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HB1946 • 2026

Local board of health/tribes

Clarifying tribal membership on local boards of health.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Representative Hill, Representative Lekanoff, Representative Reed, Representative Parshley, Representative Pollet, Representative Obras, Representative Nance, Representative Ormsby, Representative Macri
Last action
2025-03-12
Official status
H subst for
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Local board of health/tribes

Local board of health/tribes

What This Bill Does

  • Local board of health/tribes

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

1946-S AMH PARS H1839.2

236 • Parshley

ADOPTED AS AMENDED

Plain English: 1946-S AMH PARS H1839.2 SHB 1946 - H AMD 236 By Representative Parshley ADOPTED AS AMENDED 03/12/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 1946-S AMH PARS H1839.2 SHB 1946 - H AMD 236 By Representative Parshley ADOPTED AS AMENDED 03/12/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 70.05.030 and 2024 c 37 s 1 are each amended to 3 read as follows: 4 (1) Except as provided in subsection (2) of this section, for 5 counties without a home rule charter, the board of county 6 commissioners and the members selected under (a) and (e) of this 7 subsection, shall constitute the local board of health, unless the 8 county is part of a health district pursuant to chapter 70.46 RCW.
  • 9 For counties without a home rule charter where the board of county 10 commissioners is comprised of five commissioners, the board of county 11 commissioners may adopt an ordinance reducing the number of county 12 commissioners that are members of the local board of health, provided 13 that the board of health includes at least one county commissioner.
WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH HILL RUSM 240 1 - Official Print 1946-S AMH HILL RUSM 240 SHB 1946 - H AMD TO H AMD (H-1839.2/25) 816 By Representative Hill WITHDRAWN 03/12/2025 On page 3, line 1 of the striking amendment, after "(e)" insert "(i)" On page 3, beginning on line 1 of the striking amendment, after "reservation" strike all material through "county," on line 2 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 3, after line 10 of the striking amendment, insert the following: "(ii) A board must engage in formal consultation with a tribe that has usual and accustomed areas within the county when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." On page 5, line 36 of the striking amendment, after "(e)" insert "(i)" On page 5, beginning on line 36 of the striking amendment, after "reservation" strike all material through "county," on line 37 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 6, after line 5 of the striking amendment, insert the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH HILL RUSM 240 2 - Official Print "(ii) A board must engage in formal consultation with a tribe that has usual and accustomed areas within the county when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." On page 8, line 36 of the striking amendment, after "(e)" insert "(i)" On page 8, beginning on line 36 of the striking amendment, after "reservation" strike all material through "district," on line 38 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the health district,))" On page 9, after line 5 of the striking amendment, insert the following: "(ii) A district health board must engage in formal consultation with a tribe that has usual and accustomed areas within the health district when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." On page 12, line 6 of the striking amendment, after "(e)" insert "(i)" On page 12, beginning on line 6 of the striking amendment, after "reservation" strike all material through "county," on line 7 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 12, after line 15 of the striking amendment, insert the following: "(ii) A district health board must engage in formal consultation with a tribe that has usual and accustomed areas within the county 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH HILL RUSM 240 3 - Official Print EFFECT:  Removes federally recognized tribes with usual and accustomed areas within the jurisdiction of a district or local health board (Board) from the types of tribes who must be allowed a tribal representative to serve as a member on a Board.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH HILL RUSM 240 1 - Official Print 1946-S AMH HILL RUSM 240 SHB 1946 - H AMD TO H AMD (H-1839.2/25) 816 By Representative Hill WITHDRAWN 03/12/2025 On page 3, line 1 of the striking amendment, after "(e)" insert "(i)" On page 3, beginning on line 1 of the striking amendment, after "reservation" strike all material through "county," on line 2 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 3, after line 10 of the striking amendment, insert the following: "(ii) A board must engage in formal consultation with a tribe that has usual and accustomed areas within the county when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." On page 5, line 36 of the striking amendment, after "(e)" insert "(i)" On page 5, beginning on line 36 of the striking amendment, after "reservation" strike all material through "county," on line 37 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 6, after line 5 of the striking amendment, insert the following: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH HILL RUSM 240 2 - Official Print "(ii) A board must engage in formal consultation with a tribe that has usual and accustomed areas within the county when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." On page 8, line 36 of the striking amendment, after "(e)" insert "(i)" On page 8, beginning on line 36 of the striking amendment, after "reservation" strike all material through "district," on line 38 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the health district,))" On page 9, after line 5 of the striking amendment, insert the following: "(ii) A district health board must engage in formal consultation with a tribe that has usual and accustomed areas within the health district when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." On page 12, line 6 of the striking amendment, after "(e)" insert "(i)" On page 12, beginning on line 6 of the striking amendment, after "reservation" strike all material through "county," on line 7 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 12, after line 15 of the striking amendment, insert the following: "(ii) A district health board must engage in formal consultation with a tribe that has usual and accustomed areas within the county 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH HILL RUSM 240 3 - Official Print EFFECT:  Removes federally recognized tribes with usual and accustomed areas within the jurisdiction of a district or local health board (Board) from the types of tribes who must be allowed a tribal representative to serve as a member on a Board.
  •  Requires Boards to engage in formal consultation with a tribe that has usual and accustomed areas within the Board's county or district if the Board is proposing to take action restricting access to, or impacting a tribe's ability to exercise its rights over, the usual and accustomed areas.
  • when the board is proposing to take action that would result in restricting access to or impacting the tribe's ability to exercise its rights over the usual and accustomed areas." --- END
1946-S AMH KLIC RUSM 190

860 • Klicker

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH KLIC RUSM 190 1 - Official Print EFFECT: Provides that the absence of a tribal representative from a district or local board of health (Board) meeting may not prevent quorum or impair the ability of present board members to exercise Board powers or perform Board duties.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH KLIC RUSM 190 1 - Official Print EFFECT: Provides that the absence of a tribal representative from a district or local board of health (Board) meeting may not prevent quorum or impair the ability of present board members to exercise Board powers or perform Board duties.
  • 1946-S AMH KLIC RUSM 190 SHB 1946 - H AMD TO H AMD (H-1839.2/25) 860 By Representative Klicker NOT ADOPTED 03/12/2025 On page 4, after line 3 of the striking amendment, insert the following: "(m) A tribal representative's absence from a meeting may not prevent quorum or impair the right of the present board members to exercise any power or perform any duty of the board." On page 6, after line 35 of the striking amendment, insert the following: "(m) A tribal representative's absence from a meeting may not prevent quorum or impair the right of the present board members to exercise any power or perform any duty of the board." On page 9, after line 36 of the striking amendment, insert the following: "(m) A tribal representative's absence from a meeting may not prevent quorum or impair the right of the present board members to exercise any power or perform any duty of the district." On page 13, after line 6 of the striking amendment, insert the following: "(m) A tribal representative's absence from a meeting may not prevent quorum or impair the right of the present board members to exercise any power or perform any duty of the district." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH KLIC RUSM 190 2 - Official Print --- END
1946-S AMH GRIF RUSM 204

862 • Griffey

NOT ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH GRIF RUSM 204 1 - Official Print 1946-S AMH GRIF RUSM 204 SHB 1946 - H AMD TO H AMD (H-1839.2/25) 862 By Representative Griffey NOT ADOPTED 03/12/2025 On page 3, line 7 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 3, line 8 of the striking amendment, after "and" insert "allow a representative from" On page 3, line 10 of the striking amendment, after "commission." insert "If a tribe declines an invitation to serve as a member under this subsection, it may later elect to participate and select a tribal representative to serve as a member as provided in this section." On page 6, line 2 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 6, line 3 of the striking amendment, after "and" insert "allow a representative from" On page 6, line 5 of the striking amendment, after "commission." insert "If a tribe declines an invitation to serve as a member under this subsection, it may later elect to participate and select a tribal representative to serve as a member as provided in this section." On page 9, line 2 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 9, line 3 of the striking amendment, after "and" insert "allow a representative from" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH GRIF RUSM 204 2 - Official Print EFFECT: Requires district and local boards of health (Board) to invite, rather than allow, a tribal representative from an eligible tribe to serve as a member on a board.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH GRIF RUSM 204 1 - Official Print 1946-S AMH GRIF RUSM 204 SHB 1946 - H AMD TO H AMD (H-1839.2/25) 862 By Representative Griffey NOT ADOPTED 03/12/2025 On page 3, line 7 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 3, line 8 of the striking amendment, after "and" insert "allow a representative from" On page 3, line 10 of the striking amendment, after "commission." insert "If a tribe declines an invitation to serve as a member under this subsection, it may later elect to participate and select a tribal representative to serve as a member as provided in this section." On page 6, line 2 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 6, line 3 of the striking amendment, after "and" insert "allow a representative from" On page 6, line 5 of the striking amendment, after "commission." insert "If a tribe declines an invitation to serve as a member under this subsection, it may later elect to participate and select a tribal representative to serve as a member as provided in this section." On page 9, line 2 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 9, line 3 of the striking amendment, after "and" insert "allow a representative from" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1946-S AMH GRIF RUSM 204 2 - Official Print EFFECT: Requires district and local boards of health (Board) to invite, rather than allow, a tribal representative from an eligible tribe to serve as a member on a board.
  • Allows a tribe that declined an invitation to serve as a member of a Board to later elect to participate.
  • On page 9, line 5 of the striking amendment, after "commission." insert "If a tribe declines an invitation to serve as a member under this subsection, it may later elect to participate and select a tribal representative to serve as a member as provided in this section." On page 12, line 12 of the striking amendment, after "((include))" strike "allow" and insert "invite" On page 12, line 13 of the striking amendment, after "and" insert "allow a representative from" On page 12, line 15 of the striking amendment, after "commission." insert "If a tribe declines an invitation to serve as a member under this subsection, it may later elect to participate and select a tribal representative to serve as a member as provided in this section." --- END
ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH HILL RUSM 245 1 - Official Print EFFECT: Removes federally recognized tribes with usual and accustomed areas within the jurisdiction of a district or local health board (Board) from the types of tribes who must be allowed a tribal representative to serve as a member on a Board.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1946-S AMH HILL RUSM 245 1 - Official Print EFFECT: Removes federally recognized tribes with usual and accustomed areas within the jurisdiction of a district or local health board (Board) from the types of tribes who must be allowed a tribal representative to serve as a member on a Board.
  • 1946-S AMH HILL RUSM 245 SHB 1946 - H AMD TO H AMD (H-1839.2/25) 892 By Representative Hill ADOPTED 03/12/2025 On page 3, beginning on line 1 of the striking amendment, after "reservation" strike all material through "county," on line 2 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 5, beginning on line 36 of the striking amendment, after "reservation" strike all material through "county," on line 37 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" On page 8, beginning on line 36 of the striking amendment, after "reservation" strike all material through "district," on line 38 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the health district,))" On page 12, beginning on line 6 of the striking amendment, after "reservation" strike all material through "county," on line 7 and insert "((,)) or trust lands, ((or has usual and accustomed areas within the county,))" --- END
1946-S.E AMS LOVE S2733.1

292 • Lovelett

ADOPTED

Plain English: 1946-S.E AMS LOVE S2733.1 ESHB 1946 - S AMD 292 By Senator Lovelett ADOPTED 04/14/2025 On page 3, line 15, after "lands" insert "within the county"1 On page 6, line 9, after "lands" insert "within the county"2 On page 9, line 10, after "lands" insert " within the health 3 district" 4 On page 12, line 21, after "lands" insert "within the county"5 EFFECT: Clarifies that a federally recognized Indian tribe holding reservation or trust lands within the county or health district must be allowed to select a tribal representative to serve on the local board of health or health district board.

  • 1946-S.E AMS LOVE S2733.1 ESHB 1946 - S AMD 292 By Senator Lovelett ADOPTED 04/14/2025 On page 3, line 15, after "lands" insert "within the county"1 On page 6, line 9, after "lands" insert "within the county"2 On page 9, line 10, after "lands" insert " within the health 3 district" 4 On page 12, line 21, after "lands" insert "within the county"5 EFFECT: Clarifies that a federally recognized Indian tribe holding reservation or trust lands within the county or health district must be allowed to select a tribal representative to serve on the local board of health or health district board.
  • END --- Code Rev/MFW:roy 1 S-2733.1/25

Bill History

  1. 2025-03-12 House

    1st substitute bill substituted.

Official Summary Text

Local board of health/tribes

Current Bill Text

Read the full stored bill text
AN ACT Relating to clarifying tribal membership on local boards 1
of health; and amending RCW 70.05.030, 70.05.035, 70.46.020, and 2
70.46.031. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 70.05.030 and 2024 c 37 s 1 are each amended to read 5
as follows: 6
(1) Except as provided in subsection (2) of this section, for 7
counties without a home rule charter, the board of county 8
commissioners and the members selected under (a) and (e) of this 9
subsection, shall constitute the local board of health, unless the 10
county is part of a health district pursuant to chapter 70.46 RCW. 11
For counties without a home rule charter where the board of county 12
commissioners is comprised of five commissioners, the board of county 13
commissioners may adopt an ordinance reducing the number of county 14
commissioners that are members of the local board of health, provided 15
that the board of health includes at least one county commissioner. 16
The jurisdiction of the local board of health shall be coextensive 17
with the boundaries of the county. 18
(a) The remaining board members must be persons who are not 19
elected officials and must be selected from the following categories 20
H-1304.1
HOUSE BILL 1946
State of Washington 69th Legislature 2025 Regular Session
By Representatives Hill, Lekanoff, Reed, Parshley, Pollet, Obras,
Nance, Ormsby, and Macri
Read first time 02/11/25. Referred to Committee on Local Government.
p. 1 HB 1946
consistent with the requirements of this section and the rules 1
adopted by the state board of health under RCW 43.20.300:2
(i) Public health, health care facilities, and providers. This 3
category consists of persons practicing or employed in the county who 4
are: 5
(A) Medical ethicists; 6
(B) Epidemiologists; 7
(C) Experienced in environmental public health, such as a 8
registered sanitarian; 9
(D) Community health workers; 10
(E) Holders of master's degrees or higher in public health or the 11
equivalent; 12
(F) Employees of a hospital located in the county; or13
(G) Any of the following providers holding an active or retired 14
license in good standing under Title 18 RCW: 15
(I) Physicians or osteopathic physicians; 16
(II) Advanced practice registered ((nurse practitioners)) nurses;17
(III) Physician assistants or osteopathic physician assistants;18
(IV) Registered nurses; 19
(V) Dentists; 20
(VI) Naturopaths; or 21
(VII) Pharmacists; 22
(ii) Consumers of public health. This category consists of county 23
residents who have self-identified as having faced significant health 24
inequities or as having lived experiences with public health-related 25
programs such as: The special supplemental nutrition program for 26
women, infants, and children; the supplemental nutrition program; 27
home visiting; or treatment services. It is strongly encouraged that 28
individuals from historically marginalized and underrepresented 29
communities are given preference. These individuals may not be 30
elected officials and may not have any fiduciary obligation to a 31
health facility or other health agency, and may not have a material 32
financial interest in the rendering of health services; and33
(iii) Other community stakeholders. This category consists of 34
persons representing the following types of organizations located in 35
the county: 36
(A) Community-based organizations or nonprofits that work with 37
populations experiencing health inequities in the county;38
(B) Active, reserve, or retired armed services members;39
(C) The business community; or 40
p. 2 HB 1946
(D) The environmental public health regulated community.1
(b) The board members selected under (a) of this subsection must 2
be approved by a majority vote of the board of county commissioners.3
(c) If the number of board members selected under (a) of this 4
subsection is evenly divisible by three, there must be an equal 5
number of members selected from each of the three categories. If 6
there are one or two members over the nearest multiple of three, 7
those members may be selected from any of the three categories. 8
However, if the board of health demonstrates that it attempted to 9
recruit members from all three categories and was unable to do so, 10
the board may select members only from the other two categories.11
(d) There may be no more than one member selected under (a) of 12
this subsection from one type of background or position.13
(e) If a federally recognized Indian tribe holds reservation, 14
trust lands, or has usual and accustomed areas within the county, or 15
if a 501 (c)(3) organization registered in Washington that serves 16
American Indian and Alaska Native people and provides services within 17
the county, the board of health must include a tribal representative 18
((selected by)) from each tribe and each organization and must notify 19
the American Indian health commission. 20
(f) The board of county commissioners may, at its discretion, 21
adopt an ordinance expanding the size and composition of the board of 22
health to include elected officials from cities and towns and persons 23
other than elected officials as members so long as the city and 24
county elected officials do not constitute a majority of the total 25
membership of the board. 26
(g) Except as provided in (a) and (e) of this subsection, an 27
ordinance adopted under this section shall include provisions for the 28
appointment, term, and compensation, or reimbursement of expenses.29
(h) The jurisdiction of the local board of health shall be 30
coextensive with the boundaries of the county. 31
(i) The local health officer, as described in RCW 70.05.050, 32
shall be appointed by the official designated under the provisions of 33
the county charter. The same official designated under the provisions 34
of the county charter may appoint an administrative officer, as 35
described in RCW 70.05.045. 36
(j) The number of members selected under (a) and (e) of this 37
subsection must equal the number of city and county elected officials 38
on the board of health. 39
p. 3 HB 1946
(k) At the first meeting of a district board of health the 1
members shall elect a chair to serve for a period of one year.2
(l) Any decision by the board of health related to the setting or 3
modification of permit, licensing, and application fees may only be 4
determined by the city and county elected officials on the board.5
(2) A local board of health comprised solely of elected officials 6
may retain this composition if the local health jurisdiction had a 7
public health advisory committee or board with its own bylaws 8
established on January 1, 2021. By January 1, 2022, the public health 9
advisory committee or board must meet the requirements established in 10
RCW 70.46.140 for community health advisory boards. Any future 11
changes to local board of health composition must meet the 12
requirements of subsection (1) of this section. 13
Sec. 2. RCW 70.05.035 and 2021 c 205 s 4 are each amended to 14
read as follows: 15
(1) Except as provided in subsection (2) of this section, for 16
home rule charter counties, the county legislative authority shall 17
establish a local board of health and may prescribe the membership 18
and selection process for the board. The membership of the local 19
board of health must also include the members selected under (a) and 20
(e) of this subsection. 21
(a) The remaining board members must be persons who are not 22
elected officials and must be selected from the following categories 23
consistent with the requirements of this section and the rules 24
adopted by the state board of health under RCW 43.20.300:25
(i) Public health, health care facilities, and providers. This 26
category consists of persons practicing or employed in the county who 27
are: 28
(A) Medical ethicists; 29
(B) Epidemiologists; 30
(C) Experienced in environmental public health, such as a 31
registered sanitarian; 32
(D) Community health workers; 33
(E) Holders of master's degrees or higher in public health or the 34
equivalent; 35
(F) Employees of a hospital located in the county; or36
(G) Any of the following providers holding an active or retired 37
license in good standing under Title 18 RCW: 38
(I) Physicians or osteopathic physicians; 39
p. 4 HB 1946
(II) Advanced practice registered ((nurse practitioners)) nurses;1
(III) Physician assistants or osteopathic physician assistants;2
(IV) Registered nurses; 3
(V) Dentists; 4
(VI) Naturopaths; or 5
(VII) Pharmacists; 6
(ii) Consumers of public health. This category consists of county 7
residents who have self-identified as having faced significant health 8
inequities or as having lived experiences with public health-related 9
programs such as: The special supplemental nutrition program for 10
women, infants, and children; the supplemental nutrition program; 11
home visiting; or treatment services. It is strongly encouraged that 12
individuals from historically marginalized and underrepresented 13
communities are given preference. These individuals may not be 14
elected officials and may not have any fiduciary obligation to a 15
health facility or other health agency, and may not have a material 16
financial interest in the rendering of health services; and17
(iii) Other community stakeholders. This category consists of 18
persons representing the following types of organizations located in 19
the county: 20
(A) Community-based organizations or nonprofits that work with 21
populations experiencing health inequities in the county;22
(B) Active, reserve, or retired armed services members;23
(C) The business community; or 24
(D) The environmental public health regulated community.25
(b) The board members selected under (a) of this subsection must 26
be approved by a majority vote of the board of county commissioners.27
(c) If the number of board members selected under (a) of this 28
subsection is evenly divisible by three, there must be an equal 29
number of members selected from each of the three categories. If 30
there are one or two members over the nearest multiple of three, 31
those members may be selected from any of the three categories. 32
However, if the board of health demonstrates that it attempted to 33
recruit members from all three categories and was unable to do so, 34
the board may select members only from the other two categories.35
(d) There may be no more than one member selected under (a) of 36
this subsection from one type of background or position.37
(e) If a federally recognized Indian tribe holds reservation, 38
trust lands, or has usual and accustomed areas within the county, or 39
if a 501 (c)(3) organization registered in Washington that serves 40
p. 5 HB 1946
American Indian and Alaska Native people and provides services within 1
the county, the board of health must include a tribal representative 2
((selected by)) from each tribe and each organization and must notify 3
the American Indian health commission. 4
(f) The county legislative authority may appoint to the board of 5
health elected officials from cities and towns and persons other than 6
elected officials as members so long as the city and county elected 7
officials do not constitute a majority of the total membership of the 8
board. 9
(g) Except as provided in (a) and (e) of this subsection, the 10
county legislative authority shall specify the appointment, term, and 11
compensation or reimbursement of expenses. 12
(h) The jurisdiction of the local board of health shall be 13
coextensive with the boundaries of the county. 14
(i) The local health officer, as described in RCW 70.05.050, 15
shall be appointed by the official designated under the provisions of 16
the county charter. The same official designated under the provisions 17
of the county charter may appoint an administrative officer, as 18
described in RCW 70.05.045. 19
(j) The number of members selected under (a) and (e) of this 20
subsection must equal the number of city and county elected officials 21
on the board of health. 22
(k) At the first meeting of a district board of health the 23
members shall elect a chair to serve for a period of one year.24
(l) Any decision by the board of health related to the setting or 25
modification of permit, licensing, and application fees may only be 26
determined by the city and county elected officials on the board.27
(2) A local board of health comprised solely of elected officials 28
may retain this composition if the local health jurisdiction had a 29
public health advisory committee or board with its own bylaws 30
established on January 1, 2021. By January 1, 2022, the public health 31
advisory committee or board must meet the requirements established in 32
RCW 70.46.140 for community health advisory boards. Any future 33
changes to local board of health composition must meet the 34
requirements of subsection (1) of this section. 35
Sec. 3. RCW 70.46.020 and 2021 c 205 s 5 are each amended to 36
read as follows: 37
(1) Except as provided in subsections (2) and (3) of this 38
section, health districts consisting of two or more counties may be 39
p. 6 HB 1946
created whenever two or more boards of county commissioners shall by 1
resolution establish a district for such purpose. Such a district 2
shall consist of all the area of the combined counties. The district 3
board of health of such a district shall consist of not less than 4
five members for districts of two counties and seven members for 5
districts of more than two counties, including two representatives 6
from each county who are members of the board of county commissioners 7
and who are appointed by the board of county commissioners of each 8
county within the district, and members selected under (a) and (e) of 9
this subsection, and shall have a jurisdiction coextensive with the 10
combined boundaries. 11
(a) The remaining board members must be persons who are not 12
elected officials and must be selected from the following categories 13
consistent with the requirements of this section and the rules 14
adopted by the state board of health under RCW 43.20.300:15
(i) Public health, health care facilities, and providers. This 16
category consists of persons practicing or employed in the health 17
district who are: 18
(A) Medical ethicists; 19
(B) Epidemiologists; 20
(C) Experienced in environmental public health, such as a 21
registered sanitarian; 22
(D) Community health workers; 23
(E) Holders of master's degrees or higher in public health or the 24
equivalent; 25
(F) Employees of a hospital located in the health district; or26
(G) Any of the following providers holding an active or retired 27
license in good standing under Title 18 RCW: 28
(I) Physicians or osteopathic physicians; 29
(II) Advanced practice registered ((nurse practitioners)) nurses;30
(III) Physician assistants or osteopathic physician assistants;31
(IV) Registered nurses; 32
(V) Dentists; 33
(VI) Naturopaths; or 34
(VII) Pharmacists; 35
(ii) Consumers of public health. This category consists of health 36
district residents who have self-identified as having faced 37
significant health inequities or as having lived experiences with 38
public health-related programs such as: The special supplemental 39
nutrition program for women, infants, and children; the supplemental 40
p. 7 HB 1946
nutrition program; home visiting; or treatment services. It is 1
strongly encouraged that individuals from historically marginalized 2
and underrepresented communities are given preference. These 3
individuals may not be elected officials, and may not have any 4
fiduciary obligation to a health facility or other health agency, and 5
may not have a material financial interest in the rendering of health 6
services; and 7
(iii) Other community stakeholders. This category consists of 8
persons representing the following types of organizations located in 9
the health district: 10
(A) Community-based organizations or nonprofits that work with 11
populations experiencing health inequities in the health district;12
(B) Active, reserve, or retired armed services members;13
(C) The business community; or 14
(D) The environmental public health regulated community.15
(b) The board members selected under (a) of this subsection must 16
be approved by a majority vote of the board of county commissioners.17
(c) If the number of board members selected under (a) of this 18
subsection is evenly divisible by three, there must be an equal 19
number of members selected from each of the three categories. If 20
there are one or two members over the nearest multiple of three, 21
those members may be selected from any of the three categories. 22
However, if the board of health demonstrates that it attempted to 23
recruit members from all three categories and was unable to do so, 24
the board may select members only from the other two categories.25
(d) There may be no more than one member selected under (a) of 26
this subsection from one type of background or position.27
(e) If a federally recognized Indian tribe holds reservation, 28
trust lands, or has usual and accustomed areas within the health 29
district, or if a 501 (c)(3) organization registered in Washington 30
that serves American Indian and Alaska Native people and provides 31
services within the health district, the board of health must include 32
a tribal representative ((selected by )) from each tribe and each 33
organization and must notify the American Indian health commission.34
(f) The boards of county commissioners may by resolution or 35
ordinance provide for elected officials from cities and towns and 36
persons other than elected officials as members of the district board 37
of health so long as the city and county elected officials do not 38
constitute a majority of the total membership of the board.39
p. 8 HB 1946
(g) Except as provided in (a) and (e) of this subsection, a 1
resolution or ordinance adopted under this section must specify the 2
provisions for the appointment, term, and compensation, or 3
reimbursement of expenses. 4
(h) At the first meeting of a district board of health the 5
members shall elect a chair to serve for a period of one year.6
(i) The jurisdiction of the local board of health shall be 7
coextensive with the boundaries of the county. 8
(j) The local health officer, as described in RCW 70.05.050, 9
shall be appointed by the official designated under the provisions of 10
the county charter. The same official designated under the provisions 11
of the county charter may appoint an administrative officer, as 12
described in RCW 70.05.045. 13
(k) The number of members selected under (a) and (e) of this 14
subsection must equal the number of city and county elected officials 15
on the board of health. 16
(l) Any decision by the board of health related to the setting or 17
modification of permit, licensing, and application fees may only be 18
determined by the city and county elected officials on the board.19
(2) A local board of health comprised solely of elected officials 20
may retain this composition if the local health jurisdiction had a 21
public health advisory committee or board with its own bylaws 22
established on January 1, 2021. By January 1, 2022, the public health 23
advisory committee or board must meet the requirements established in 24
RCW 70.46.140 for community health advisory boards. Any future 25
changes to local board of health composition must meet the 26
requirements of subsection (1) of this section. 27
(3) A local board of health comprised solely of elected officials 28
and made up of three counties east of the Cascade mountains may 29
retain their current composition if the local health jurisdiction has 30
a public health advisory committee or board that meets the 31
requirements established in RCW 70.46.140 for community health 32
advisory boards by July 1, 2022. If such a local board of health does 33
not establish the required community health advisory board by July 1, 34
2022, it must comply with the requirements of subsection (1) of this 35
section. Any future changes to local board of health composition must 36
meet the requirements of subsection (1) of this section.37
Sec. 4. RCW 70.46.031 and 2021 c 205 s 6 are each amended to 38
read as follows: 39
p. 9 HB 1946
(1) Except as provided in subsection (2) of this section, a 1
health district to consist of one county may be created whenever the 2
county legislative authority of the county shall pass a resolution or 3
ordinance to organize such a health district under chapter 70.05 RCW 4
and this chapter. The resolution or ordinance may specify the 5
membership, representation on the district health board, or other 6
matters relative to the formation or operation of the health 7
district. In addition to the membership of the district health board 8
determined through resolution or ordinance, the district health board 9
must also include the members selected under (a) and (e) of this 10
subsection. 11
(a) The remaining board members must be persons who are not 12
elected officials and must be selected from the following categories 13
consistent with the requirements of this section and the rules 14
adopted by the state board of health under RCW 43.20.300:15
(i) Public health, health care facilities, and providers. This 16
category consists of persons practicing or employed in the county who 17
are: 18
(A) Medical ethicists; 19
(B) Epidemiologists; 20
(C) Experienced in environmental public health, such as a 21
registered sanitarian; 22
(D) Community health workers; 23
(E) Holders of master's degrees or higher in public health or the 24
equivalent; 25
(F) Employees of a hospital located in the county; or26
(G) Any of the following providers holding an active or retired 27
license in good standing under Title 18 RCW: 28
(I) Physicians or osteopathic physicians; 29
(II) Advanced practice registered ((nurse practitioners)) nurses;30
(III) Physician assistants or osteopathic physician assistants;31
(IV) Registered nurses; 32
(V) Dentists; 33
(VI) Naturopaths; or 34
(VII) Pharmacists; 35
(ii) Consumers of public health. This category consists of county 36
residents who have self-identified as having faced significant health 37
inequities or as having lived experiences with public health-related 38
programs such as: The special supplemental nutrition program for 39
women, infants, and children; the supplemental nutrition program; 40
p. 10 HB 1946
home visiting; or treatment services. It is strongly encouraged that 1
individuals from historically marginalized and underrepresented 2
communities are given preference. These individuals may not be 3
elected officials and may not have any fiduciary obligation to a 4
health facility or other health agency, and may not have a material 5
financial interest in the rendering of health services; and6
(iii) Other community stakeholders. This category consists of 7
persons representing the following types of organizations located in 8
the county: 9
(A) Community-based organizations or nonprofits that work with 10
populations experiencing health inequities in the county;11
(B) The business community; or 12
(C) The environmental public health regulated community.13
(b) The board members selected under (a) of this subsection must 14
be approved by a majority vote of the board of county commissioners.15
(c) If the number of board members selected under (a) of this 16
subsection is evenly divisible by three, there must be an equal 17
number of members selected from each of the three categories. If 18
there are one or two members over the nearest multiple of three, 19
those members may be selected from any of the three categories. If 20
there are two members over the nearest multiple of three, each member 21
over the nearest multiple of three must be selected from a different 22
category. However, if the board of health demonstrates that it 23
attempted to recruit members from all three categories and was unable 24
to do so, the board may select members only from the other two 25
categories. 26
(d) There may be no more than one member selected under (a) of 27
this subsection from one type of background or position.28
(e) If a federally recognized Indian tribe holds reservation, 29
trust lands, or has usual and accustomed areas within the county, or 30
if a 501 (c)(3) organization registered in Washington that serves 31
American Indian and Alaska Native people and provides services within 32
the county, the board of health must include a tribal representative 33
((selected by)) from each tribe and each organization and must notify 34
the American Indian health commission. 35
(f) The county legislative authority may appoint elected 36
officials from cities and towns and persons other than elected 37
officials as members of the health district board so long as the city 38
and county elected officials do not constitute a majority of the 39
total membership of the board. 40
p. 11 HB 1946
(g) Except as provided in (a) and (e) of this subsection, a 1
resolution or ordinance adopted under this section must specify the 2
provisions for the appointment, term, and compensation, or 3
reimbursement of expenses. 4
(h) The jurisdiction of the local board of health shall be 5
coextensive with the boundaries of the county. 6
(i) The local health officer, as described in RCW 70.05.050, 7
shall be appointed by the official designated under the provisions of 8
the resolution or ordinance. The same official designated under the 9
provisions of the resolution or ordinance may appoint an 10
administrative officer, as described in RCW 70.05.045.11
(j) At the first meeting of a district board of health the 12
members shall elect a chair to serve for a period of one year.13
(k) The number of members selected under (a) and (e) of this 14
subsection must equal the number of city and county elected officials 15
on the board of health. 16
(l) Any decision by the board of health related to the setting or 17
modification of permit, licensing, and application fees may only be 18
determined by the city and county elected officials on the board.19
(2) A local board of health comprised solely of elected officials 20
may retain this composition if the local health jurisdiction had a 21
public health advisory committee or board with its own bylaws 22
established on January 1, 2021. By January 1, 2022, the public health 23
advisory committee or board must meet the requirements established in 24
RCW 70.46.140 for community health advisory boards. Any future 25
changes to local board of health composition must meet the 26
requirements of subsection (1) of this section. 27
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p. 12 HB 1946