AN ACT Relating to the department of public health and environment; amending RCW 43.17.010, 43.17.020, 17.21.230, 28B.20.456, 43.21A.010, 43.21A.020, 43.21A.030, 43.21A.040, 43.21A.050, 43.21A.060, 43.21A.070, 43.21A.080, 43.21A.100, 43.21A.200, 43.20A.010, 43.20A.030, 43.20A.060, 43.20A.140, and 43.20A.360; reenacting and amending RCW 43.20.030; adding new sections to chapter 43.21A RCW; adding new sections to chapter 43.131 RCW; creating a new section; repealing RCW 43.21A.040, 43.21A.050, 43.20A.600, 43.20A.615, 43.20A.620, 43.20A.625, 43.20A.630, 43.20A.635, 43.20A.640, 43.20A.645, 43.20A.650, 43.20A.655, 43.20A.665, 43.21A.140, 43.131.213, and 43.131.214; and providing effective dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The department of ecology and the director of the department of ecology are hereby redesignated. All references to the department of ecology or the director of the department of ecology in the Revised Code of Washington shall be construed to mean the department of public health and environment or the secretary of public health and environment, respectively.

(2) The powers and duties of the department of social and health services and the secretary of social and health service under the following statutes are hereby transferred to the department of public health and environment and the secretary of public health and environment: Chapters 9.02, 16.70, 18.20, 18.46, 18.73, 18.104, 69.30, 70.01, 70.05, 70.12, 70.22, 70.24, 70.30, 70.33, 70.41, 70.54, 70.58, 70.62, 70.82, 70.83, 70.90, 70.94, 70.95, 70.95A, 70.95B, 70.98, 70.104, 70.105, 70.105A, 70.107, 70.116, 70.119, 70.121, 70.126, and 70.142 RCW.

Sec. 2. Section 1, chapter 10, Laws of 1979 as last amended by section 47, chapter 466, Laws of 1985 and RCW 43.17.010 are each amended to read as follows:

There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ((~~ecology~~)) public health and environment, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fisheries, (6) the department of game, (7) the department of transportation, (8) the department of licensing, (9) the department of general administration, (10) the department of trade and economic development, (11) the department of veterans affairs, (12) the department of revenue, (13) the department of retirement systems, (14) the department of corrections, and (15) the department of community development, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 3. Section 2, chapter 10, Laws of 1979 as last amended by section 48, chapter 466, Laws of 1985 and RCW 43.17.020 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the ((~~director of ecology~~)) secretary of public health and environment, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fisheries, (6) the director of game, (7) the secretary of transportation, (8) the director of licensing, (9) the director of general administration, (10) the director of trade and economic development, (11) the director of veterans affairs, (12) the director of revenue, (13) the director of retirement systems, (14) the secretary of corrections, and (15) the director of community development.

Such officers, except the secretary of transportation and the director of game, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041, and the director of game shall be appointed by the game commission.

Sec. 4. Section 23, chapter 249, Laws of 1961 as last amended by section 1, chapter 20, Laws of 1974 ex. sess. and RCW 17.21.230 are each amended to read as follows:

There is hereby created a pesticide advisory board consisting of three licensed pesticide applicators residing in the state (one shall be licensed to operate ground apparatus, one shall be licensed to operate aerial apparatus, and one shall be licensed for structural pest control), one licensed pest control consultant, one licensed pesticide dealer manager, one entomologist in public service, one toxicologist in public service, one plant pathologist in public service, one member from the agricultural chemical industry, one member from the food processing industry, and two producers of agricultural crops or products on which pesticides are applied or which may be affected by the application of pesticides. Such members shall be appointed by the governor for terms of four years and may be appointed for successive four year terms at the discretion of the governor. The governor may remove any member of the board prior to the expiration of his term of appointment for cause. The board shall also include the director of the department of labor and industries or his duly authorized representative, the environmental health specialist from ((~~the division of health of~~)) the department of ((~~social and health services~~)) public health and environment, the supervisor of the grain and chemical division of the department, and the directors, or their appointed representatives, of the departments of game, fisheries, natural resources, and ((~~ecology~~)) the secretary of the department of public health and environment.

Sec. 5. Section 28B.20.456, chapter 223, Laws of 1969 ex. sess. as amended by section 9, chapter 62, Laws of 1973 and RCW 28B.20.456 are each amended to read as follows:

There is hereby created an advisory committee to the environmental research facility consisting of eight members. Membership on the committee shall consist of the director of the department of labor and industries, the ((~~assistant secretary for the division of health services of the department of social and health services~~)) state health officer of the department of public health and environment, the president of the Washington state labor council, the president of the association of Washington business, the dean of the school of public health and community medicine of the University of Washington, the dean of the school of engineering of the University of Washington, the president of the Washington state medical association, or their representatives, and the chairman of the department of environmental health of the University of Washington, who shall be ex officio chairman of the committee without vote. Such committee shall meet at least semiannually at the call of the chairman. Members shall serve without compensation. It shall consult, review and evaluate policies, budgets, activities and programs of the facility relating to industrial and occupational health to the end that the facility will serve in the broadest sense the health of the ((~~workman~~)) worker as it may be related to his or her employment.

Sec. 6. Section 1, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.010 are each amended to read as follows:

The legislature recognizes and declares it to be the policy of this state, that it is a fundamental and inalienable right of the people of the state of Washington to live in a healthful and pleasant environment ((~~and to benefit from the proper development and use of its natural resources~~)). The legislature further finds and declares that the economic and social vitality of the state are dependent on a healthy and productive population. It further finds that preservation of health requires action by government to promote healthful ways of life, to prevent disease and injury, and to preserve the environment and reduce or eliminate risks and hazards to health. It recognizes that while the activities and policies of many state and local governmental agencies have an impact upon public health and the environment, there is a need for a single department of state government with primary responsibility for the preservation of the public health and the environment. The legislature further recognizes that as the population of our state grows, the need to provide for our increasing industrial, agricultural, residential, social, recreational, economic and other needs will place an increasing responsibility on all segments of our society to plan, coordinate, restore and regulate the utilization of our natural resources in a manner that will protect and conserve our clean air, our pure and abundant waters, and the natural beauty of the state.

Sec. 7. Section 2, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.020 are each amended to read as follows:

In recognition of the responsibility of state government to carry out the policies set forth in RCW 43.21A.010, it is the purpose of this chapter to establish a single state agency with the authority to manage and develop our air and water resources in an orderly, efficient, and effective manner and to carry out a coordinated program of pollution control involving these and related land resources. It is the further purpose of this chapter to focus state policy and mobilize and coordinate state efforts to preserve and promote the health of the people of the state, and a safe and nurturing environment in which to live. The department shall provide leadership and coordination in identifying and resolving threats to the environment and public health by:

(1) Developing intervention strategies;

(2) Strengthening the state and local governmental partnership in providing public and environmental protection;

(3) Providing expert advice to the executive and legislative branches of state government;

(4) Active and fair enforcement of regulation;

(5) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing health preservation measures; and

(6) Such other actions as may be appropriate to this purpose.

To this end a department of ((~~ecology~~)) public health and environment is created by this chapter to undertake, in an integrated manner, the various water regulation, management, planning and development programs now authorized to be performed by the department of water resources and the water pollution control commission, the air regulation and management program now performed by the state air pollution control board, the solid waste regulation and management program authorized to be performed by state government as provided by chapter 70.95 RCW, and such other environmental, management protection and development programs as may be authorized by the legislature.

Sec. 8. Section 3, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.030 are each amended to read as follows:

As used in this chapter, unless the context indicates otherwise:

(1) "Department" means the department of ((~~ecology~~)) public health and environment.

(2) "((~~Director~~)) Secretary" means the ((~~director~~)) secretary of ((~~the department of ecology~~)) public health and environment.

(3) "Commission" means the ecological commission.

Sec. 9. Section 4, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.040 are each amended to read as follows:

There is created a department of state government to be known as the department of ((~~ecology~~)) public health and environment.

Sec. 10. Section 5, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.050 are each amended to read as follows:

The executive and administrative head of the department shall be the ((~~director~~)) secretary. The ((~~director~~)) secretary shall be appointed by the governor with the consent of the senate. ((He)) The secretary shall have complete charge of and supervisory powers over the department. ((He)) The secretary shall be paid a salary fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in the position of ((~~director~~)) secretary while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time ((he)) the governor shall present to that body ((~~his~~)) a nomination for the position.

Sec. 11. Section 6, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.060 are each amended to read as follows:

The following powers, duties and functions are hereby transferred to the department of ((~~ecology~~)) public health and environment created in RCW 43.21A.040:

(1) All powers, duties and functions authorized to be performed by the water pollution control commission, or the director thereof, by the terms of chapter 90.48 RCW or otherwise, including those assigned by action of this 1970 legislature;

(2) All powers, duties and functions authorized to be performed by the department of water resources, or the director thereof, by the terms of chapter 43.27A RCW or otherwise, including those assigned by action of this 1970 legislature;

(3) All powers, duties and functions authorized to be performed with reference to air pollution by the department of health, or the director thereof, and by the state air pollution control board or its executive director, by terms of chapter 70.94 RCW, the Washington Clean Air Act, or otherwise, including those assigned by this 1970 legislature; and

(4) All powers, duties and functions authorized to be performed by the department of health, or the director of health, involving the control of pollution problems created by the disposal of solid waste((~~, including those assigned by action of this 1970 legislature,~~)) and all powers, duties and functions to be exercised and performed ((~~by a department of ecology by the terms of~~)) under chapter 70.95 RCW((~~, including those assigned by this 1970 legislature~~)).

Sec. 12. Section 7, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.070 are each amended to read as follows:

The administrative procedure act, chapter 34.04 RCW, shall apply to the review of decisions by the ((~~director~~)) secretary to the same extent as it applied to decisions issued by the directors of the various departments whose powers, duties and functions are transferred ((~~by this 1970 amendatory act~~)) to the department of ((~~ecology~~)) public health and environment. The administrative procedure act shall further apply to all other decisions of the ((~~director~~)) secretary as in chapter 34.04 RCW provided.

Sec. 13. Section 8, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.080 are each amended to read as follows:

The ((~~director~~)) secretary of ((~~the department of ecology~~)) public health and environment is authorized to adopt such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter.

Sec. 14. Section 10, chapter 62, Laws of 1970 ex. sess. and RCW 43.21A.100 are each amended to read as follows:

(1) In order to obtain maximum efficiency and effectiveness within the department, the ((~~director~~)) secretary may create such administrative divisions within the department as he or she deems necessary. However, environmental health functions shall be consolidated in a way that will facilitate coordination of activities with local health departments and there shall also be created an organizational unit to deal with health information, health statistics, and vital records that, at least, shall collect, analyze, and make available to all appropriate users primary information on health status in the state and maintain the vital records of the state. The ((~~director~~)) secretary shall appoint a deputy ((~~director~~)) secretary as well as such assistant ((~~directors~~)) secretaries as shall be needed to administer the several divisions within the department. The deputy ((~~director~~)) secretary shall have charge and general supervision of the department in the absence or disability of the ((~~director~~)) secretary. In the case of a vacancy in the office of ((~~director~~)) secretary, the deputy ((~~director~~)) secretary shall administer the department until the governor appoints a successor to the ((~~director~~)) secretary or an acting ((~~director~~)) secretary. The officers appointed under this section and exempt from the provisions of the state civil service law as provided in RCW 41.06.073, shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law.

(2) The secretary shall appoint a state health officer who shall be the chief public health officer for the state and who shall be the principal advisor to the secretary, state and local boards of health, local health officials, and other public and private bodies and agencies on matters pertaining to public health and environment. The state health officer shall be licensed in the state in medicine and surgery, or osteopathy and surgery. In addition, he or she shall have a master's degree in public health or its equivalent.

Sec. 15. Section 20, chapter 62, Laws of 1970 ex. sess. as amended by section 47, chapter 75, Laws of 1977 and RCW 43.21A.200 are each amended to read as follows:

In matters submitted to the commission for advice and guidance, as set forth in RCW 43.21A.190, it shall be the responsibility of the ((~~director~~)) secretary to accompany such request with a statement of the background occasioning the request, together with the ((~~director's~~)) secretary's proposal for dealing with the same. Each member shall individually submit to the ((~~director~~)) secretary in writing his views within such time as the ((~~director~~)) secretary shall prescribe. In considering a matter submitted to it by the ((~~director~~)) secretary, the commission shall conduct such public hearings and make such investigations as it deems necessary. The secretary of the commission shall be the ((~~director~~)) secretary, or an employee of the department designated by the ((~~director~~)) secretary. It shall be the duty of the secretary of the commission to act as liaison between the commission and department as well as other state agencies; to prepare the minutes of the commission; and otherwise to assist the commission. The ((~~director~~)) secretary shall furnish to the commission such staff and facilities as may be necessary to fulfill its duties. He shall submit to the governor each year, a report containing a summary of the advice and guidance rendered by the commission.

NEW SECTION. Sec. 16. The secretary in carrying out the powers and duties under this chapter shall consult with the department of social and health services, the state board of health, and other state departments and boards as appropriate, and with local boards and departments of health, in order to assume coordination of policy and activity contributing to the preservation of public health and environment in this state. The heads of all state agencies as appropriate are expected and directed to work together in maintaining a coordinated state strategy and work plan to further the preservation of the public health and environment.

NEW SECTION. Sec. 17. (1) The fees authorized by this section are limited to licensing programs or activities transferred by the division of health of the department of social and health services to the department of public health and environment.

(a) The term "license" means that exercise of regulatory authority by the secretary to grant permission, authority, or liberty to do or to forbear certain activities. The term includes licenses, permits, certifications, registrations, and other similar terms.

(b) The secretary shall charge fees to the licensee for obtaining a license. Municipal corporations providing emergency medical care and transportation services shall be exempt from such fees, provided that such other emergency services shall only be charged for their pro rata share of the cost of licensure and inspection, if appropriate. The secretary may waive the fees when, in the discretion of the secretary, the fees would not be in the best interest of public health and safety, or when the fees would be to the financial disadvantage of the state.

(c) Fees charged shall be based on, but shall not exceed, the cost to the department for the licensure of the activity or class of activities and may include costs of necessary inspection.

(d) Department of public health and environment advisory committees may review fees established by the secretary for licenses and comment upon the appropriateness of the level of such fees.

(2) Nothing in this section shall be construed to modify the methods used by the department of ecology to set fees for any programs transferred from the department of ecology to the department of public health and environment.

NEW SECTION. Sec. 18. Notwithstanding any other provisions of law, the secretary is authorized to utilize nonappropriated funds made available to the department, in order to compliment the public health and environmental services programs of the department by purchase of services from public or nonprofit agencies. The purpose of this authorization is to augment the services presently offered and to achieve pooling of public and nonprofit resources.

NEW SECTION. Sec. 19. In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules and regulations as may become necessary to entitle the state to participate in federal funds may be adopted, unless the same be expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, such conflicting part of this chapter is declared to be inoperative solely to the extent of the conflict.

NEW SECTION. Sec. 20. The secretary of public health and environment shall take such steps as necessary to promote the health of the citizens, prevent and control communicable and chronic disease, prevent and control injuries occurring in the population, and develop new efforts when they are needed that will result in improvement of either the personal health of citizens, individually, the collective health of citizens in our communities, or an improved and more healthful environment. In the discharge of these responsibilities, the secretary shall, at least:

(1) Exercise all the powers and perform all the duties prescribed by law with respect to public health and vital statistics;

(2) Investigate and study factors relating to the preservation, promotion, and improvement of the health of the people, the causes of morbidity and mortality, and the effects of the environment and other conditions upon the public health, and report the findings to the state board of health for such action as the board determines is necessary;

(3) Strictly enforce all laws for the protection of the public health and the improvement of sanitary conditions in the state, and all rules, regulations, and orders of the state board of health;

(4) Enforce the public health laws of the state and the rules and regulations promulgated by the department or the board of health in local matters, when in its opinion an emergency exists and the local board of health has failed to act with sufficient promptness or efficiency, or is unable for reasons beyond its control to act, or when no local board has been established, and all expenses so incurred shall be paid upon demand of the secretary of public health and environment by the local health department for which such services are rendered, out of moneys accruing to the credit of the municipality or the local health department in the current expense fund of the county;

(5) Investigate outbreaks and epidemics of disease that may occur and advise local health officers as to measures to be taken to prevent and control the same;

(6) Exercise general supervision over the work of all local health departments and establish uniform reporting systems by local health officers to the state department of public health and environment;

(7) Have the same authority as local health officers, except that the secretary shall not exercise such authority unless the local health officer fails or is unable to do so, or when in an emergency the safety of the public health demands it;

(8) Cause to be made from time to time, inspections of the sanitary and health conditions existing at the state institutions, require the governing authorities thereof to take such action as will conserve the health of all persons connected therewith, and report the findings to the governor;

(9) Take such measures as the secretary deems necessary in order to promote the public health, to establish or participate in the establishment of health educational or training activities, and to provide funds for and to authorize the attendance and participation in such activities of employees of the state or local health departments and other individuals engaged in programs related to or part of the public health programs of the local health departments or the state department of public health and environment. The secretary is also authorized to accept any funds from the federal government or any public or private agency made available for health education training purposes and to conform with such requirements as are necessary in order to receive such funds;

(10) Establish and maintain laboratory facilities and services as are necessary to carry out the responsibilities of the department;

(11) Appoint a state health officer; and

(12) Promulgate rules for the activities of the department.

NEW SECTION. Sec. 21. In order to receive the assistance and advice of local health officers in carrying out his or her duties and responsibilities, the secretary of public health and environment shall hold annually a conference of local health officers, at such place as he or she deems convenient, for the discussion of questions pertaining to public health, sanitation, and other matters pertaining to the duties and functions of the local health departments, which shall continue in session for such time not exceeding three days as the secretary deems necessary.

The health officer of each county, district, municipality and county-city department shall attend such conference during its entire session, and receive therefor his or her actual and necessary traveling expenses, to be paid by his or her county, district, and municipality or county-city department: PROVIDED, That no claim for such expenses shall be allowed or paid unless it is accompanied by a certificate from the secretary of public health and environment attesting the attendance of the claimant.

NEW SECTION. Sec. 22. The state registrar of vital statistics shall prepare, print, and supply to all registrars all blanks and forms used in registering, recording, and preserving the returns, or in otherwise carrying out the purposes of this chapter; and shall prepare and issue such detailed instructions as may be required to secure the uniform observance of its provisions and the maintenance of a perfect system of registration. No other blanks shall be used than those supplied by the state registrar. The state registrar shall carefully examine the certificates received monthly from the local registrars, county auditors, and clerks of the court and, if any are incomplete or unsatisfactory, the state registrar shall require such further information to be furnished as may be necessary to make the record complete and satisfactory, and shall cause such further information to be incorporated in or attached to and filed with the certificate. The state registrar shall furnish, arrange, bind, and make a permanent record of the certificate in a systematic manner, and shall prepare and maintain a comprehensive index of all births, deaths, fetal deaths, marriages, and decrees of divorce, annulment and separate maintenance registered.

NEW SECTION. Sec. 23. The secretary of the department of public health and environment shall have charge of the state system of registration of births, deaths, fetal deaths, marriages, and decrees of divorce, annulment and separate maintenance, and shall prepare the necessary rules, forms, and blanks for obtaining records, and insure the faithful registration thereof.

NEW SECTION. Sec. 24. The state registrar shall, upon request, furnish an applicant with a certified copy of the record of any birth, death, fetal death, marriage or decree of divorce, annulment or separate maintenance, registered under the provision of law, or that portion of the record of any birth which shows the child's full name, sex, date of birth, and date of filing of the certificate, for the making and certification of which the state registrar shall charge a fee of six dollars to be paid by the applicant: PROVIDED, That no fee shall be demanded or required for furnishing a certified copy of a birth, death, fetal death, marriage, divorce, annulment, or separate maintenance record for use in connection with a claim for compensation or pension pending before the veterans administration.

For any search of the files and the records when no certified copy is made, the state registrar shall be entitled to a fee of three dollars for each hour or fractional part of an hour employed in such search, to be paid by the applicant.

The state department of public health and environment shall keep a true and correct account of all fees received and turn the same over to the state treasurer on or before the first day of January, April, July, and October.

Health officers in cities of the first class may, upon request, furnish certified copies of the records of birth, death, and fetal death, and shall charge the same fee as hereinabove provided, and shall be entitled to charge for searching of records when no certified copy is made the same fee as hereinabove provided. All such fees collected, except for two dollars of each six dollar fee for the issuance of a certified copy, shall be paid to the jurisdictional health department: PROVIDED, That health officers of cities of the first class may issue certified copies only if they have an original certificate in their possession at the time of issuance of a certified copy or a copy of the original certificate transmitted to the state registrar which was produced by a photographic or other exact reproduction method. Health officers of counties or districts may, upon request, furnish certified copies of the records of birth, death, and fetal death, and shall charge the same fee as hereinabove provided, during the period that the original certificates are in their possession prior to transmittal of the original certificates to the state registrar. All such fees collected, except for two dollars of each six dollar fee, shall be paid to the jurisdictional health department. Certified copy forms used by health officers furnishing certified copies while the original records are temporarily in their possession shall be supplied or approved by the state registrar and no other forms shall be used.

All health officers in cities and counties shall keep a true and correct account of all fees received under this section for the issuance of certified copies and shall turn two dollars of the fee over to the state treasurer on or before the first day of January, April, July, and October.

Two dollars of each fee imposed for the issuance of certified copies at both the state and local levels shall be held by the state treasurer in the death investigations' account established by RCW 43.79.445.

NEW SECTION. Sec. 25. It shall be the duty of the secretary and he or she shall have the power to establish and administer a program of services for children who are crippled or who are suffering from physical conditions which lead to crippling, which shall provide for developing, extending, and improving services for locating such children, and for providing for medical, surgical, corrective, and other services and care, and facilities for diagnosis, hospitalization, and after care; to supervise the administration of those services, included in the program, which are not administered directly by it; to extend and improve any such services, including those in existence on April 1, 1941; to cooperate with medical, health, nursing, and welfare groups and organizations, and with any agency of the state charged with the administration of laws providing for vocational rehabilitation of physically handicapped children; to cooperate with the federal government, through its appropriate agency or instrumentality in developing, extending, and improving such services; and to receive and expend all funds made available to the department by the federal government, the state or its political subdivisions or from other sources, for such purposes.

NEW SECTION. Sec. 26. The secretary on his or her own motion or upon the complaint of any interested party, may investigate, examine, sample or inspect any article or condition constituting a threat to the public health including, but not limited to, outbreaks of communicable diseases, food poisoning, contaminated water supplies, and all other matters injurious to the public health. When not otherwise available, the department may purchase such samples or specimens as may be necessary to determine whether or not there exists a threat to the public health. In furtherance of any such investigation, examination or inspection, the secretary or his or her authorized representative may examine that portion of the ledgers, books, accounts, memorandums, and other documents and other articles and things used in connection with the business of such person relating to the actions involved.

For purposes of such investigation, the secretary or his or her representative shall at all times have free and unimpeded access to all buildings, yards, warehouses, storage and transportation facilities or any other place. The secretary may also, for the purposes of such investigation, issue subpoenas to compel the attendance of witnesses, and the production of books and documents anywhere in the state.

NEW SECTION. Sec. 27. Pending the results of an investigation provided for under section 26 of this act, the secretary may issue an order prohibiting the disposition or sale of any food or other item involved in the investigation: PROVIDED, That the order of the secretary shall not be effective for more than fifteen days without the commencement of a legal action as provided for under section 28 of this act.

NEW SECTION. Sec. 28. The secretary may bring an action to enjoin a violation or the threatened violation of any of the provisions of the public health laws of this state or any rules or regulation made by the state board of health or the department of public health and environment pursuant to said laws, or may bring any legal proceeding authorized by law, including but not limited to the special proceedings authorized in Title 7 RCW, in the superior court in the county in which such violation occurs or is about to occur, or in the superior court of Thurston county.

NEW SECTION. Sec. 29. Upon the request of a local health officer, the secretary is hereby authorized and empowered to take legal action to enforce the public health laws and rules and regulations of the state board of health or local rules and regulations within the jurisdiction served by the local health department, and may institute any civil legal proceeding authorized by the laws of the state.

NEW SECTION. Sec. 30. (1) It shall be the duty of each assistant attorney general, prosecuting attorney, or city attorney to whom the secretary reports any violation of this chapter, or regulations promulgated under them, to cause appropriate proceedings to be instituted in the proper courts, without delay, and to be duly prosecuted as prescribed by law.

(2) Before any violation of this chapter is reported by the secretary to the prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views to the secretary, either orally or in writing, with regard to such contemplated proceeding.

NEW SECTION. Sec. 31. Nothing in this chapter shall be construed to abridge the right of any person to rely exclusively on spiritual means alone through prayer to alleviate human ailments, sickness or disease, in accordance with the tenets and practice of the Church of Christ, Scientist, nor shall anything in this chapter be deemed to prohibit a person so relying who is inflicted with a contagious or communicable disease from being isolated or quarantined in a private place of his own choice, provided, it is approved by the local health officer, and all laws, rules and regulations governing control, sanitation, isolation and quarantine are complied with.

NEW SECTION. Sec. 32. (1) The fees authorized by this section are limited to licensing programs or activities transferred by the division of health of the department of social and health services to the department of public health and environment. The department is authorized to charge fees for services provided by the department unless otherwise prohibited by law. The fees may be sufficient to cover the full cost of the service provided if practical or may be charged on an ability-to-pay basis if practical. This section does not supersede other statutory authority enabling the assessment of fees by the department. Whenever the department is authorized by law to collect total or partial reimbursement for the cost of its providing care of or exercising custody over any person, the department shall collect the reimbursement to the extent practical.

NEW SECTION. Sec. 33. The secretary of public health and environment shall report to the legislature, no later than January 12, 1988, on the following:

(1) An organizational plan that is consistent with this statute;

(2) A proposal for a public health planning process;

(3) A proposal to develop a public health information system; and

(4) Other items consistent with the efficient operation of the department of public health and environment.

Sec. 34. Section 43.20.030, chapter 8, Laws of 1965 as last amended by section 2, chapter 243, Laws of 1984 and by section 75, chapter 287, Laws of 1984 and RCW 43.20.030 are each reenacted and amended to read as follows:

The state board of health shall be composed of ten members. These shall be the secretary of public health and environment or the secretary's designee and nine other persons to be appointed by the governor, including four persons experienced in matters of health and sanitation, an elected city official who is a member of a local health board, an elected county official who is a member of a local health board, a local health officer, and two persons representing the consumers of health care. Before appointing the city official, the governor shall consider any recommendations submitted by the association of Washington cities. Before appointing the county official, the governor shall consider any recommendations submitted by the Washington state association of counties. Before appointing the local health officer, the governor shall consider any recommendations submitted by the Washington state association of local public health officials. Before appointing one of the two consumer representatives, the governor shall consider any recommendations submitted by the state council on aging. The chairman shall be selected by the governor from among the nine appointed members. The department of ((~~social and health services~~)) public health and environment shall provide necessary technical staff support to the board. The board may employ an executive director and a confidential secretary, each of whom shall be exempt from the provisions of the state civil service law, chapter 41.06 RCW.

Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060.

Sec. 35. Section 1, chapter 18, Laws of 1970 ex. sess. as amended by section 60, chapter 141, Laws of 1979 and RCW 43.20A.010 are each amended to read as follows:

The department of social and health services is designed to integrate and coordinate all those activities involving provision of care for individuals who, as a result of their economic, social or health condition, require financial assistance, institutional care, rehabilitation or other social and health services. In order to provide for maximum efficiency of operation consistent with meeting the needs of those served or affected, the department will encompass substantially all of the powers, duties and functions vested by law on June 30, 1970, ((~~in the department of health,~~)) the department of public assistance, the department of institutions, the veterans' rehabilitation council and the division of vocational rehabilitation of the coordinating council on occupational education. The department will concern itself with changing social needs, and will expedite the development and implementation of programs designed to achieve its goals. In furtherance of this policy, it is the legislative intent to set forth only the broad outline of the structure of the department, leaving specific details of its internal organization and management to those charged with its administration.

Sec. 36. Section 3, chapter 18, Laws of 1970 ex. sess. as amended by section 62, chapter 141, Laws of 1979 and RCW 43.20A.030 are each amended to read as follows:

There is hereby created a department of state government to be known as the department of social and health services. All powers, duties and functions vested by law on June 30, 1970, in ((~~the department of health,~~)) the department of public assistance, the department of institutions, the veterans' rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education are transferred to the department. Powers, duties and functions to be transferred shall include, but not be limited to, all those powers, duties and functions involving cooperation with other governmental units, such as cities and counties, or with the federal government, in particular those concerned with participation in federal grants-in-aid programs.

Sec. 37. Section 6, chapter 18, Laws of 1970 ex. sess. as amended by section 64, chapter 141, Laws of 1979 and RCW 43.20A.060 are each amended to read as follows:

The department of social and health services shall be subdivided into divisions, including a division of vocational rehabilitation. Except as otherwise specified or as federal requirements may differently require, these divisions shall be established and organized in accordance with plans to be prepared by the secretary and approved by the governor. In preparing such plans, the secretary shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of the departments of ((~~health,~~)) public assistance, institutions, the veterans' rehabilitation council, and the division of vocational rehabilitation of the coordinating council on occupational education.

Sec. 38. Section 12, chapter 18, Laws of 1970 ex. sess. and RCW 43.20A.140 are each amended to read as follows:

((~~Where feasible,~~)) The department ((~~and the state board of health~~)) in carrying out the powers and duties under this chapter shall consult with the ((water pollution control commission and the state air pollution control board, or their successors, in order that to the fullest extent possible, agencies concerned with the preservation of life and health and agencies concerned with protection of the environment may integrate their efforts and endorse policies in common)) department of public health and environment and with other departments and boards as appropriate to assure coordination of policy and activity contributing to the preservation of the public health and environment in this state.

Sec. 39. Section 2, chapter 189, Laws of 1971 ex. sess. as last amended by section 1, chapter 259, Laws of 1984 and RCW 43.20A.360 are each amended to read as follows:

(1) The secretary is hereby authorized to appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department. The secretary may appoint state-wide committees or councils in the following subject areas: (a) Health facilities; (b) ((~~radiation control; (c)~~)) children and youth services; ((~~(d)~~)) (c) blind services; ((~~(e)~~)) (d) medical and health care; ((~~(f)~~)) (e) drug abuse and alcoholism; ((~~(g)~~)) (f) social services; ((~~(h)~~)) (g) economic services; ((~~(i)~~)) (h) vocational services; ((~~(j)~~)) (i) rehabilitative services; ((~~(k) public health services;~~)) and on such other subject matters as are or come within the department's responsibilities. The secretary shall appoint committees or councils advisory to the department in each service delivery region to be designated by the secretary. The state-wide and the regional councils shall have representation from both major political parties and shall have substantial consumer representation. Such committees or councils shall be constituted as required by federal law or as the secretary in his or her discretion may determine. The members of the committees or councils shall hold office for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. No member shall serve more than two consecutive terms.

((~~(3)~~)) (2) Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended. Members of regional advisory committees may, in the discretion of the secretary, be paid the same travel expenses as set forth above.

NEW SECTION. Sec. 40. A new section is added to chapter 43.131 RCW to read as follows:

The powers and duties of the department of public health and environment shall be terminated on June 30, 1996, as provided in section 41 of this act.

NEW SECTION. Sec. 41. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1997:

(1) Section 4, chapter 62, Laws of 1970 ex. sess., section 9 of this 1986 act and RCW 43.21A.040; and

(2) Section 5, chapter 62, Laws of 1970 ex. sess., section 10 of this 1986 act and RCW 43.21A.050.

NEW SECTION. Sec. 42. The following acts or parts of acts are each repealed:

(1) Section 43.20.010, chapter 8, Laws of 1965, section 1, chapter 102, Laws of 1967 ex. sess., section 46, chapter 141, Laws of 1979, section 2, chapter 213, Laws of 1985 and RCW 43.20A.600;

(2) Section 43.20.060, chapter 8, Laws of 1965, section 10, chapter 102, Laws of 1967 ex. sess., section 50, chapter 141, Laws of 1979 and RCW 43.20A.615;

(3) Section 43.20.070, chapter 8, Laws of 1965, section 1, chapter 26, Laws of 1967, section 51, chapter 141, Laws of 1979 and RCW 43.20A.620;

(4) Section 43.20.080, chapter 8, Laws of 1965, section 2, chapter 26, Laws of 1967 and RCW 43.20A.625;

(5) Section 43.20.090, chapter 8, Laws of 1965, section 3, chapter 26, Laws of 1967, section 1, chapter 25, Laws of 1970 ex. sess., section 36, chapter 42, Laws of 1975-76' 2nd ex. sess., section 1, chapter 52, Laws of 1979 ex. sess., section 11, chapter 16, Laws of 1983 1st ex. sess. and RCW 43.20A.630;

(6) Section 43.20.130, chapter 8, Laws of 1965, section 52, chapter 141, Laws of 1979 and RCW 43.20A.635;

(7) Section 3, chapter 102, Laws of 1967 ex. sess., section 53, chapter 141, Laws of 1979 and RCW 43.20A.640;

(8) Section 4, chapter 102, Laws of 1967 ex. sess., section 54, chapter 141, Laws of 1979 and RCW 43.20A.645;

(9) Section 5, chapter 102, Laws of 1967 ex. sess., section 55, chapter 141, Laws of 1979 and RCW 43.20A.650;

(10) Section 6, chapter 102, Laws of 1967 ex. sess., section 56, chapter 141, Laws of 1979 and RCW 43.20A.655;

(11) Section 14, chapter 102, Laws of 1967 ex. sess., section 59, chapter 141, Laws of 1979 and RCW 43.20A.665; and

(12) Section 14, chapter 62, Laws of 1970 ex. sess., section 67, chapter 141, Laws of 1979 and RCW 43.21A.140.

NEW SECTION. Sec. 43. The following acts or parts of acts are each repealed:

(1) Section 33, chapter 99, Laws of 1979, section 16, chapter 235, Laws of 1983, section 29, chapter 213, Laws of 1985 and RCW 43.131.213; and

(2) Section 75, chapter 99, Laws of 1979, section 17, chapter 235, Laws of 1983, section 30, chapter 213, Laws of 1985 and RCW 43.131.214.

NEW SECTION. Sec. 44. Sections 1 and 14 through 32 of this act are each added to chapter 43.21A RCW.

NEW SECTION. Sec. 45. Section 43 of this act shall take effect on June 30, 1986. The remainder of this act shall take effect on July 1, 1987.