What are the powers and duties of a public health authority board?

A public health authority board has many of the same powers and duties as the other public health boards. This is because the term “local board of health” is defined in the law to include county boards of health, district boards of health and public health authority boards.[1]  Therefore, all of the powers and duties granted to “local boards of health” under the law extend to all three types of boards.[2] For example, a local board of health:

• Must protect and promote public health in its jurisdiction,[3]
• May adopt local health rules (i.e., regulations) that apply throughout the authority’s jurisdiction, including within any municipalities,[4]
• Hear appeals based upon enforcement of rules adopted by the local board of health, or imposition of administrative penalties by the local health director,[5] and
• May appoint the health director.[6]

The law that applies to public health authority boards, however, modifies and supplements that list of powers and duties.[7]  For example:

• Fee setting: The board is not required to obtain the approval of county commissioners when setting fees.
• Personnel: The board establishes a salary plan for its employees.  In other models, employees are subject to either the State Human Resources Act or a county pay plan.

A public health authority board also has quite a few powers and duties that are related to the operation of the authority as an independent entity.  These include the ability to enter into contracts, employ legal counsel, purchase insurance, and become directly involved in lawsuits. For county health departments and consolidated human services agencies, those powers and duties are held by the county. 

Unlike some other types of authorities or districts, a public health authority does not have the power to issue revenue bonds or levy taxes.

[1]G.S. 130A-2(4).

[2]G.S. 130A-24, 130A-39.

[3]G.S. 130A-39(a); 130A-45.3(a)(1).

[4]G.S. 130A-39(a) - (c); 130A-45.3(a)(1).

[5]G.S. 130A-24.

[6]G.S. 130A-40; 130A-45.3(6).

[7]G.S. 130A-45.3.