Skip to content
The COVID Project
  1. Library
  2. Standing duties: West Virginia
  3. DUT-WV-003

Ex. DUT-WV-003 Standing duty Primary source read

W. Va. Code § 16-2-11

Local board of health; powers and duties

West Virginia Legislature (codified statute) · West Virginia (State)

The COVID Project

The record

Jurisdiction
West Virginia
Level
State
Authority
W. Va. Code § 16-2-11
Issued
2021-03-04 Mar. 4, 2021
Effective
In force throughout 2020 Q2 to 2021 Q3 (as amended from June 2, 2021) (read as 2021-06-02)
End
standing (read as 2021-09-30)
In force
Standing since June 2, 2021 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing dutyOperating condition
Addressees
  • local boards of health; through them, every person, business and premises within the service area subject to the public health laws
Character
statutory duty
Collection
Standing duties: West Virginia DUT-WV

Operative words

(a) A local board of health... shall: (1) Provide the following basic public health services...:... (C) Communicable or reportable disease prevention and control including disease surveillance, case investigation and follow-up, outbreak investigation, response to epidemics...;... (8) Enforce the public health laws of this state and any other laws of this state applicable to the local board

Penalty

Violations prosecuted under W. Va. Code § 16-2-15 (Ex. DUT-WV-005)

What it required

Every local board of health to conduct 'outbreak investigation' and 'response to epidemics,' to administer 'general sanitation' and the sanitation of 'food and milk' and 'institutions, and recreation' ((a)(1)(B)), and to 'Enforce the public health laws of this state'; under (a)(3) the Commissioner 'may enforce all public health laws of this state... and the rules and orders of the local board' when 'a public health emergency exists or when the local board fails or refuses to enforce public health laws and rules necessary to prevent and control the spread of a communicable or reportable disease dangerous to the public health.'

Retrieval note

The 2021 amendment (Ex. WV-081) restructured local rulemaking after the Monongalia County instruments of 2020 (Exs. WV-082 to WV-084); it left the board's enforcement duty in (a)(8) and the Commissioner's emergency enforcement power in (a)(3) in place. The text printed on Sept. 29, 2026 is the current text; the duties quoted are in the pre-2021 text as recited by the 2021 act's amendatory language.