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This entry was published on 2014-09-22
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SECTION 326
Local health officer; temporary or acting; appointment; compensation; powers
Public Health (PBH) CHAPTER 45, ARTICLE 3, TITLE 2
§ 326. Local health officer; temporary or acting; appointment;
compensation; powers. 1. (a) A health officer with the consent of the
board of health in a town or village, and with the consent of the board
or official having power to appoint a health officer in a city, may
appoint a person who meets the qualifications contained in the sanitary
code to act as health officer during his temporary absence or incapacity
on account of illness or other cause for a period not exceeding three
months.

(b) In the event that the health officer fails to, or is physically
incapable of appointing a qualified person to act as health officer
during his temporary absence or incapacity, then the board of health in
a town or village or the board or official having power to appoint a
health officer in a city, shall appoint a qualified person to act as
health officer during the temporary absence or incapacity of the regular
health officer, for a period not exceeding three months.

(c) If any local board of health fails to appoint an acting health
officer pursuant to this section then the commissioner may appoint a
qualified person to serve as such health officer during the absence or
incapacity of the health officer, for a period not exceeding three
months.

2. The health officer, or the board of health or other official, who
appoints a qualified person to act as health officer pursuant to this
section, shall report immediately in writing to the department the name
and address of the person so appointed.

3. An acting health officer, during the period for which he is
appointed, shall have all the rights, powers and duties imposed upon the
health officer by this chapter and the sanitary code.

4. The board of health in a town or village and the board or officer
having authority to fix the salary of a health officer in a city may
allow such compensation as it deems reasonable covering such temporary
service. The appointment of an acting health officer in a case where the
regular health officer shall have been appointed jointly by two or more
local boards of health for two or more towns or villages shall be with
the consent of the appointing local boards, and the compensation of such
acting health officer shall be allowed and paid in the same manner as
the fixed compensation of the regular health officer.