(a) The commissioner of health may adopt rules and regulations subject to this chapter.
(b) The commissioner is empowered to adopt, promulgate and enforce, with the concurrence
of the comptroller of the treasury and the commissioner of finance and administration,
rules and regulations establishing fees and charges for any public health service,
including, but not limited to, licenses, permits, or authorizations rendered pursuant
to, or required by, any statute administered by the department of health. Any and all recipients of public health services shall be responsible for payment
of same. The commissioner is empowered to promulgate regulations to reduce or eliminate fees
for any classification or classifications of services, based upon recipients' condition
or ability to pay. All fees received for the performance of services shall be retained by the district,
municipal or county health department rendering the service, subject to the prior
approval of the commissioner. Any fees received by the state department of health, and any fees not retained by
the district, municipal or county health department, shall be deposited with the state
treasurer in accordance with the provisions set forth in § 9-2-127. Any fees retained by district, municipal or county public health departments are
to be applied toward the cost of providing or expanding the service or evaluating
and processing the license, permit or other authorization, and the district, municipal
or county department shall provide an accounting to the state of all such fees retained
by that department, in such manner as shall be determined by the commissioner. With the approval of the commissioner, district, municipal and county public health
departments may establish fees and charges in excess of, or less than, fees and charges
set by the commissioner. Any fee for services performed by the municipal, county or district public health
departments not included on the fee schedule prepared by the commissioner shall be
established by the district, municipal or county public health department. The amount of any fee established by the commissioner or by a district, municipal
or county public health department under this section shall not exceed the cost of
providing the service.
(c) Rules and regulations establishing fees shall be in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.