R380-40-6. Local Health Department Administration

  (1) Local health departments shall exercise the powers and duties as outlined in Section 26A-1-114.

  (2) In addition to the duties outlined in 26A-1-109 and 26A-1-110, the local board of health shall:

  (a) establish local health department policies;

  (b) adopt an annual budget;

  (c) monitor revenue and expenditures;

  (d) oversee compliance with minimum performance standards;

  (e) provide for planning as defined in R380-40-5(3);

  (f) periodically, but at least annually, evaluate the performance of the local health officer; and

  (g) report at least annually to the county governing body or bodies of the district served by the local health department regarding health issues and the health status of residents of the district.

  (3) Each local health department shall have an annual financial audit. The local board of health shall appoint an independent auditor or the audit may be conducted as part of the county audit and, in any event, the local board of health shall accept the audit or accept responsibility for findings in the audit that apply to the local health department.

  (4) Each local health department shall employ a registered nurse with education, experience, and Utah licensure consistent with the position requirements to supervise, evaluate, and be accountable for nursing practice conducted by local health department nurses in order to provide quality public health nursing service.

  (5) Each local health department shall employ a certified health education specialist or other qualified person with education, experience, or a combination of education and experience resulting in comparable expertise to direct health education and promotion activities.

  (6) Each local health department shall employ an environmental health scientist registered in Utah with education and experience consistent with the position requirements to supervise, evaluate, and be accountable for environmental health activities in order to protect and promote public health and safety and protect the environment.

  (7) Each local health department shall employ an individual with training and experience in epidemiology to conduct and oversee epidemiology activities conducted by the local health department.

  (8) Programs provided by local health departments shall be developed, directed, and organized in response to community needs; delivered and controlled in accordance with approved budget; and evaluated for effectiveness and impact.

  (9) Each local health department shall provide all public health services in compliance with federal, state, and local laws, regulations, rules, policies and procedures; and accepted standards of public health, medical and nursing practice.

  (10) If a county withdraws from a multi-district local health department in accordance with Section 26A-1-122, the withdrawing county must demonstrate to the department that it can meet the minimum performance standards set out in this rule through the use of county and local funding sources in order to enter into a contract with the department for allocation state funds pursuant to Section 26A-1-115 and R380-50. Specifically, the county shall demonstrate to the department it:

  (a) has the revenue within the county budget at the time the local health department begins operation to:

  (i) employ the following full time employees:

  (A) a health officer who meets the qualifications in R380-40-5;

  (B) a registered nurse who meets the qualifications in subsection (4);

  (c) an environmental health scientist who meets the qualifications in subsection (6); and

  (D) a business manager who has experience in budget preparation and tracking, accounts receivable, accounts payable, purchasing, and if not provided to the new local health department by a county, human resources, including recruitment, hiring, and termination within a merit system.

  (ii) assure the requirement for physician oversight in R380-40-5(1)(c) can be met;

  (iii) employ the following additional staff on either a part-time or full-time basis:

  (A) a health education on specialist who meets the qualifications in subsection (5);

  (B) an individual with epidemiology experience who meets the qualifications in subsection (7);

  (b) assure business operations support to include a minimum budget/finance and human resources;

  (c) provide, equip, and maintain suitable offices, facilities, and infrastructure as required in Section 26A-1-115(2);

  (d) has the commitment and ability to continue funding the health department with revenue from county and local funding sources at an amount not less than the amount needed for (a) above;

  (e) has adopted a county ordinance to create and maintain a local board of health and health department charged with the responsibilities and duties outlined in Section 26A-1-101 through 26A-1-127;

  (f) has a commitment from the county attorney to serve as the legal advisor to the health department as derived in 26A-1-120;

  (g) has a commitment from emergency response entities to work with the local health department as outlined in R380-40-9(1)(a), (b), (c), (d), and (e); and

  (h) has the availability of laboratory services as outlined in R380-40-10.