by the officers of each local governing entity for its apportioned share.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2419 - Employment of Personnel; Consolidation of Functions.

333.2419 Employment of personnel; consolidation of functions.
Sec. 2419.
Two or more local governing entities may contract for the employment of personnel or the consolidation of functions of their local health departments under a plan approved by the department.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2421 - City Health Department; Creation; Powers and Duties.

333.2421 City health department; creation; powers and duties.
Sec. 2421.
A city having a population of 750,000 or more may create a city health department which shall be considered a local health department for purposes of this code, if the requirements of sections 2422 to 2424 are met. If a city creates a health department, that department and its local governing entity shall have the powers and duties of a local health department or local governing entity as provided by this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2422 - Selection of Option by City; Notice of Intent.

333.2422 Selection of option by city; notice of intent.
Sec. 2422.
Not later than 6 months after the effective date of this part, a city having a population of 750,000 or more shall select an option permitted under this section in a manner consistent with its charter and shall notify the department of the city's intent to do 1 of the following:
(a) Create a city health department pursuant to a plan developed under section 2424.
(b) Join with the county or district in which the city is located to create a district health department pursuant to section 2415 and a plan developed under section 2424.
(c) Decline to exercise the options in subdivision (a) or (b), in which case the local health department otherwise having jurisdiction in the county in which the city is located, pursuant to a plan developed under section 2424, shall assume the powers and duties of a local health department in the city.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2423 - Selection of Option by City; Failure to Notify Department; Continuing Local Financial Support for Affected Services.

333.2423 Selection of option by city; failure to notify department; continuing local financial support for affected services.
Sec. 2423.
Failure to notify the department under section 2422 is considered an exercise of the option in section 2422(c). Selection of the option in section 2422(a) or (b) does not preclude the selection of the option in section 2422(c) and the implementation of section 2424 at a later time. During the transition period, a city exercising the option in section 2422(c) shall continue local financial support for affected services at a level considered by the department to be consistent with support previously provided by the city, or with the requirements of the approved plan.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2424 - Selection of Option by City; Planning Period; Transition Plan; Responsibility for Local Cost of Required Services; Approval of Developed Plan; Disposition of Federal Funds.

333.2424 Selection of option by city; planning period; transition plan; responsibility for local cost of required services; approval of developed plan; disposition of federal funds.
Sec. 2424.
(1) A city selecting an option under section 2422 has a planning period of:
(a) One year after the selection of the option in section 2422(a).
(b) Eighteen months after the selection of the option in section 2422(b) or (c).
(2) During the planning period the affected local governing entities shall develop and adopt a plan setting forth the arrangements, agreements, and contracts necessary to establish a local health department pursuant to the exercised option and prescribing a timetable for the indicated transition. The transition plan shall provide that a city shall assume full financial liability for the local cost of services or programs provided by the city or transferred to the city by another local governing entity by virtue of the exercise of the option in section 2422(a). The plan shall include contracts providing that an employee transferred under the plan shall not lose any benefit or right as a result of the transfer. Upon completion of the transition period, a city exercising that option is solely responsible for the local cost of all required services under this part.
(3) By the end of the planning period, the developed plan shall be submitted to the department for approval. If a plan is not submitted or approved, the department shall develop a transition plan during the 6 months after the end of the planning period and, upon completion, the plan shall be an approved plan under this section.
(4) Subject to federal law and regulations, disposition of federal funds shall be made in accordance with the approved plan and option exercised.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2426 - Real and Personal Property of Village or Township Board or Department of Health; Title; Use and Administration.

333.2426 Real and personal property of village or township board or department of health; title; use and administration.
Sec. 2426.
The title to real and personal property of a village or township board or department of health, including cemetery and trust property, shall vest in the village or township and be held in its name as of the effective date of the repeal by this code of provisions authorizing the creation of boards or departments of health. The property shall be used and administered by the village or township, or appropriate agency thereof, as provided by law.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2428 - Local Health Officer; Appointment; Qualifications; Powers and Duties.

333.2428 Local health officer; appointment; qualifications; powers and duties.
Sec. 2428.
(1) A local health department shall have a full-time local health officer appointed by the local governing entity or in case of a district health department by the district board of health. The local health officer shall possess professional qualifications for administration of a local health department as prescribed by the department.
(2) The local health officer shall act as the administrative officer of the board of health and local health department and may take actions and make determinations necessary or appropriate to carry out the local health department's functions under this part or functions delegated under this part and to protect the public health and prevent disease.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2431 - Local Health Department; Requirements; Report; Reviewing Plan for Organization of Local Health Department; Waiver.

333.2431 Local health department; requirements; report; reviewing plan for organization of local health department; waiver.
Sec. 2431.
(1) A local health department shall:
(a) Have a plan of organization approved by the department.
(b) Demonstrate ability to provide required services.
(c) Demonstrate ability to defend and indemnify employees for civil liability sustained in the performance of official duties except for wanton and wilful misconduct.
(d) Meet the other requirements of this part.
(2) Each local health department shall report to the department at least annually on its activities, including information required by the department.
(3) In reviewing a plan for organization of a local health department, the department shall consider the fiscal capacity and public health effort of the applicant and shall encourage boundaries consistent with those of planning agencies established pursuant to federal law.
(4) The department may waive a requirement of this section during the option period specified in section 2422 based on acceptable plan development during the planning period described in section 2424 and thereafter based on acceptable progress toward implementation of the plan as determined by the department.
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1985, Act 18, Imd. Eff. May 16, 1985
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2433 - Local Health Department; Powers and Duties Generally.

333.2433 Local health department; powers and duties generally.
Sec. 2433.
(1) A local health department shall continually and diligently endeavor to prevent disease, prolong life, and promote the public health through organized programs, including prevention and control of environmental health hazards; prevention and control of diseases; prevention and control of health problems of particularly vulnerable population groups; development of health care facilities and health services delivery systems; and regulation of health care facilities and health services delivery systems to the extent provided by law.
(2) A local health department shall:
(a) Implement and enforce laws for which responsibility is vested in the local health department.
(b) Utilize vital and health statistics and provide for epidemiological and other research studies for the purpose of protecting the public health.
(c) Make investigations and inquiries as to:
(i) The causes of disease and especially of epidemics.
(ii) The causes of morbidity and mortality.
(iii) The causes, prevention, and control of environmental health hazards, nuisances, and sources of illness.
(d) Plan, implement, and evaluate health education through the provision of expert technical assistance, or financial support, or both.
(e) Provide or demonstrate the provision of required services as set forth in section 2473(2).
(f) Have powers necessary or appropriate to perform the duties and exercise the powers given by law to the local health officer and which are not otherwise prohibited by law.
(g) Plan, implement, and evaluate nutrition services by provision of expert technical assistance or financial support, or both.
(3) This section does not limit the powers or duties of a local health officer otherwise vested by law.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2435 - Local Health Department; Additional Powers.

333.2435 Local health department; additional powers.
Sec. 2435.
A local health department may:
(a) Engage in research programs and staff professional training programs.
(b) Advise other local agencies and persons as to the location, drainage, water supply, disposal of solid waste, heating, and ventilation of buildings.
(c) Enter into an agreement, contract, or arrangement with a governmental entity or other person necessary or appropriate to assist the local health department in carrying out its duties and functions unless otherwise prohibited by law.
(d) Adopt regulations to properly safeguard the public health and to prevent the spread of diseases and sources of contamination.
(e) Accept gifts, grants, bequests, and other donations for use in performing the local health department's functions. Funds or property accepted shall be used as directed by its donor and in accordance with the law, rules, and procedures of this state and the local governing entity.
(f) Sell and convey real estate owned by the local health department.
(g) Provide services not inconsistent with this code.
(h) Participate in the cost reimbursement program set forth in sections 2471 to 2498.
(i) Perform a delegated function unless otherwise prohibited by law.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2437 - Exercise by Department of Public Health of Power Vested in Local Health Department.

333.2437 Exercise by department of public health of power vested in local health department.
Sec. 2437.
The department, in addition to any other power vested in it by law, may exercise any power vested in a local health department in an area where the local health department does not meet the requirements of this part.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2441 - Adoption of Regulations; Purpose; Approval; Effective Date; Stringency; Conflicting Regulations.

333.2441 Adoption of regulations; purpose; approval; effective date; stringency; conflicting regulations.
Sec. 2441.
A local health department may adopt regulations necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department. The regulations shall be approved or disapproved by the local governing entity. The regulations shall become effective 45 days after approval by the local health department's governing entity or at a time specified by the local health department's governing entity. The regulations shall be at least as stringent as the standard established by state law applicable to the same or similar subject matter. Regulations of a local health department supersede inconsistent or conflicting local ordinances. .
History:
1978, Act 368, Eff. Sept. 30, 1978 ;-- Am. 1986, Act 76, Imd. Eff. Apr. 7, 1986 ;-- Am. 2010, Act 72, Imd. Eff. May 13, 2010
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2442 - Adoption of Regulation; Notice of Public Hearing.

333.2442 Adoption of regulation; notice of public hearing.
Sec. 2442.
Before adoption of a regulation the local health department shall give notice of a public hearing and offer any person an opportunity to present data, views, and arguments. The notice shall be given not less than 10 days before the public hearing and not less than 20 days before adoption of the regulation. The notice shall include the time and place of the public hearing and a statement of the terms or substance of the proposed regulation or a description of the subjects and issues involved and the proposed effective date of the regulation. The notice shall be published in a manner calculated to give notice to persons likely to be affected by the proposed regulation. Methods which may be employed, depending on the circumstances, include publication of the notice in a newspaper of general circulation in the jurisdiction, or when appropriate, in a trade, industry, governmental, or professional publication.
History:
1978, Act 368, Eff. Sept. 30, 1978
Popular Name:
Act 368
2023 Michigan Compiled Laws › Chapter 333 - Health › Act 368 of 1978 - Public Health Code (333.1101 - 333.25211) › Article 2 - Administration (333.2201...333.3625) › 368-1978-2-24 - Part 24 Local Health Departments (333.2401...333.2498) › Section 333.2443 - Violation of Regulation or Order; Misdemeanor; Penalty.

333.2443 Violation of regulation or order; misdemeanor; penalty.
Sec. 2443.
Except as otherwise provided in this act, a person who violates a regulation of a local health department or order of a local health officer under this act is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $200.00, or both.
History:
Add. 2010, Act 72, Imd. Eff. May 13, 2010
Popular Name:
Act 368