R380-40-5. Local Health Officers

  (1)(a) A local health officer who is a physician shall:

  (i) be a graduate of a regularly chartered and legally constituted school of medicine or osteopathy;

  (ii) be licensed to practice medicine in the state of Utah; and

  (iii) be board certified in preventive medicine or in a primary care specialty.

  (b) A local health officer who is not a physician shall:

  (i) have successfully completed a master's degree in public health, nursing or other health discipline related to public health, public administration, or business administration from an accredited school; and

  (ii) have at least five years of professional full-time experience in the practice of public health, of which at least three years were in a senior administrative capacity.

  (c) If the local health officer is not a physician, the local health department shall contract with or employ a physician that is:

  (i) residing in Utah and licensed to practice medicine in the state;

  (ii) competent and experienced in a primary care specialty medical care field;

  (iii) board certified in preventive medicine or in a primary care specialty;

  (iv) able to supervise and oversee clinical services delivered within the local health department, including the approval of all clinical protocols, standing orders, and prescriptions issued within the public health system as described in Section 58-17b-620; and

  (v) able to review policies and procedures addressing human disease outbreaks of public health importance including emergency procedures authorized under 58-1-307(6), (7), and (8).

  (d) The Executive Director may grant an exception to the requirements for a local health officer who was in the position before February 1, 2016.

  (2) The local health officer shall promote and protect the health and wellness of the people within the district to include the following activities;

  (a) function as the executive and administrative officer;

  (b) report to and receive policy direction from the local board of health;

  (c) coordinate public health services in the district;

  (d) direct programs assigned by statute to the local health department, including administering and enforcing state and local health laws, regulations and standards;

  (e) direct the investigation and control of diseases and conditions affecting public health;

  (f) be responsible for hiring, terminating, supervising, and evaluating all local health department employees;

  (g) oversee proposed budget preparation;

  (h) present the budget to the board of health for review and approval;

  (i) develop and propose policies for board consideration;

  (j) implement policies of the local board of health;

  (k) advise the department with regard to policy development as those policies impact the mission, purpose, and capacity of the local health department;

  (l) ensure that available data on health status and health problems of the district are reviewed regularly including

  (i) a report to the board of health at least annually, and

  (ii) an assessment that includes community input at least every five years;

  (m) ensure that information about health and health hazards is disseminated as appropriate to protect the health of people in the district; and

  (n) perform other duties as assigned by the local board of health.

  (3) The local health officer shall ensure that an ongoing planning process is initiated and maintained that includes mission statement; community needs assessments; problem statements; goals, outcomes, and process objectives or implementation activities; evaluation; public involvement; and use of available data sources.

  (4) The local health officer shall ensure that fiscal management procedures are developed, implemented and maintained in accordance with federal, state, and local government requirements.

  (5) Consistent with federal and state laws and local ordinances and policies, the local health officer shall ensure:

  (a) that employees are recruited, hired, terminated, classified, trained, and compensated in accordance with relevant merit principles, federal civil rights requirements, and laws of general applicability, and that their qualifications are commensurate with job responsibilities;

  (b) the orientation of all new employees to the local health department and its personnel policies;

  (c) the maintenance of a personnel system that includes an accurate, current, and complete personnel record for each local health department employee;

  (d) the verification of all current licensure and certification requirements;

  (e) continued education and training for all employees commensurate with job responsibilities;

  (f) that each employee receives an annual performance evaluation, based upon a job description and written performance expectations for each employee.

  (6) A local health officer or designee who is a physician or osteopath licensed to practice medicine in Utah shall supervise and be accountable for medical practice conducted by local health department employees. If the local health officer is not a physician or osteopath licensed in Utah, he shall appoint a medical director licensed to practice medicine or osteopathy in Utah to supervise and be accountable for medical practice conducted by local health department employees.