145A.04 POWERS AND DUTIES OF BOARD OF HEALTH.
Subdivision 1. Jurisdiction; enforcement.
A county or multicounty board of health has
the powers and duties of a board of health for all territory within its jurisdiction not under the
jurisdiction of a city board of health. Under the general supervision of the commissioner, the
board shall enforce laws, regulations, and ordinances pertaining to the powers and duties of a
board of health within its jurisdictional area.
Subd. 2. Appointment of agent.
A board of health must appoint, employ, or contract with
a person or persons to act on its behalf. The board shall notify the commissioner of the agent's
name, address, and phone number where the agent may be reached between board meetings and
submit a copy of the resolution authorizing the agent to act on the board's behalf.
Subd. 3. Employment; medical consultant.
(a) A board of health may establish a health
department or other administrative agency and may employ persons as necessary to carry out
(b) Except where prohibited by law, employees of the board of health may act as its agents.
(c) Employees of the board of health are subject to any personnel administration rules
adopted by a city council or county board forming the board of health unless the employees of the
board are within the scope of a statewide personnel administration system.
(d) The board of health may appoint, employ, or contract with a medical consultant to receive
appropriate medical advice and direction.
Subd. 4. Acquisition of property; request for and acceptance of funds; collection of fees.
(a) A board of health may acquire and hold in the name of the county or city the lands, buildings,
and equipment necessary for the purposes of sections
. It may do so by any
lawful means, including gifts, purchase, lease, or transfer of custodial control.
(b) A board of health may accept gifts, grants, and subsidies from any lawful source, apply
for and accept state and federal funds, and request and accept local tax funds.
(c) A board of health may establish and collect reasonable fees for performing its duties and
providing community health services.
(d) With the exception of licensing and inspection activities, access to community health
services provided by or on contract with the board of health must not be denied to an individual or
family because of inability to pay.
Subd. 5. Contracts.
To improve efficiency, quality, and effectiveness, avoid unnecessary
duplication, and gain cost advantages, a board of health may contract to provide, receive, or
ensure provision of services.
Subd. 6. Investigation; reporting and control of communicable diseases.
A board of
health shall make investigations and reports and obey instructions on the control of communicable
diseases as the commissioner may direct under section
145A.06, subdivision 2
. Boards of health must cooperate so far as practicable to act together to prevent and
control epidemic diseases.
Subd. 7. Entry for inspection.
To enforce public health laws, ordinances or rules, a member
or agent of a board of health may enter a building, conveyance, or place where contagion,
infection, filth, or other source or cause of preventable disease exists or is reasonably suspected.
Subd. 8. Removal and abatement of public health nuisances.
(a) If a threat to the public
health such as a public health nuisance, source of filth, or cause of sickness is found on any
property, the board of health or its agent shall order the owner or occupant of the property to
remove or abate the threat within a time specified in the notice but not longer than ten days.
Action to recover costs of enforcement under this subdivision must be taken as prescribed
(b) Notice for abatement or removal must be served on the owner, occupant, or agent of the
property in one of the following ways:
(1) by registered or certified mail;
(2) by an officer authorized to serve a warrant; or
(3) by a person aged 18 years or older who is not reasonably believed to be a party to any
action arising from the notice.
(c) If the owner of the property is unknown or absent and has no known representative upon
whom notice can be served, the board of health or its agent shall post a written or printed notice
on the property stating that, unless the threat to the public health is abated or removed within a
period not longer than ten days, the board will have the threat abated or removed at the expense of
the owner under section
or other applicable state or local law.
(d) If the owner, occupant, or agent fails or neglects to comply with the requirement of the
notice provided under paragraphs (b) and (c), then the board of health or its agent shall remove or
abate the nuisance, source of filth, or cause of sickness described in the notice from the property.
Subd. 9. Injunctive relief.
In addition to any other remedy provided by law, the board of
health may bring an action in the court of appropriate jurisdiction to enjoin a violation of statute,
rule, or ordinance that the board has power to enforce, or to enjoin as a public health nuisance any
activity or failure to act that adversely affects the public health.
Subd. 10. Hindrance of enforcement prohibited; penalty.
It is a misdemeanor deliberately
to hinder a member of a board of health or its agent from entering a building, conveyance, or
place where contagion, infection, filth, or other source or cause of preventable disease exists
or is reasonably suspected, or otherwise to interfere with the performance of the duties of the
board of health.
Subd. 11. Neglect of enforcement prohibited; penalty.
It is a misdemeanor for a member or
agent of a board of health to refuse or neglect to perform a duty imposed on a board of health by
statute or ordinance.
Subd. 12. Other powers and duties established by law.
This section does not limit powers
and duties of a board of health prescribed in other sections.
History: 1987 c 309 s 4; 1Sp2003 c 14 art 8 s 31