OH ST § 3701.02, R.C. § 3701.02
3701.02 COMPOSITION OF DEPARTMENT OF HEALTH
There is hereby created a department of health. The department shall
consist of a director of health and a public health council.
NOTES OF DECISIONS AND OPINIONS
Constitutional issues 1 Duties of
department 3 Regulations 2
1. Constitutional issues
GC 1232 (RC 3701.02), GC 1234 (RC 3701.33), GC 1235 (RC 3701.34), and
GC 1236 (RC 3701.35), which create a state department of health, a
public council, and authorize such public council to make and amend
sanitary regulations of general application throughout the state and to
provide for the certification, publication, and enforcement of such
regulations are lawful and a valid exercise of legislative power; thus,
a sanitary code, which authorizes the quarantine, examination, and
detention of persons reasonably suspected of having a venereal disease
for the protection of public health, does not violate O Const Art I §5
or violate GC 13031-17 (former RC 2905.28). Ex parte Company (Ohio 1922)
106 Ohio St. 50, 139 N.E. 204, 1 Ohio Law Abs. 10, 20 Ohio Law Rep. 426.
2. Regulations
It is the duty of the state department of health to adopt rules and
regulations governing the installation of plumbing and sanitary
equipment in buildings located on state owned property, and to see that
such rules and regulations are followed. 1940 OAG 1921.
Such sanitary regulations and rules relating to public health,
sanitation and quarantine as may be deemed necessary to protect and
preserve the public health and prevent the spread of communicable and
other disease applicable generally throughout the state, and especially
to and within state owned buildings and property, should be adopted by
the public health council, and it is the duty of the state director of
health to administer the rules and regulations so adopted. 1940 OAG
1921.
It is the duty of local boards of health, health authorities and
officials, officers of state institutions, police officers, sheriffs,
constables and other law enforcement officers and employees of any
county, city, or township to enforce at the instance of the state
department of health, the quarantine and sanitary rules and regulations
adopted by said department. 1940 OAG 1921.
3. Duties of department
Responsibility for public health service on and within state owned
property rests primarily with the state department of health. 1940 OAG
1921.
