H-0531.1  _______________________________________________

                          HOUSE BILL 1558

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Zellinsky, Dyer, Lantz and K. Schmidt

Read first time 01/30/97.  Referred to Committee on Health Care.

Authorizing inspections by local health officers.

    AN ACT Relating to inspections by local health officers; and adding a new section to chapter 70.05 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 70.05 RCW to read as follows:

    The local health officer or his or her designee may enter upon any property for the purpose of administering this chapter and exercising any related power, including general inspection, examination, testing, the taking of samples, and the performance of such acts as are necessary for carrying out RCW 70.05.070.

    If the local health officer or his or her designee is denied access to the property and the access was sought to carry out the purpose and provisions of this chapter, upon reasonable cause, the local health officer may apply to any court of competent jurisdiction for an administrative search warrant for the purpose of making public health inspections.  The court may upon application find probable cause and issue the administrative search warrant for this purpose.

    It is sufficient probable cause to show any of the following:

    (1) The inspection, examination, testing, or taking of samples is pursuant to a general administrative plan to determine compliance with laws or rules administered by the local health department or district; or

    (2) The local health officer or his or her designee has reason to believe that a violation of a law or rule administered by the local health department or district has occurred, is occurring, or may occur.

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