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Local Health Officer Training
Section 4: Appointments and Duties
Limits to Duties Under Title 22 M.R.S.A. §454-A
Under Title 22 M.R.S.A. §454-A, the LHO is "authorized" or permitted to carry out a particular task, or take action to fix a problem. Title 22 M.R.S.A. §454-A sets the limits of your authority, and the extent of your authority to act in resolving public health threats and nuisances. The actual language states that your authority extends to complaints, nuisances, and threats that can result in any condition or behavior that can reasonably be expected to place others at significant risk of exposure to infection with a communicable disease.
Other municipal officials, such as, animal control officers, local plumbing inspectors, and code enforcement officers have responsibilities and duties similar to yours. You may oftentimes call one of these three positions to assist you. When you receive a complaint, the general duties of an LHO imply you are responsible for assessing the situation and taking appropriate steps to correct the problem. However, you are not necessarily responsible for determining the remedy on your own.
The LHO considering action must ask the question based on law: Is this a situation "that can reasonably be expected to place others at significant risk of exposure to infection with a communicable disease"?
In Section 4 Part I we covered:
- Appointment & Qualifications of the LHO
- Qualifications and Training
- Statutory Duties
- Examples of Likely Complaints
- Limits of Duties
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