Chapter 2.77 DEPARTMENT OF PUBLIC HEALTH

2.77.010 Creation of office and department.

2.77.020 County health officer function.

2.77.030 Definitions.

2.77.040 Coordination with Department of Health Services--Inpatient medical care.

2.77.050 Director--Duties generally.

2.77.060 Director--Accounts to be kept.

2.77.070 Enforcement and arrest authority.

2.77.080 Hospital inspection.

2.77.090 County public health facilities--Case histories required when.

2.77.100 County public health facilities--Alcoholic beverage restrictions.

2.77.120 California children's services--Designated--Administrative office responsibilities.

2.77.130 California children's services--Determination of eligibility for care.

2.77.140 Expenses of certain special health officers.

2.77.150 School district physical inspectors--Employees authorized when.

2.77.160 School district health supervisors--Private medical practice restrictions.

2.77.170 School buildings--Report of unsanitary conditions.

2.77.180 Lectures on hygiene and sanitation--Restrictions.

2.77.190 Risk management protocol--Quality improvement program.

2.77.010 Creation of office and department.

The office of Director of the Department of Public Health is hereby created. The Director shall be the department head of the Department of Public Health, which department is hereby created. The Director shall be appointed by and serve under the direction of the Board of Supervisors. (Ord. 2006-0040 § 13, 2006.)

2.77.020 County health officer function.

All references now or hereafter made by the Charter of this county to any statute, regulation, seal or document of any kind, or ordinance of this county to “county health officer” or “health officer” shall be deemed to refer to the director of public health. (Ord. 2006-0040 § 14, 2006.)

2.77.030 Definitions.

As used in this chapter:
A. “Department” means the department of public health.
B. “Director” means the director of public health. (Ord. 2006-0040 § 15, 2006.)

2.77.040 Coordination with Department of Health Services--Inpatient medical care.

In the event that any patient in need of or receiving public health services requires inpatient medical care, such care shall continue to be provided by the Department of Health Services as provided by agreement between the Department of Public Health and the Department of Health Services. (Ord. 2006-0040 § 16, 2006.)

2.77.050 Director--Duties generally.

The director of public health, either directly or through a duly authorized representative, shall perform the following duties:
A. All duties delegated to him now or hereafter by this or any other ordinance of this county;
B. All duties now or hereafter delegated to the county health officer by any state or federal statute or regulation;
C. All duties to administer the county's alcohol program and to appoint a full-time alcohol program administrator;
D. All duties now or hereafter delegated to the county veterinarian by Ordinance 4099 or any other ordinance of the county or any state statute or regulation.
Nothing in this provision shall be construed as vesting in the director any power or duty assigned by Charter, law or ordinance to any other county officer, commission or department or as authorizing the director to engage in any activity or to provide any service or activity provided by any other county officer or department. The director shall coordinate his activities with those of related county officers and departments to achieve maximum effectiveness and service to the public. (Ord. 2006-0040 § 17, 2006.)

2.77.060 Director--Accounts to be kept.

The director shall keep or cause to be kept books of accounts for all records and disbursements in the department. (Ord. 2006-0040 § 18, 2006.)

2.77.070 Enforcement and arrest authority.

The director and every officer and employee of the department who has the duty to enforce a statute or ordinance relating to public health may arrest persons for violations of such statutes or ordinances as provided in Section 836.5 of the Penal Code. (Ord. 2006-0040 § 19, 2006.)

2.77.080 Hospital inspection.

Pursuant to Section 1273 of the Health and Safety Code, the board elects to have the department of public health perform health inspection and enforcement functions in this county. The director shall perform all duties required of him by said Section 1273. (Ord. 2006-0040 § 20, 2006.)

2.77.090 County public health facilities--Case histories required when.

There shall be maintained in the department a full history, as required by statute or regulation, of persons treated at any of its facilities, such history to be kept confidential and for the use only of the authorized officers and employees of the department and others as authorized by law. (Ord. 2006-0040 § 21, 2006.)

2.77.100 County public health facilities--Alcoholic beverage restrictions.

A person, whether as a patient, employee, visitor or otherwise, shall not enter or be in any facility maintained by the department if transporting or having in his possession any alcoholic beverage, unless he received permission to transport or have the same in his possession from the person in charge thereof. (Ord. 2006-0040 § 22, 2006.)

2.77.120 California children's services--Designated--Administrative office responsibilities.

A. The department is responsible for rendering of services to physically disabled persons under the age of 21 years. Services may include: expert diagnosis, medical treatment, physiotherapy, occupational therapy, special treatment, materials, appliances and other upkeep maintenance, care, and transportation, maintenance or care incidental to any other form of service. The director shall establish a central administrative and registry office for coordination and control of services provided by the county of Los Angeles for physically disabled children. The central administrative office will make use of existing diagnostic clinics and case-finding programs conducted by the county of Los Angeles, cities within the county, and other authorized agencies.
B. To seek out physically disabled children, the director may delegate authority for the arrangement of local surveys and the establishment of public diagnostic clinics or conferences for such children. The program may include, but shall not duplicate, the services rendered or offered by the county of Los Angeles, cities within the county, and other authorized agencies. (Ord. 2006-0040 § 23, 2006.)

2.77.130 California children's services--Determination of eligibility for care.

A. The information secured through surveys, public diagnostic clinics, conferences, case-finding programs and authorized agencies will be used to determine eligibility for care. Services can be rendered when it appears that:
1. The person is a physically disabled person under the age of 21 years;
2. There is a reasonable certainty that the person will benefit from the services;
3. The person is a county resident;
4. Parents or guardian have consented in writing to the services;
5. Guardian has court authorization to enter the agreement;
6. Parents or guardian are wholly or partially unable to secure necessary services.
B. If the department determines there is financial ability to pay part or all of the cost of care, the parent or guardian shall enter into a written agreement to pay such amount or amounts. (Ord. 2006-0040 § 24, 2006.)

2.77.140 Expenses of certain special health officers.

Those persons holding the position of special health officer, without compensation, and who are designated by the director, shall be paid either the minimum or the sums per mile for each and every mile traveled on public business in a privately owned vehicle in the manner provided for in Chapter 5.40 of this code. (Ord. 2006-0040 § 25, 2006.)

2.77.150 School district physical inspectors--Employees authorized when.

Employees of the department of public health, under the direction of the director, and when requested by the governing body of any school district or group of school districts, may perform the duties of physical inspectors, health supervisors, including physicians and dentists, or nurses. (Ord. 2006-0040 § 26, 2006.)

2.77.160 School district health supervisors--Private medical practice restrictions.

A. Such employees engaged by any school district in the work of health supervision under Sections 49400, 49402, 49403, 49420, 49422, 49450 to 49457 inclusive, 44871, 44873 and 44875 of the Education Code of the state of California, and performing certain functions of the department of public health, shall not engage in any private medical practice and shall not recommend any particular doctor to any person.
B. This section shall not apply to advice concerning free clinics or other treatment provided for the proper care of the indigent sick or dependent poor. (Ord. 2006-0040 § 27, 2006.)

2.77.170 School buildings--Report of unsanitary conditions.

Prompt report shall be rendered to the director of public health and school trustees of each district regarding the conditions of sanitation, heating, lighting, and ventilation of the school buildings or unsanitary conditions of the premises. (Ord. 2006-0040 § 28, 2006.)

2.77.180 Lectures on hygiene and sanitation--Restrictions.

In organization of special lectures on hygiene and sanitation, an effort should be made to avoid unnecessary description relative to the pathology of disease. All children whose parents have filed statements in writing as being opposed to health supervision under Section 49451 of the Education Code of the state of California shall be excused from attendance upon special lectures, talks or advice on hygiene. (Ord. 2006-0040 § 29, 2006.)

2.77.190 Risk management protocol--Quality improvement program.

A. Purpose. The purpose of this section is to improve the delivery of public health services and reduce risks of county liability by assuring the continued maintenance of appropriate risk management and quality assurance protocols established by the department of public health relating to incidents of potential liability, claims, and lawsuits arising out of the provision of public health services.
B. Quality Improvement Program. The department of public health, either directly or through agreement with the Department of Health Services, shall develop and maintain a quality improvement program that includes reporting, investigating, and initiating corrective action related to incidents involving potential liability, claims, and lawsuits as they arise out of the provision of public health services. Under the quality improvement program, risk management personnel shall be responsible for taking the necessary actions to ensure prompt reporting, complete investigation, and timely implementation of corrective action regarding these events.
C. Policy. It shall be the policy of the county of Los Angeles for the department of public health to:
1. Maintain a quality improvement program that continues to include the prompt reporting and investigation of incidents of potential liability, claims, and lawsuits arising out of the provision of public health services, along with recommending and ensuring the timely implementation of corrective action;
2. Create and maintain a risk management reporting form and procedure for the reporting of events involving quality, risk, safety, or personnel issues;
3. Assign risk management personnel to receive and review risk management reporting forms, review claims or lawsuits, and perform and direct appropriate responses;
4. Review and analyze, with attention to quality, risk, safety, and personnel issues, all risk management investigations, applicable third party administrator's investigations, and database information for the purpose of recommending and ensuring timely implementation of corrective action to prevent the reoccurrence of the same or similar type of event involving risk of county liability;
5. Either directly or through agreement with the Department of Health Services, maintain an inspection and audit division that independently verifies the implementation of corrective action;
6. Prepare a corrective action report to accompany any recommended settlement of a claim or lawsuit presented to the board of supervisors for approval where the department participates in the settlement;
7. Include in any contract with a third party administrator regarding claim and litigation management services language requiring the performance of an early investigation and report of incidents, claims, or lawsuits, and the development and maintenance of a database for tracking all reported incidents, claims, and lawsuits.
D. Implementation and Administration. The director, with the consultation and advice of the chief administrative officer and county counsel, shall prepare and issue appropriate instructions, guidelines, forms, protocols, and other documents necessary to carry out the purposes and requirements of this section with regard to the quality improvement program, and shall administer and enforce such program. The director shall include appropriate provisions to maintain confidentiality and applicable privileges relating to any information or documents which may be permitted or required by law. Copies of such instructions, guidelines, forms, protocols, and other documents, and any amendments thereto, shall be provided to all staff involved in the delivery of public health. (Ord. 2006-0040 § 30, 2006.)