May the board of county commissioners abolish the local health department?
The law that permits a county with a population exceeding 425,000 to create a consolidated human services agency or abolish human services boards does not permit a county to do away with the functions of a local health department. A county that exercises the options in that law retains the duty to provide public health services to its residents.[1] However, if the county creates a consolidated human services agency, the functions of the local health department will transfer to the consolidated agency. Whether the county continues to identify a particular component as the “health department” is not addressed by law—so long as the functions of the health department are being carried out, what to call the agency is up to the county.
[1]See also G.S. 153A-76 (prohibiting a board of county commissioners from abolishing a department or agency required by law); 130A-34(b) (“a county shall operate a county health department, establish a consolidated human services agency pursuant to G.S. 153A-77, participate in a district health department, or contract with the State for the provision of public health services” (emphasis added)); 52 Op. Atty Gen. 44 (1982) (concluding that G.S. 153A-76 prohibits a board of county commissioners from abolishing the local health department and assigning its functions elsewhere). A county may also satisfy its duty to provide public health services by operating a public health authority. G.S. 130A-45.01. It therefore appears some form of department or agency is required unless the county contracts with the state to operate services, and even then the state could require the county to provide facilities for a department or agency as a condition of the contract.
