HomeMy WebLinkAboutRCW 70.05 Local Health Depts, Boards, Officers–Regulations (2022)Chapter 70.05 RCW
LOCAL HEALTH DEPARTMENTS, BOARDS, OFFICERS—REGULATIONS
Sections
70.05.010 Definitions.
70.05.030 Counties—Local board of health—Jurisdiction.
70.05.035 Home rule charter counties—Local board of health.
70.05.040 Local board of health—Chair—Administrative officer—
Vacancies.
70.05.045 Administrative officer—Responsibilities.
70.05.050 Local health officer—Qualifications—Employment of
personnel—Salary and expenses.
70.05.051 Local health officer—Qualifications.
70.05.053 Provisionally qualified local health officers—Appointment
—Term—Requirements.
70.05.054 Provisionally qualified local health officers—In-service
public health orientation program.
70.05.055 Provisionally qualified local health officers—Interview—
Evaluation as to qualification as local public health
officer.
70.05.060 Powers and duties of local board of health.
70.05.070 Local health officer—Powers and duties.
70.05.072 Local health officer—Authority to grant waiver from on-
site sewage system requirements.
70.05.074 On-site sewage system permits—Application—Limitation of
alternative sewage systems.
70.05.077 Department of health—Training—On-site sewage systems—
Application of the waiver authority—Topics—
Availability.
70.05.080 Local health officer—Failure to appoint—Procedure.
70.05.090 Physicians to report diseases.
70.05.100 Determination of character of disease.
70.05.110 Local health officials and physicians to report contagious
diseases.
70.05.120 Violations—Remedies—Penalties.
70.05.130 Expenses of state, health district, or county in enforcing
health laws and rules—Payment by county.
70.05.150 Contracts for sale or purchase of health services
authorized.
70.05.160 Moratorium on water, sewer hookups, or septic systems—
Public hearing—Limitation on length.
70.05.170 Child mortality review.
70.05.180 Infectious disease testing—Good samaritans—Rules.
70.05.190 On-site sewage program management plans—Authority of
certain boards of health.
70.05.200 On-site sewage system self-inspection.
70.05.210 Fatality review teams.
Health districts: Chapter 70.46 RCW.
State board of health: Chapter 43.20 RCW.
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RCW 70.05.010 Definitions. For the purposes of chapters 70.05
and 70.46 RCW and unless the context thereof clearly indicates to the
contrary:
(1) "Local health departments" means the county or district which
provides public health services to persons within the area.
(2) "Local health officer" means the legally qualified physician
who has been appointed as the health officer for the county or
district public health department.
(3) "Local board of health" means the county or district board of
health.
(4) "Health district" means all the territory consisting of one
or more counties organized pursuant to the provisions of chapters
70.05 and 70.46 RCW.
(5) "Department" means the department of health. [1993 c 492 §
234; 1967 ex.s. c 51 § 1.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
Severability—1967 ex.s. c 51: "If any provision of this act, or
its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1967 ex.s. c 51 § 24.]
RCW 70.05.030 Counties—Local board of health—Jurisdiction. (1)
Except as provided in subsection (2) of this section, for counties
without a home rule charter, the board of county commissioners and the
members selected under (a) and (e) of this subsection, shall
constitute the local board of health, unless the county is part of a
health district pursuant to chapter 70.46 RCW. The jurisdiction of the
local board of health shall be coextensive with the boundaries of the
county.
(a) The remaining board members must be persons who are not
elected officials and must be selected from the following categories
consistent with the requirements of this section and the rules adopted
by the state board of health under RCW 43.20.300:
(i) Public health, health care facilities, and providers. This
category consists of persons practicing or employed in the county who
are:
(A) Medical ethicists;
(B) Epidemiologists;
(C) Experienced in environmental public health, such as a
registered sanitarian;
(D) Community health workers;
(E) Holders of master's degrees or higher in public health or the
equivalent;
(F) Employees of a hospital located in the county; or
(G) Any of the following providers holding an active or retired
license in good standing under Title 18 RCW:
(I) Physicians or osteopathic physicians;
(II) Advanced registered nurse practitioners;
(III) Physician assistants or osteopathic physician assistants;
(IV) Registered nurses;
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(V) Dentists;
(VI) Naturopaths; or
(VII) Pharmacists;
(ii) Consumers of public health. This category consists of county
residents who have self-identified as having faced significant health
inequities or as having lived experiences with public health-related
programs such as: The special supplemental nutrition program for
women, infants, and children; the supplemental nutrition program; home
visiting; or treatment services. It is strongly encouraged that
individuals from historically marginalized and underrepresented
communities are given preference. These individuals may not be elected
officials and may not have any fiduciary obligation to a health
facility or other health agency, and may not have a material financial
interest in the rendering of health services; and
(iii) Other community stakeholders. This category consists of
persons representing the following types of organizations located in
the county:
(A) Community-based organizations or nonprofits that work with
populations experiencing health inequities in the county;
(B) Active, reserve, or retired armed services members;
(C) The business community; or
(D) The environmental public health regulated community.
(b) The board members selected under (a) of this subsection must
be approved by a majority vote of the board of county commissioners.
(c) If the number of board members selected under (a) of this
subsection is evenly divisible by three, there must be an equal number
of members selected from each of the three categories. If there are
one or two members over the nearest multiple of three, those members
may be selected from any of the three categories. However, if the
board of health demonstrates that it attempted to recruit members from
all three categories and was unable to do so, the board may select
members only from the other two categories.
(d) There may be no more than one member selected under (a) of
this subsection from one type of background or position.
(e) If a federally recognized Indian tribe holds reservation,
trust lands, or has usual and accustomed areas within the county, or
if a 501(c)(3) organization registered in Washington that serves
American Indian and Alaska Native people and provides services within
the county, the board of health must include a tribal representative
selected by the American Indian health commission.
(f) The board of county commissioners may, at its discretion,
adopt an ordinance expanding the size and composition of the board of
health to include elected officials from cities and towns and persons
other than elected officials as members so long as the city and county
elected officials do not constitute a majority of the total membership
of the board.
(g) Except as provided in (a) and (e) of this subsection, an
ordinance adopted under this section shall include provisions for the
appointment, term, and compensation, or reimbursement of expenses.
(h) The jurisdiction of the local board of health shall be
coextensive with the boundaries of the county.
(i) The local health officer, as described in RCW 70.05.050,
shall be appointed by the official designated under the provisions of
the county charter. The same official designated under the provisions
of the county charter may appoint an administrative officer, as
described in RCW 70.05.045.
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(j) The number of members selected under (a) and (e) of this
subsection must equal the number of city and county elected officials
on the board of health.
(k) At the first meeting of a district board of health the
members shall elect a chair to serve for a period of one year.
(l) Any decision by the board of health related to the setting or
modification of permit, licensing, and application fees may only be
determined by the city and county elected officials on the board.
(2) A local board of health comprised solely of elected officials
may retain this composition if the local health jurisdiction had a
public health advisory committee or board with its own bylaws
established on January 1, 2021. By January 1, 2022, the public health
advisory committee or board must meet the requirements established in
RCW 70.46.140 for community health advisory boards. Any future changes
to local board of health composition must meet the requirements of
subsection (1) of this section. [2021 c 205 § 3; 1995 c 43 § 6; 1993
c 492 § 235; 1967 ex.s. c 51 § 3.]
Effective date—2021 c 205 §§ 3-6: "Sections 3 through 6 of this
act take effect July 1, 2022." [2021 c 205 § 9.]
Finding—2021 c 205: See note following RCW 43.70.675.
Effective dates—Contingent effective dates—1995 c 43: "(1)
Sections 15 and 16 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take
effect June 30, 1995.
(2) Sections 1 through 5, 12, and 13 of this act are necessary
for the immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions, and shall take effect July 1, 1995.
(3) Section 9 of this act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and shall take
effect immediately [April 17, 1995].
(4) *Sections 6 through 8, 10, and 11 of this act take effect
January 1, 1996, if funding of at least two million two hundred fifty
thousand dollars, is provided by June 30, 1995, in the 1995 omnibus
appropriations act or as a result of the passage of Senate Bill No.
6058, to implement the changes in public health governance as outlined
in this act. If such funding is not provided, sections 6 through 8,
10, and 11 of this act shall take effect January 1, 1998." [1995 c 43
§ 17.]
*Reviser's note: The 1995 omnibus appropriations act, chapter 18,
Laws of 1995 2nd sp. sess. provided two million two hundred fifty
thousand dollars.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
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RCW 70.05.035 Home rule charter counties—Local board of health.
(1) Except as provided in subsection (2) of this section, for home
rule charter counties, the county legislative authority shall
establish a local board of health and may prescribe the membership and
selection process for the board. The membership of the local board of
health must also include the members selected under (a) and (e) of
this subsection.
(a) The remaining board members must be persons who are not
elected officials and must be selected from the following categories
consistent with the requirements of this section and the rules adopted
by the state board of health under RCW 43.20.300:
(i) Public health, health care facilities, and providers. This
category consists of persons practicing or employed in the county who
are:
(A) Medical ethicists;
(B) Epidemiologists;
(C) Experienced in environmental public health, such as a
registered sanitarian;
(D) Community health workers;
(E) Holders of master's degrees or higher in public health or the
equivalent;
(F) Employees of a hospital located in the county; or
(G) Any of the following providers holding an active or retired
license in good standing under Title 18 RCW:
(I) Physicians or osteopathic physicians;
(II) Advanced registered nurse practitioners;
(III) Physician assistants or osteopathic physician assistants;
(IV) Registered nurses;
(V) Dentists;
(VI) Naturopaths; or
(VII) Pharmacists;
(ii) Consumers of public health. This category consists of county
residents who have self-identified as having faced significant health
inequities or as having lived experiences with public health-related
programs such as: The special supplemental nutrition program for
women, infants, and children; the supplemental nutrition program; home
visiting; or treatment services. It is strongly encouraged that
individuals from historically marginalized and underrepresented
communities are given preference. These individuals may not be elected
officials and may not have any fiduciary obligation to a health
facility or other health agency, and may not have a material financial
interest in the rendering of health services; and
(iii) Other community stakeholders. This category consists of
persons representing the following types of organizations located in
the county:
(A) Community-based organizations or nonprofits that work with
populations experiencing health inequities in the county;
(B) Active, reserve, or retired armed services members;
(C) The business community; or
(D) The environmental public health regulated community.
(b) The board members selected under (a) of this subsection must
be approved by a majority vote of the board of county commissioners.
(c) If the number of board members selected under (a) of this
subsection is evenly divisible by three, there must be an equal number
of members selected from each of the three categories. If there are
one or two members over the nearest multiple of three, those members
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may be selected from any of the three categories. However, if the
board of health demonstrates that it attempted to recruit members from
all three categories and was unable to do so, the board may select
members only from the other two categories.
(d) There may be no more than one member selected under (a) of
this subsection from one type of background or position.
(e) If a federally recognized Indian tribe holds reservation,
trust lands, or has usual and accustomed areas within the county, or
if a 501(c)(3) organization registered in Washington that serves
American Indian and Alaska Native people and provides services within
the county, the board of health must include a tribal representative
selected by the American Indian health commission.
(f) The county legislative authority may appoint to the board of
health elected officials from cities and towns and persons other than
elected officials as members so long as the city and county elected
officials do not constitute a majority of the total membership of the
board.
(g) Except as provided in (a) and (e) of this subsection, the
county legislative authority shall specify the appointment, term, and
compensation or reimbursement of expenses.
(h) The jurisdiction of the local board of health shall be
coextensive with the boundaries of the county.
(i) The local health officer, as described in RCW 70.05.050,
shall be appointed by the official designated under the provisions of
the county charter. The same official designated under the provisions
of the county charter may appoint an administrative officer, as
described in RCW 70.05.045.
(j) The number of members selected under (a) and (e) of this
subsection must equal the number of city and county elected officials
on the board of health.
(k) At the first meeting of a district board of health the
members shall elect a chair to serve for a period of one year.
(l) Any decision by the board of health related to the setting or
modification of permit, licensing, and application fees may only be
determined by the city and county elected officials on the board.
(2) A local board of health comprised solely of elected officials
may retain this composition if the local health jurisdiction had a
public health advisory committee or board with its own bylaws
established on January 1, 2021. By January 1, 2022, the public health
advisory committee or board must meet the requirements established in
RCW 70.46.140 for community health advisory boards. Any future changes
to local board of health composition must meet the requirements of
subsection (1) of this section. [2021 c 205 § 4; 1995 c 43 § 7; 1993
c 492 § 237.]
Effective date—2021 c 205 §§ 3-6: See note following RCW
70.05.030.
Finding—2021 c 205: See note following RCW 43.70.675.
Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
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Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.040 Local board of health—Chair—Administrative
officer—Vacancies. The local board of health shall elect a chair and
may appoint an administrative officer. A local health officer shall be
appointed pursuant to RCW 70.05.050. Vacancies on the local board of
health shall be filled by appointment within thirty days and made in
the same manner as was the original appointment. At the first meeting
of the local board of health, the members shall elect a chair to serve
for a period of one year. [1993 c 492 § 236; 1984 c 25 § 1; 1983 1st
ex.s. c 39 § 1; 1967 ex.s. c 51 § 4.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.045 Administrative officer—Responsibilities. The
administrative officer shall act as executive secretary and
administrative officer for the local board of health, and shall be
responsible for administering the operations of the board including
such other administrative duties required by the local health board,
except for duties assigned to the health officer as enumerated in RCW
70.05.070 and other applicable state law. [1984 c 25 § 2.]
RCW 70.05.050 Local health officer—Qualifications—Employment of
personnel—Salary and expenses. The local health officer shall be an
experienced physician licensed to practice medicine and surgery or
osteopathic medicine and surgery in this state and who is qualified or
provisionally qualified in accordance with the standards prescribed in
RCW 70.05.051 through 70.05.055 to hold the office of local health
officer. No term of office shall be established for the local health
officer but the local health officer shall not be removed until after
notice is given, and an opportunity for a hearing before the board or
official responsible for his or her appointment under this section as
to the reason for his or her removal. The local health officer shall
act as executive secretary to, and administrative officer for the
local board of health and shall also be empowered to employ such
technical and other personnel as approved by the local board of health
except where the local board of health has appointed an administrative
officer under RCW 70.05.040. The local health officer shall be paid
such salary and allowed such expenses as shall be determined by the
local board of health. In home rule counties that are part of a health
district under this chapter and chapter 70.46 RCW the local health
officer and administrative officer shall be appointed by the local
board of health. [1996 c 178 § 19; 1995 c 43 § 8; 1993 c 492 § 238;
1984 c 25 § 5; 1983 1st ex.s. c 39 § 2; 1969 ex.s. c 114 § 1; 1967
ex.s. c 51 § 9.]
Effective date—1996 c 178: See note following RCW 18.35.110.
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Effective dates—Contingent effective dates—1995 c 43: See note
following RCW 70.05.030.
Severability—1995 c 43: See note following RCW 43.70.570.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.051 Local health officer—Qualifications. The
following persons holding licenses as required by RCW 70.05.050 shall
be deemed qualified to hold the position of local health officer:
(1) Persons holding the degree of master of public health or its
equivalent;
(2) Persons not meeting the requirements of subsection (1) of
this section, who upon August 11, 1969 are currently employed in this
state as a local health officer and whom the secretary of social and
health services recommends in writing to the local board of health as
qualified; and
(3) Persons qualified by virtue of completing three years of
service as a provisionally qualified officer pursuant to RCW 70.05.053
through 70.05.055. [1979 c 141 § 75; 1969 ex.s. c 114 § 2.]
RCW 70.05.053 Provisionally qualified local health officers—
Appointment—Term—Requirements. A person holding a license required
by RCW 70.05.050 but not meeting any of the requirements for
qualification prescribed by RCW 70.05.051 may be appointed by the
board or official responsible for appointing the local health officer
under RCW 70.05.050 as a provisionally qualified local health officer
for a maximum period of three years upon the following conditions and
in accordance with the following procedures:
(1) He or she shall participate in an in-service orientation to
the field of public health as provided in RCW 70.05.054, and
(2) He or she shall satisfy the secretary of health pursuant to
the periodic interviews prescribed by RCW 70.05.055 that he or she has
successfully completed such in-service orientation and is conducting
such program of good health practices as may be required by the
jurisdictional area concerned. [1991 c 3 § 305; 1983 1st ex.s. c 39 §
3; 1979 c 141 § 76; 1969 ex.s. c 114 § 3.]
RCW 70.05.054 Provisionally qualified local health officers—In-
service public health orientation program. The secretary of health
shall provide an in-service public health orientation program for the
benefit of provisionally qualified local health officers.
Such program shall consist of—
(1) A three months course in public health training conducted by
the secretary either in the state department of health, in a county
and/or city health department, in a local health district, or in an
institution of higher education; or
(2) An on-the-job, self-training program pursuant to a
standardized syllabus setting forth the major duties of a local health
officer including the techniques and practices of public health
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principles expected of qualified local health officers: PROVIDED, That
each provisionally qualified local health officer may choose which
type of training he or she shall pursue. [1991 c 3 § 306; 1979 c 141
§ 77; 1969 ex.s. c 114 § 4.]
RCW 70.05.055 Provisionally qualified local health officers—
Interview—Evaluation as to qualification as local public health
officer. Each year, on a date which shall be as near as possible to
the anniversary date of appointment as provisional local health
officer, the secretary of health or his or her designee shall
personally visit such provisional officer's office for a personal
review and discussion of the activity, plans, and study being carried
on relative to the provisional officer's jurisdictional area:
PROVIDED, That the third such interview shall occur three months prior
to the end of the three year provisional term. A standardized
checklist shall be used for all such interviews, but such checklist
shall not constitute a grading sheet or evaluation form for use in the
ultimate decision of qualification of the provisional appointee as a
public health officer.
Copies of the results of each interview shall be supplied to the
provisional officer within two weeks following each such interview.
Following the third such interview, the secretary shall evaluate
the provisional local health officer's in-service performance and
shall notify such officer by certified mail of his or her decision
whether or not to qualify such officer as a local public health
officer. Such notice shall be mailed at least sixty days prior to the
third anniversary date of provisional appointment. Failure to so mail
such notice shall constitute a decision that such provisional officer
is qualified. [1991 c 3 § 307; 1979 c 141 § 78; 1969 ex.s. c 114 §
5.]
RCW 70.05.060 Powers and duties of local board of health. Each
local board of health shall have supervision over all matters
pertaining to the preservation of the life and health of the people
within its jurisdiction and shall:
(1) Enforce through the local health officer or the
administrative officer appointed under RCW 70.05.040, if any, the
public health statutes of the state and rules promulgated by the state
board of health and the secretary of health;
(2) Supervise the maintenance of all health and sanitary measures
for the protection of the public health within its jurisdiction;
(3) Enact such local rules and regulations as are necessary in
order to preserve, promote and improve the public health and provide
for the enforcement thereof;
(4) Provide for the control and prevention of any dangerous,
contagious or infectious disease within the jurisdiction of the local
health department;
(5) Provide for the prevention, control and abatement of
nuisances detrimental to the public health;
(6) Make such reports to the state board of health through the
local health officer or the administrative officer as the state board
of health may require; and
(7) Establish fee schedules for issuing or renewing licenses or
permits or for such other services as are authorized by the law and
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the rules of the state board of health: PROVIDED, That such fees for
services shall not exceed the actual cost of providing any such
services. [1991 c 3 § 308; 1984 c 25 § 6; 1979 c 141 § 79; 1967 ex.s.
c 51 § 10.]
RCW 70.05.070 Local health officer—Powers and duties. The
local health officer, acting under the direction of the local board of
health or under direction of the administrative officer appointed
under RCW 70.05.040 or 70.05.035, if any, shall:
(1) Enforce the public health statutes of the state, rules of the
state board of health and the secretary of health, and all local
health rules, regulations and ordinances within his or her
jurisdiction including imposition of penalties authorized under RCW
70A.125.030 and 70A.105.120, the confidentiality provisions in RCW
70.02.220 and rules adopted to implement those provisions, and filing
of actions authorized by RCW 43.70.190;
(2) Take such action as is necessary to maintain health and
sanitation supervision over the territory within his or her
jurisdiction;
(3) Control and prevent the spread of any dangerous, contagious
or infectious diseases that may occur within his or her jurisdiction;
(4) Inform the public as to the causes, nature, and prevention of
disease and disability and the preservation, promotion and improvement
of health within his or her jurisdiction;
(5) Prevent, control or abate nuisances which are detrimental to
the public health;
(6) Attend all conferences called by the secretary of health or
his or her authorized representative;
(7) Collect such fees as are established by the state board of
health or the local board of health for the issuance or renewal of
licenses or permits or such other fees as may be authorized by law or
by the rules of the state board of health;
(8) Inspect, as necessary, expansion or modification of existing
public water systems, and the construction of new public water
systems, to assure that the expansion, modification, or construction
conforms to system design and plans;
(9) Take such measures as he or she deems necessary in order to
promote the public health, to participate in the establishment of
health educational or training activities, and to authorize the
attendance of employees of the local health department or individuals
engaged in community health programs related to or part of the
programs of the local health department. [2020 c 20 § 1066; 2013 c
200 § 26; 2007 c 343 § 10; 1999 c 391 § 5; 1993 c 492 § 239; 1991 c 3
§ 309; 1990 c 133 § 10; 1984 c 25 § 7; 1979 c 141 § 80; 1967 ex.s. c
51 § 12.]
Effective date—2013 c 200: See note following RCW 70.02.010.
Findings—Purpose—1999 c 391: See note following RCW 70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
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Findings—Severability—1990 c 133: See notes following RCW
36.94.140.
RCW 70.05.072 Local health officer—Authority to grant waiver
from on-site sewage system requirements. The local health officer may
grant a waiver from specific requirements adopted by the state board
of health for on-site sewage systems if:
(1) The on-site sewage system for which a waiver is requested is
for sewage flows under three thousand five hundred gallons per day;
(2) The waiver request is evaluated by the local health officer
on an individual, site-by-site basis;
(3) The local health officer determines that the waiver is
consistent with the standards in, and the intent of, the state board
of health rules; and
(4) The local health officer submits quarterly reports to the
department regarding any waivers approved or denied.
Based on review of the quarterly reports, if the department finds
that the waivers previously granted have not been consistent with the
standards in, and intent of, the state board of health rules, the
department shall provide technical assistance to the local health
officer to correct the inconsistency, and may notify the local and
state boards of health of the department's concerns.
If upon further review of the quarterly reports, the department
finds that the inconsistency between the waivers granted and the state
board of health standards has not been corrected, the department may
suspend the authority of the local health officer to grant waivers
under this section until such inconsistencies have been corrected.
[1995 c 263 § 1.]
RCW 70.05.074 On-site sewage system permits—Application—
Limitation of alternative sewage systems. (1) The local health
officer must respond to the applicant for an on-site sewage system
permit within thirty days after receiving a fully completed
application. The local health officer must respond that the
application is either approved, denied, or pending.
(2) If the local health officer denies an application to install
an on-site sewage system, the denial must be for cause and based upon
public health and environmental protection concerns, including
concerns regarding the ability to operate and maintain the system, or
conflicts with other existing laws, regulations, or ordinances. The
local health officer must provide the applicant with a written
justification for the denial, along with an explanation of the
procedure for appeal.
(3) If the local health officer identifies the application as
pending and subject to review beyond thirty days, the local health
officer must provide the applicant with a written justification that
the site-specific conditions or circumstances necessitate a longer
time period for a decision on the application. The local health
officer must include any specific information necessary to make a
decision and the estimated time required for a decision to be made.
(4) A local health officer may not limit the number of
alternative sewage systems within his or her jurisdiction without
cause. Any such limitation must be based upon public health and
environmental protection concerns, including concerns regarding the
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ability to operate and maintain the system, or conflicts with other
existing laws, regulations, or ordinances. If such a limitation is
established, the local health officer must justify the limitation in
writing, with specific reasons, and must provide an explanation of the
procedure for appealing the limitation. [1997 c 447 § 2.]
Finding—Purpose—1997 c 447: "The legislature finds that
improperly designed, installed, or maintained on-site sewage disposal
systems are a major contributor to water pollution in this state. The
legislature also recognizes that evolving technology has produced many
viable alternatives to traditional on-site septic systems. It is the
purpose of this act to help facilitate the siting of new alternative
on-site septic systems and to assist local governments in promoting
efficient operation of on-site septic *these systems." [1997 c 447 §
1.]
*Reviser's note: Due to a drafting error, the word "these" was
not removed when this sentence was rewritten.
Construction—1997 c 447 §§ 2-4: "Nothing in sections 2 through 4
of this act may be deemed to eliminate any requirements for approval
from public health agencies under applicable law in connection with
the siting, design, construction, and repair of on-site septic
systems." [1997 c 447 § 6.]
RCW 70.05.077 Department of health—Training—On-site sewage
systems—Application of the waiver authority—Topics—Availability.
(1) The department of health, in consultation and cooperation with
local environmental health officers, shall develop a one-day course to
train local environmental health officers, health officers, and
environmental health specialists and technicians to address the
application of the waiver authority granted under RCW 70.05.072 as
well as other existing statutory or regulatory flexibility for siting
on-site sewage systems.
(2) The training course shall include the following topics:
(a) The statutory authority to grant waivers from the state on-
site sewage system rules;
(b) The regulatory framework for the application of on-site
sewage treatment and disposal technologies, with an emphasis on the
differences between rules, standards, and guidance. The course shall
include instruction on interpreting the intent of a rule rather than
the strict reading of the language of a rule, and also discuss the
liability assumed by a unit of local government when local rules,
policies, or practices deviate from the state administrative code;
(c) The application of site evaluation and assessment methods to
match the particular site and development plans with the on-site
sewage treatment and disposal technology suitable to protect public
health to at least the level provided by state rule; and
(d) Instruction in the concept and application of mitigation
waivers.
(3) The training course shall be made available to all local
health departments and districts in various locations in the state
without fee. Updated guidance documents and materials shall be
provided to all participants, including examples of the types of
waivers and processes that other jurisdictions in the region have
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granted and used. The first training conducted under this section
shall take place by June 30, 1999. [1998 c 34 § 3.]
Intent—1998 c 34: "(1) The 1997 legislature directed the
department of health to convene a work group for the purpose of making
recommendations to the legislature for the development of a
certification program for occupations related to on-site septic
systems, including those who pump, install, design, perform
maintenance, inspect, or regulate on-site septic systems. The work
group was convened and studied issues relating to certification of
people employed in these occupations, bonding levels, and other
standards related to these occupations. In addition, the work group
examined the application of a risk analysis pertaining to the
installation and maintenance of different types of septic systems in
different parts of the state. A written report containing the work
group's findings and recommendations was submitted to the legislature
as directed.
(2) The legislature recognizes that the recommendations of the
work group must be phased-in over a time period in order to develop
the necessary scope of work requirements, knowledge requirements,
public protection requirements, and other criteria for the upgrading
of these occupations. It is the intent of the legislature to start
implementing the work group's recommendations by focusing first on the
occupations that are considered to be the highest priority, and to
address the other occupational recommendations in subsequent
sessions." [1998 c 34 § 1.]
RCW 70.05.080 Local health officer—Failure to appoint—
Procedure. If the local board of health or other official responsible
for appointing a local health officer under RCW 70.05.050 refuses or
neglects to appoint a local health officer after a vacancy exists, the
secretary of health may appoint a local health officer and fix the
compensation. The local health officer so appointed shall have the
same duties, powers and authority as though appointed under RCW
70.05.050. Such local health officer shall serve until a qualified
individual is appointed according to the procedures set forth in RCW
70.05.050. The board or official responsible for appointing the local
health officer under RCW 70.05.050 shall also be authorized to appoint
an acting health officer to serve whenever the health officer is
absent or incapacitated and unable to fulfill his or her
responsibilities under the provisions of chapters 70.05 and 70.46 RCW.
[1993 c 492 § 240; 1991 c 3 § 310; 1983 1st ex.s. c 39 § 4; 1979 c 141
§ 81; 1967 ex.s. c 51 § 13.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.090 Physicians to report diseases. Whenever any
physician shall attend any person sick with any dangerous contagious
or infectious disease, or with any diseases required by the state
board of health to be reported, he or she shall, within twenty-four
hours, give notice thereof to the local health officer within whose
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jurisdiction such sick person may then be or to the state department
of health in Olympia. [1991 c 3 § 311; 1979 c 141 § 82; 1967 ex.s. c
51 § 14.]
RCW 70.05.100 Determination of character of disease. In case of
the question arising as to whether or not any person is affected or is
sick with a dangerous, contagious or infectious disease, the opinion
of the local health officer shall prevail until the state department
of health can be notified, and then the opinion of the executive
officer of the state department of health, or any physician he or she
may appoint to examine such case, shall be final. [1991 c 3 § 312;
1979 c 141 § 83; 1967 ex.s. c 51 § 15.]
RCW 70.05.110 Local health officials and physicians to report
contagious diseases. It shall be the duty of the local board of
health, health authorities or officials, and of physicians in
localities where there are no local health authorities or officials,
to report to the state board of health, promptly upon discovery
thereof, the existence of any one of the following diseases which may
come under their observation, to wit: Asiatic cholera, yellow fever,
smallpox, scarlet fever, diphtheria, typhus, typhoid fever, bubonic
plague or leprosy, and of such other contagious or infectious diseases
as the state board may from time to time specify. [1967 ex.s. c 51 §
16.]
RCW 70.05.120 Violations—Remedies—Penalties. (1) Any local
health officer or administrative officer appointed under RCW
70.05.040, if any, who shall refuse or neglect to obey or enforce the
provisions of chapters 70.05, 70.24, and 70.46 RCW or the rules,
regulations or orders of the state board of health or who shall refuse
or neglect to make prompt and accurate reports to the state board of
health, may be removed as local health officer or administrative
officer by the state board of health and shall not again be
reappointed except with the consent of the state board of health. Any
person may complain to the state board of health concerning the
failure of the local health officer or administrative officer to carry
out the laws or the rules and regulations concerning public health,
and the state board of health shall, if a preliminary investigation so
warrants, call a hearing to determine whether the local health officer
or administrative officer is guilty of the alleged acts. Such hearings
shall be held pursuant to the provisions of chapter 34.05 RCW, and the
rules and regulations of the state board of health adopted thereunder.
(2) Any member of a local board of health who shall violate any
of the provisions of chapters 70.05, 70.24, and 70.46 RCW or refuse or
neglect to obey or enforce any of the rules, regulations or orders of
the state board of health made for the prevention, suppression or
control of any dangerous contagious or infectious disease or for the
protection of the health of the people of this state, is guilty of a
misdemeanor, and upon conviction shall be fined not less than ten
dollars nor more than two hundred dollars.
(3) Any physician who shall refuse or neglect to report to the
proper health officer or administrative officer within twelve hours
after first attending any case of contagious or infectious disease or
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any diseases required by the state board of health to be reported or
any case suspicious of being one of such diseases, is guilty of a
misdemeanor, and upon conviction shall be fined not less than ten
dollars nor more than two hundred dollars for each case that is not
reported.
(4) Any person violating any of the provisions of chapters 70.05,
70.24, and 70.46 RCW or violating or refusing or neglecting to obey
any of the rules, regulations or orders made for the prevention,
suppression and control of dangerous contagious and infectious
diseases by the local board of health or local health officer or
administrative officer or state board of health, or who shall leave
any isolation hospital or quarantined house or place without the
consent of the proper health officer or who evades or breaks
quarantine or conceals a case of contagious or infectious disease or
assists in evading or breaking any quarantine or concealing any case
of contagious or infectious disease, is guilty of a misdemeanor, and
upon conviction thereof shall be subject to a fine of not less than
twenty-five dollars nor more than one hundred dollars or to
imprisonment in the county jail not to exceed ninety days or to both
fine and imprisonment. [2003 c 53 § 350; 1999 c 391 § 6; 1993 c 492 §
241; 1984 c 25 § 8; 1967 ex.s. c 51 § 17.]
Intent—Effective date—2003 c 53: See notes following RCW
2.48.180.
Findings—Purpose—1999 c 391: See note following RCW 70.05.180.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.130 Expenses of state, health district, or county in
enforcing health laws and rules—Payment by county. All expenses
incurred by the state, health district, or county in carrying out the
provisions of chapters 70.05 and 70.46 RCW or any other public health
law, or the rules of the department of health enacted under such laws,
shall be paid by the county and such expenses shall constitute a claim
against the general fund as provided in this section. [1993 c 492 §
242; 1991 c 3 § 313; 1979 c 141 § 84; 1967 ex.s. c 51 § 18.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.150 Contracts for sale or purchase of health services
authorized. In addition to powers already granted them, any county,
district, or local health department may contract for either the sale
or purchase of any or all health services from any local health
department. [2011 c 27 § 4; 1993 c 492 § 243; 1967 ex.s. c 51 § 22.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
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Short title—Savings—Reservation of legislative power—Effective
dates—1993 c 492: See RCW 43.72.910 through 43.72.915.
RCW 70.05.160 Moratorium on water, sewer hookups, or septic
systems—Public hearing—Limitation on length. A local board of health
that adopts a moratorium affecting water hookups, sewer hookups, or
septic systems without holding a public hearing on the proposed
moratorium, shall hold a public hearing on the adopted moratorium
within at least sixty days of its adoption. If the board does not
adopt findings of fact justifying its action before this hearing, then
the board shall do so immediately after this public hearing. A
moratorium adopted under this section may be effective for not longer
than six months, but may be effective for up to one year if a work
plan is developed for related studies providing for such a longer
period. A moratorium may be renewed for one or more six-month periods
if a subsequent public hearing is held and findings of fact are made
prior to each renewal. [1992 c 207 § 7.]
RCW 70.05.170 Child mortality review. (1)(a) The legislature
finds that the mortality rate in Washington state among infants and
children less than eighteen years of age is unacceptably high, and
that such mortality may be preventable. The legislature further finds
that, through the performance of child mortality reviews, preventable
causes of child mortality can be identified and addressed, thereby
reducing the infant and child mortality in Washington state.
(b) It is the intent of the legislature to encourage the
performance of child death reviews by local health departments by
providing necessary legal protections to the families of children
whose deaths are studied, local health department officials and
employees, and health care professionals participating in child
mortality review committee activities.
(2) As used in this section, "child mortality review" means a
process authorized by a local health department as such department is
defined in RCW 70.05.010 for examining factors that contribute to
deaths of children less than eighteen years of age. The process may
include a systematic review of medical, clinical, and hospital
records; home interviews of parents and caretakers of children who
have died; analysis of individual case information; and review of this
information by a team of professionals in order to identify modifiable
medical, socioeconomic, public health, behavioral, administrative,
educational, and environmental factors associated with each death.
(3) Local health departments are authorized to conduct child
mortality reviews. In conducting such reviews, the following
provisions shall apply:
(a) All health care information collected as part of a child
mortality review is confidential, subject to the restrictions on
disclosure provided for in chapter 70.02 RCW. When documents are
collected as part of a child mortality review, the records may be used
solely by local health departments for the purposes of the review.
(b) No identifying information related to the deceased child, the
child's guardians, or anyone interviewed as part of the child
mortality review may be disclosed. Any such information shall be
redacted from any records produced as part of the review.
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(c) Any witness statements or documents collected from witnesses,
or summaries or analyses of those statements or records prepared
exclusively for purposes of a child mortality review, are not subject
to public disclosure, discovery, subpoena, or introduction into
evidence in any administrative, civil, or criminal proceeding related
to the death of a child reviewed. This provision does not restrict or
limit the discovery or subpoena from a health care provider of records
or documents maintained by such health care provider in the ordinary
course of business, whether or not such records or documents may have
been supplied to a local health department pursuant to this section.
This provision shall not restrict or limit the discovery or subpoena
of documents from such witnesses simply because a copy of a document
was collected as part of a child mortality review.
(d) No local health department official or employee, and no
members of technical committees established to perform case reviews of
selected child deaths may be examined in any administrative, civil, or
criminal proceeding as to the existence or contents of documents
assembled, prepared, or maintained for purposes of a child mortality
review.
(e) This section shall not be construed to prohibit or restrict
any person from reporting suspected child abuse or neglect under
chapter 26.44 RCW nor to limit access to or use of any records,
documents, information, or testimony in any civil or criminal action
arising out of any report made pursuant to chapter 26.44 RCW.
(4) The department shall assist local health departments to
collect the reports of any child mortality reviews conducted by local
health departments and assist with entering the reports into a
database to the extent that the data is not protected under subsection
(3) of this section. Notwithstanding subsection (3) of this section,
the department shall respond to any requests for data from the
database to the extent permitted for health care information under
chapter 70.02 RCW. In addition, the department shall provide technical
assistance to local health departments and child death review
coordinators conducting child mortality reviews and encourage
communication among child death review teams. The department shall
conduct these activities using only federal and private funding.
(5) This section does not prevent a local health department from
publishing statistical compilations and reports related to the child
mortality review. Any portions of such compilations and reports that
identify individual cases and sources of information must be redacted.
[2010 c 128 § 1; 2009 c 134 § 1; 1993 c 41 § 1; 1992 c 179 § 1.]
RCW 70.05.180 Infectious disease testing—Good samaritans—Rules.
A person rendering emergency care or transportation, commonly known as
a "Good Samaritan," as described in RCW 4.24.300 and 4.24.310, may
request and receive appropriate infectious disease testing free of
charge from the local health department of the county of her or his
residence, if: (1) While rendering emergency care she or he came into
contact with bodily fluids; and (2) she or he does not have health
insurance that covers the testing. Nothing in this section requires a
local health department to provide health care services beyond
testing. The department shall adopt rules implementing this section.
The information obtained from infectious disease testing is
subject to statutory confidentiality provisions, including those of
chapters 70.24 and 70.05 RCW. [1999 c 391 § 2.]
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Findings—Purpose—1999 c 391: "The legislature finds that
citizens who assist individuals in emergency situations perform a
needed and valuable role that deserves recognition and support. The
legislature further finds that emergency assistance in the form of
mouth to mouth resuscitation or other emergency medical procedures
resulting in the exchange of bodily fluids significantly increases the
odds of being exposed to a deadly infectious disease. Some of the more
life-threatening diseases that can be transferred during an emergency
procedure where bodily fluids are exchanged include hepatitis A, B,
and C, and human immunodeficiency virus (HIV). Individuals infected by
these diseases value confidentiality regarding this information. A
number of good samaritans who perform lifesaving emergency procedures
such as cardiopulmonary resuscitation are unable to pay for the tests
necessary for detecting infectious diseases that could have been
transmitted during the emergency procedure. It is the purpose of this
act to provide infectious disease testing at no cost to good
samaritans who request testing for infectious diseases after rendering
emergency assistance that has brought them into contact with a bodily
fluid and to further protect the testing information once obtained
through confidentiality provisions." [1999 c 391 § 1.]
Effective date—1999 c 391 §§ 1 and 2: "Sections 1 and 2 of this
act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [May 18, 1999]."
[1999 c 391 § 7.]
RCW 70.05.190 On-site sewage program management plans—Authority
of certain boards of health. (1) A local board of health in the
twelve counties bordering Puget Sound implementing an on-site sewage
program management plan may:
(a) Impose and collect reasonable rates or charges in an amount
sufficient to pay for the actual costs of administration and operation
of the on-site sewage program management plan; and
(b) Contract with the county treasurer to collect the rates or
charges imposed under this section in accordance with RCW 84.56.035.
(2) In executing the provisions in subsection (1) of this
section, a local board of health does not have the authority to impose
a lien on real property for failure to pay rates and charges imposed
by this section.
(3) Nothing in this section provides a local board of health with
the ability to impose and collect rates and charges related to the
implementation of an on-site sewage program management plan beyond
those powers currently designated under RCW 70.05.060(7). [2012 c 175
§ 1.]
RCW 70.05.200 On-site sewage system self-inspection. Nothing in
this chapter prohibits a county from relying on self-inspection of on-
site sewage systems consistent with RCW 36.70A.690 or eliminates the
requirement that counties protect water quality consistent with RCW
36.70A.070 (1) and (5). [2017 c 105 § 3.]
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RCW 70.05.210 Fatality review teams. (1) The legislature finds
that the mortality rate in Washington state due to overdose,
withdrawal related to substance abuse such as opiates,
benzodiazepines, and alcohol, and suicide is unacceptably high and
that such mortality may be preventable. The legislature further finds
that, through the performance of overdose, withdrawal, and suicide
fatality reviews, preventable causes of mortality can be identified
and addressed, thereby reducing the number of overdose, withdrawal,
and suicide fatalities in Washington state.
(2)(a) A local health department may establish multidisciplinary
overdose, withdrawal, and suicide fatality review teams to review
overdose, withdrawal, and suicide deaths and to develop strategies for
the prevention of overdose, withdrawal, and suicide fatalities.
(b) The department shall assist local health departments to
collect the reports of any overdose, withdrawal, and suicide fatality
reviews conducted by local health departments and assist with entering
the reports into a database to the extent that the data is not
protected under subsection (3) of this section. Notwithstanding
subsection (3) of this section, the department shall respond to any
requests for data from the database to the extent permitted for health
care information under chapters 70.02 and 70.225 RCW. In addition, the
department shall provide technical assistance to local health
departments and overdose, withdrawal, and suicide fatality review
teams conducting overdose, withdrawal, and suicide fatality reviews
and encourage communication among overdose, withdrawal, and suicide
fatality review teams.
(c) All overdose, withdrawal, or suicide fatality reviews
undertaken under this section shall be shared with the department,
subject to the same confidentiality restrictions described in this
section.
(3)(a) All health care information collected as part of an
overdose, withdrawal, and suicide fatality review is confidential,
subject to the restrictions on disclosure provided for in chapter
70.02 RCW. When documents are collected as part of an overdose,
withdrawal, and suicide fatality review, the records may be used
solely by local health departments for the purposes of the review.
(b) Information, documents, proceedings, records, and opinions
created, collected, or maintained by the overdose, withdrawal, and
suicide fatality review team or the local health department in support
of the review team are confidential and are not subject to public
inspection or copying under chapter 42.56 RCW and are not subject to
discovery or introduction into evidence in any civil or criminal
action.
(c) Any person who was in attendance at a meeting of the review
team or who participated in the creation, collection, or maintenance
of the review team's information, documents, proceedings, records, or
opinions may not be permitted or required to testify in any civil or
criminal action as to the content of such proceedings, or the review
team's information, documents, records, or opinions. This subsection
does not prevent a member of the review team from testifying in a
civil or criminal action concerning facts which form the basis for the
overdose, withdrawal, and suicide fatality review team's proceedings
of which the review team member had personal knowledge acquired
independently of the overdose, withdrawal, and suicide fatality review
team or which is public information.
(d) Any person who, in substantial good faith, participates as a
member of the review team or provides information to further the
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purposes of the review team may not be subject to an action for civil
damages or other relief as a result of the activity or its
consequences.
(e) All meetings, proceedings, and deliberations of the overdose,
withdrawal, and suicide fatality review team must be confidential and
may be conducted in executive session.
(4) This section does not prevent a local health department from
publishing statistical compilations and reports related to the
overdose, withdrawal, and suicide fatality review. Any portions of
such compilations and reports that identify individual cases and
sources of information must be redacted.
(5) To aid in an overdose, withdrawal, and suicide fatality
review, the local health department has the authority to:
(a) Request and receive data for specific overdose, withdrawal,
and suicide fatalities including, but not limited to, all medical
records related to the overdose, withdrawal, and suicide, autopsy
reports, medical examiner reports, coroner reports, schools, criminal
justice, law enforcement, and social services records; and
(b) Request and receive data as described in (a) of this
subsection from health care providers, health care facilities,
clinics, schools, criminal justice, law enforcement, laboratories,
medical examiners, coroners, professions and facilities licensed by
the department of health, local health jurisdictions, the health care
authority and its licensees and providers, the department of health
and its licensees, the department of social and health services and
its licensees and providers, and the department of children, youth,
and families and its licensees and providers.
(6) Upon request by the local health department, health care
providers, health care facilities, clinics, schools, criminal justice,
law enforcement, laboratories, medical examiners, coroners,
professions and facilities licensed by the department of health, local
health jurisdictions, the health care authority and its licensees and
providers, the department of health and its licensees, the department
of social and health services and its licensees and providers, and the
department of children, youth, and families and its licensees and
providers must provide all medical records related to the overdose,
withdrawal, and suicide, autopsy reports, medical examiner reports,
coroner reports, social services records, and other data requested for
specific overdose, withdrawal, and suicide fatalities to perform an
overdose, withdrawal, and suicide fatality review to the local health
department.
(7) For the purposes of this section, "overdose, withdrawal, and
suicide fatality review" means a confidential process to review minor
or adult overdose, withdrawal, and suicide deaths as identified
through a death certificate; by a medical examiner or coroner; or by a
process defined by the local department of health. The process may
include a systematic review of medical, clinical, and hospital records
related to the overdose, withdrawal, and suicide; confidential
interviews conducted with the protections established in subsection
(3) of this section; analysis of individual case information; and
review of this information by a team of professionals in order to
identify modifiable medical, socioeconomic, public health, behavioral,
administrative, educational, and environmental factors associated with
each death. [2022 c 190 § 1.]
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