Montana Attorney General Opinion 15-106

Opinion No. 106 County Commissioners-Powers-Poor -l\fedical Aid- Tonsils- Adenoids- County Physician. HELD: The board of county com- missioners has no authority to ad'-er- tise for bids for the removal of di- seased tonsils and adenoids from in- digent children. March 8, 19.3.3. You have requested my opinion 011 the right of the county to pay for oper- ations on children suffering from di- seased tonsils and adenoids, and you :mhmit to this office for an opinion, the following questions. "1. Is the board of county commis- sioners authorized to expend county funds under authority of subdivision 5 of Chapter 100 of the IDBI Session Laws amending SectiOIl 4465 of the Hevised Codes of 1!)21? "2. If the said board has such au- thority is it necessary to advertise for bids'!" Subdivision 5 of Section 4465 as amended by Chapter 100 of the Laws of 19B1 is as follows: "To provide for the care and main- tenance of the indigent sick, or the otherwise dependent poor of the coun- ty; erect and maintain hospitals therefor, or otherwise provide for the same, and to levy the necessary tax therefor per capita, not exceeding Two ($2.00) Dollars and a tax on property not exceeding three-fifths (B-5) of one per cent (1%) or either of such le,-ies when both are not required, and to expend not to exceed fh-e per cent (5%) of any such levy for the collection of said tax, or of any part thereof." Sections 4521 to 4541, R. C. M. H)21, relate to the various phases of the dut- ies of the board of countv commission- ers in caring for the indigent poor. Section 4522 is as follows: "EYery person without means, who is unable to earn a lh-elihood in cOli- sequence of bodil~- infirmity, idioc~·. lunacy, or other cause, must be sup- ported by the father, grandfather, mother, grandmother, children, grand- children, brothers, or sisters of such poor person, if they, or either of t·hem, be of sufficient ability, in the order named; and every person who fails or refuse to support his or her father. grandfather, mot her, grandmother, chi.Jd, sister, or brother, in the order named, when directed by the hoard of county commissioners of the county where such poor person is found, whether such relative reside in the county or not, must pay to the county, for the use of such person, the sum . of thirty dollars pel- month, which may be recovered in the name of the county." A poor person, or one entitled to pub- lic aid, has been described by statutes of almost all the states and the defini- tion given below is about the concensus of the various opinions that have been rendered on this point: "The phrase 'poor person' as used in the statute has a settled legal signification, and is ap- plied to those who may rightfully claim alms from the public hountv. Its meaning is the same as that of vaupel' or indigent person.'" Warren County \'. Osborn, 4 Ind. API>. 590; 31 N. ]~. 541. With these laws as a guide, the board of county commissioners should be able to determine who is a poor person. (See also Opinion No. 76, this volume). OPIXIOXS OF THE A'I"l'OlC\'EY GEXEHAL 85 Section 4527, R. C. 1\1. 1921, pro\'ides that the board in its December meet- ing must make a contract with some physician for the care of the indigent sick. "r e find no other pro\ision which we think is applicable. You will obsen'e that the section re- fers to "medical" attention but does not mention "surgical" attention. How- ever, you will find an opinion in Yol- ume 5, Reports and Official Opinions of the Attorney General, page 385, .holding that "medical attention" in- ch,Hles "surgical operations". I am in- dined to agree with that opinion. As a matter of administrative interpreta- tion we note that county physicians constantly do minor surgery and now and then a minor operation as a part uf their contract. If yuur contract with the county phy- sician is not broad enough to cover the operations yon have in mind we think it can be modified or amended so as to make it broad enough. However, we cannot advise you upon the extent of the contract without having it before us.