Board of Health/Health Officer

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TITLE X
PUBLIC HEALTH


CHAPTER 128
TOWN HEALTH OFFICERS


Section 128:1

    128:1 Appointment. –  The commissioner of the department of health and human services shall appoint as health officer for each town such person as the selectmen of the town recommend, and the commissioner of the department of health and human services shall issue to the health officer a certificate of appointment; but, if no recommendation is made within 15 days after notice, the commissioner may appoint a health officer without such recommendation.

Source. 1915, 27:1. PL 126:1. RL 148:1. RSA 128:1. 1995, 310:182, 183. 1997, 200:4, eff. Aug. 17, 1997.


Section 128:2

    128:2 Residence. –  Said health officer shall be a resident of the state. The commissioner of the department of health and human services may appoint any qualified person to act in unorganized localities.

Source. 1915, 27:1. PL 126:2. RL 148:2. 1947, 51:1. RSA 128:2. 1995, 310:182, eff. Nov. 1, 1995.


Section 128:3

    128:3 Secretary of Local Board. –  The health officer shall be the secretary and executive officer of, and, with the selectmen, shall constitute the local board of health for the town.

Source. 1915, 27:2, 3. PL 126:3. RL 148:3. RSA 128:3. 1997, 200:5, eff. Aug. 17, 1997.


Section 128:4

    128:4 Term; Removal. –  The health officer shall hold office for 3 years or until a successor is appointed. The commissioner of the department of health and human services may remove the health officer for cause at any time after notice and hearing, and may fill the vacancy in such office by appointment as provided in RSA 128:1.

Source. 1915, 27:3. PL 126:4. RL 148:4. RSA 128:4. 1995, 310:182. 1997, 200:6, eff. Aug. 17, 1997.


Section 128:5

    128:5 Duties; Compensation. –  The town health officer: 
    I. Shall enforce the public health laws and rules. 
    II. Shall make such sanitary investigations as may be directed by the local board of health, or as may be required by the department of health and human services. 
    III. May, upon reasonable information, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter upon private property, but not into any living quarters, to investigate and, if necessary, take appropriate action to prevent further pollution. 
    IV. Shall receive for the health officer's services the compensation fixed by the selectmen or the town, except as otherwise provided. 
    V. May, if duly appointed to serve any New Hampshire town, serve temporarily at the request of the governing body of any other New Hampshire town and may perform any lawful duties within that other town. For those duties performed at the request of such town, all compensation, expenses and liability coverage shall be incumbent upon the requesting town. For the purposes of this paragraph, "temporarily'' means 30 calendar days or fewer.

Source. 1915, 27:4. PL 126:5. RL 148:5. RSA 128:5. 1985, 401:38. 1995, 310:181. 1997, 200:7. 2012, 15:1, eff. June 22, 2012.


Section 128:5-a

    128:5-a Entry Authorized for Investigation. – 
    I. A health officer of a town or the health officer's agent shall not be guilty of criminal trespass pursuant to RSA 635:2 when conducting an investigation of sanitary conditions on private property without the consent of the owner, regardless of whether or not the property is designated a secured premises. 
    II. The authority to enter private property without the consent of the owner for investigation of sanitary conditions does not include the right to enter into any living quarters situated on private property.

Source. 1985, 401:39. 1997, 200:8, eff. Aug. 17, 1997.


Section 128:5-b

    128:5-b Deputy Health Officer. –  When a health officer has been appointed under the provisions of RSA 128:1, such officer may, subject to the approval of the selectmen and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as the health officer may direct or as may be required by the department of health and human services. The deputy health officer shall receive such compensation from the town as the selectmen of the town shall fix.

Source. 1997, 200:9, eff. Aug. 17, 1997.


Section 128:6

    128:6 Officer for Several Towns. –  Upon recommendation of the selectmen of each of several towns the commissioner of the department of health and human services may, in the commissioner's discretion, appoint any qualified person resident of the state as health officer for all of said towns, and such health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix.

Source. 1931, 90:3. RL 148:6. 1947, 51:2. RSA 128:6. 1995, 310:182. 1997, 200:10, eff. Aug. 17, 1997.


Section 128:6-a

    128:6-a Deputy Health Officer. –  In case where a health officer has been appointed under the provisions of RSA 128:6 for several towns, such officer may, subject to the approval of the selectmen of the several towns and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as said health officer may direct or as may be required by the department of health and human services. Said deputy health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix.

Source. 1959, 184:1. 1995, 310:181, 182, eff. Nov. 1, 1995.


Section 128:7

    128:7 Where Statute Inapplicable. –  This chapter shall not apply to cities.

Source. 1915, 27:5. PL 126:6. RL 148:7.

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