Maine Revised Statutes Title 22 Sec. 451 – Appointment
Current as of: 2023 | Check for updates
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The following provisions govern the appointment and employment of local health officers. [PL 2007, c. 462, §1 (NEW).]
1. Role of municipality. Every municipality in the State shall employ a local health officer who is appointed by the municipal officers of that municipality. A person may be appointed and employed as a local health officer by more than one municipality.
[PL 2007, c. 462, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 451
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
- Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Qualifications. The local health officer must be qualified by education, training or experience in the field of public health or a combination as determined by standards adopted by department rule no later than June 1, 2008. A person who is employed as a local health officer who is not qualified by education, training or experience must meet qualification standards adopted by department rule no later than 6 months after appointment. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2?A.
[PL 2007, c. 598, §5 (AMD).]
3. Duration of appointment; notification. A local health officer is appointed for a term of 3 years and until that officer’s successor is appointed. The municipal officers shall appoint a successor within 30 days of any resignation or expiration of term. The municipal officers or clerk of each municipality shall within 10 days notify the department in writing of the appointment of a local health officer. Notification to the department must include the local health officer’s name, age and address and the dates of the appointment and the beginning of the 3-year term. A local health officer in a town or plantation contiguous to unorganized territory shall perform the duties of a local health officer in that territory.
[PL 2007, c. 462, §1 (NEW).]
4. Incapacity or absence. In the event of incapacity or absence of the local health officer, the municipal officers shall appoint a person to act as local health officer during that incapacity or absence. The chair of the municipal officers shall perform the duties of a local health officer until the regular local health officer is returned to duty or another person has been appointed and employed. In a municipality with a manager form of government, when the charter so provides, the appointments provided for in this subsection may be made by the manager and the duties prescribed for the chair of the municipal officers during incapacity or absence of the local health officer are performed by the manager.
[PL 2007, c. 462, §1 (NEW).]
5. Conflict of interest. A person may not be appointed to hold office as a local health officer or to serve as a member of the local board of health under section 453 if that person has a pecuniary interest, directly or indirectly, in any corporation or other entity over which that officer or board has general supervision.
[PL 2007, c. 462, §1 (NEW).]
6. Duties. Local health officers may be employed on a part-time or full-time basis. The offices of local health officer and town or school physician may be combined when, in the opinion of the municipal officers, the health needs of the public would be better served.
[PL 2007, c. 462, §1 (NEW).]
7. Associate health officers. Municipal officers may appoint one or more associate health officers, as defined in section 411, subsection 1?A, to assist the local health officer perform the local health officer’s duties during an actual or threatened epidemic or other public health threat. An associate health officer is not required to meet the qualifications set out in subsection 2 or in rules applicable to local health officers adopted by the department. An associate health officer must work under the direct supervision of the local health officer.
[PL 2023, c. 46, §2 (NEW).]
SECTION HISTORY
PL 1981, c. 703, §A7 (AMD). PL 1989, c. 487, §3 (AMD). PL 2007, c. 462, §1 (RPR). PL 2007, c. 598, §5 (AMD). PL 2023, c. 46, §2 (AMD).