§ 19a-200 — (Formerly Sec. 19-75). City, borough and town directors of health. Environmental health specialists. Authorized agents.

Connecticut § 19a-200

• Jurisdiction: Connecticut
• Title 19a: Public Health and Well-Being
• Ch. 368e: Municipal Health Authorities

Text

(a) The mayor of each city, the chief executive officer of each town and the warden of each borough shall, unless the charter of such city, town or borough otherwise provides, nominate some person to be director of health for such city, town or borough. Such person shall possess the qualifications specified in subsection (b) of this section. Upon approval of the Commissioner of Public Health, such nomination shall be confirmed or rejected by the board of selectmen, if there be such a board, otherwise by the legislative body of such city or town or by the burgesses of such borough within thirty days thereafter. (b) Notwithstanding the charter provisions of any city, town or borough with respect to the qualifications of the director of health, on and after October 1, 2010, any person nominated to be a director of health shall (1) be a licensed physician and hold a degree in public health from an accredited school, college, university or institution, or (2) hold a graduate degree in public health from an accredited institution of higher education. The educational requirements of this section shall not apply to any director of health nominated or otherwise appointed as director of health prior to October 1, 2010. (c) In cities, towns or boroughs with a population of forty thousand or more for five consecutive years, according to the most recent federal decennial census, or, in intervening years between such censuses, the most recent estimate of the Department of Public Health, such director of health shall serve in a full-time capacity, except where a town has designated such director as the chief medical advisor for its public schools under section 10205. (d) No director shall, during such director's term of office, have any financial interest in or engage in any employment, transaction or professional activity that is in substantial conflict with the proper discharge of the duties required of directors of health by the general statutes or the regulations of Connecticut state agencies or specified by the appointing authority of the city, town or borough in its written agreement with such director. A written agreement with such director shall be submitted to the Commissioner of Public Health by such appointing authority upon such director's appointment or reappointment. (e) Such director of health shall have and exercise within the limits of the city, town or borough for which such director is appointed all powers necessary for enforcing the general statutes, provisions of the regulations of Connecticut state agencies relating to the preservation and improvement of the public health and preventing the spread of diseases therein. (f) In case of the absence or inability to act of a city, town or borough director of health or if a vacancy exists in the office of such director, the appointing authority of such city, town or borough may, with the approval of the Commissioner of Public Health, designate in writing a suitable person to serve as acting director of health during the period of such absence or inability or vacancy and such person's start date. The commissioner may appoint such acting director if the city, town or borough fails to do so. The person so designated, when sworn, shall have all the powers and be subject to all the duties of such director. (g) In case of vacancy in the office of such director, if such vacancy exists for sixty days, said commissioner may appoint a director of health for such city, town or borough. The person so designated, when sworn, shall (1) be considered an employee of the city, town or borough, and (2) have all the powers and be subject to all the duties of such director. (h) In case of the absence or inability to act of a city, town or borough director of health during a public health emergency declared pursuant to section 19a-131a , the appointing authority of such city, town or borough shall, with the approval of the Commissioner of Public Health, designate in writing a suitable person to serve as acting director of health during the period of such absence or inability or vacancy and such person's start date. If the city, town or borough fails to appoint such acting director of health, or fails to notify the commissioner of such appointment within thirty days, the commissioner shall appoint an acting director who meets the qualifications specified in subsection (b) of this section. The person designated as acting director of health pursuant to this subsection, when sworn, shall (1) be considered an employee of the city, town or borough, and (2) have all the powers and be subject to all the duties of such director. (i) Said commissioner, may, for cause, remove an officer the commissioner or any predecessor in said office has appointed, and the common council of such city, town or the burgesses of such borough may, respectively, for cause, remove a director whose nomination has been confirmed by them, provided such removal shall be approved by said commissioner; and, within two days thereafter, notice in writing of such action shall be given by the clerk of such city, town or borough, as the case may be, to said commissioner, who shall, within ten days after receipt, file with the clerk from whom the notice was received, approval or disapproval. (j) Each such director of health shall hold office for the term of four years from the date of appointment and until a successor is nominated and confirmed in accordance with this section. (k) Each director of health shall, annually, at the end of the fiscal year, submit a report to the Department of Public Health detailing the activities of such director during the preceding fiscal year. (l) On and after July 1, 1988, each city, town and borough shall provide for the services of an environmental health specialist licensed under chapter 395 to work under the direction of the local director of health. Where practical, the local director of health may act as the environmental health specialist. (m) As used in this chapter, “authorized agent” means an environmental health specialist licensed under chapter 395 and any individual certified for a specific program of environmental health by the Commissioner of Public Health in accordance with the general statutes and regulations of Connecticut state agencies.

Legislative History

(1949 Rev., S. 3848; 1971, P.A. 325, S. 1; 1972, P.A. 65; 239, S. 2; P.A. 75-352; 75-573, S. 1; P.A. 77-598, S. 1; 77-614, S. 323, 610; P.A. 78-303, S. 63, 136; P.A. 84-26, S. 1; P.A. 87-521, S. 1; June Sp. Sess. P.A. 91-12, S. 12; P.A. 92-8, S. 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 99-125, S. 2; P.A. 10-117, S. 45; P.A. 16-66, S. 40; P.A. 18-168, S. 58; P.A. 21-35, S. 20; P.A. 24-68, S. 21; 24-132, S. 10.) History: 1971 act included directors of health for towns nominated by town chief executive officer; 1972 acts deleted general requirement that nominees be “discreet” and “learned in medical and sanitary science”, requiring instead that all nominees be licensed physicians or possessors of “graduate” degree in public health “including at least sixty hours in local public health administration”, required that in places with population of 40,000 or more, director must not engage in private practice, required confirmation or rejection of nominee by “legislative body” rather than by “common council” and modified requirement that health director devote full time to duties by allowing him to serve as chief medical advisor for public schools; P.A. 75-352 made qualifications for health director mandatory “notwithstanding the charter provisions of any city, town or borough” with respect to such qualifications; P.A. 75-573 specified action on nomination to be taken by board of selectmen if there is one; P.A. 77-598 clarified reference to appointment of interim director in cases where vacancy exists in the office; P.A. 77-614 replaced commissioner and department of health with commissioner and department of health services, effective January 1, 1979; P.A. 78-303 required approval of training and experience of health directors by commissioner rather than public health council and removed provision requiring consent of public health council for removal of officer; Sec. 19-75 transferred to Sec. 19a-200 in 1983; P.A. 84-26 authorized the appointing authority of a city, town or borough to appoint an acting director of health during a period of absence, inability or vacancy in the office provided the commissioner may appoint such director if the local authority fails to do so; P.A. 87-521 redefined powers of the director of health to include those necessary to enforce applicable statutes and provisions of the health code and added Subsecs. (b) and (c) re sanitarians and authorized agents; June Sp. Sess. P.A. 91-12 amended Subsec. (a) to require that department use its own estimated population figures rather than those of the latest federal census; P.A. 92-8 amended Subsec. (a) to require a full-time director of health in towns with a population of 40,000 or more for five consecutive years; P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 99-125 amended Subsec. (a) by requiring directors in cities, towns or boroughs with a population of 40,000 or more to “serve in a full-time capacity” rather than “devote his entire time to the duties of his office” and making technical changes; P.A. 10-117 amended Subsec. (a) by requiring that on and after October 1, 2010, any person nominated to be director of health shall be a licensed physician with a degree in public health or hold a graduate degree in public health, by deleting former training and experience requirements and by exempting persons appointed or nominated to be director of health prior to October 1, 2010, from revised educational requirements; P.A. 16-66 amended Subsec. (a) to replace provision re engaging in private practice with provision re director not to have financial interest in or engage in any employment, transaction or professional activity that substantially conflicts with proper discharge of duties during director's term of office, effective July 1, 2016; P.A. 18-168 amended Subsec. (a) by making technical changes and replacing “school, college or institution” with “institution of higher education”, and replacing “Public Health Code” with “regulations of Connecticut state agencies”, amended Subsec. (b) by replacing “municipality” with “city, town and borough”, and replacing “certified” with “licensed”, and amended Subsec. (c) by replacing “certified” with “licensed”, and replacing “Public Health Code” with “general statutes and regulations of Connecticut state agencies”, effective July 1, 2018; P.A. 21-35 amended Subsec. (a) by adding provisions re director of health qualifications and re approval of Commissioner of Public Heath, designated existing provision re nominee qualifications as new Subsec. (b), designated existing provision re cities, towns or boroughs with population of 40,000 or more as new Subsec. (c), designated existing provision re substantial conflict as Subsec. (d) and amended same to add provision re submission of written agreement, designated existing provision re powers as Subsec. (e), designated existing provision re absence or inability to act as Subsec. (f) and amended the same to add provision re inclusion of start date, designated existing provision re vacancy as Subsec. (g) and amended the same to replace 30 days with 60 days re length of vacancy and add provision re when person designated is sworn, added Subsec. (h) re absence or inability to act during public health emergency, designated existing provision re removal as Subsec. (i), designated existing provision re term as Subsec. (j), designated existing provision re annual report as Subsec. (k), redesignated existing Subsecs. (b) and (c) as Subsecs. (l) and (m), and made technical and conforming changes, effective July 1, 2021; P.A. 21-121 amended Subsec. (a) by adding provisions re director of health qualifications and re approval of Commissioner of Public Heath, designated existing provision re nominee qualifications as new Subsec. (b), designated existing provision re cities, towns or boroughs with population of 40,000 or more as new Subsec. (c), designated existing provision re substantial conflict as Subsec. (d) and amended same to add provision re submission of written agreement, designated existing provision re powers as Subsec. (e), designated existing provision re absence or inability to act as Subsec. (f) and amended the same to add provision re inclusion of start date, designated existing provision re vacancy as Subsec. (g) and amended the same to replace 30 days with 60 days re length of vacancy and add provision re when person designated is sworn, designated existing provision re removal as Subsec. (h), codified by the Revisors as Subsec. (i), designated existing provision re term as Subsec. (i), codified by the Revisors as Subsec. (j), designated existing provision re annual report as Subsec. (j), codified by the Revisors as Subsec. (k), redesignated existing Subsecs. (b) and (c) as Subsecs. (k) and (l), codified by the Revisors as Subsecs. (l) and (m), and made technical and conforming changes, effective July 1, 2021; P.A. 24-68 amended Subsecs. (l) and (m) by replacing references to sanitarian with references to environmental health specialist, effective July 1, 2024; P.A. 24-132 made a technical change in Subsec. (c), effective July 1, 2024. Annotations to former section 19-75: Requires appointment of single official by method pointed out. 74 C. 695. Origin and effect of exception as to special charters. 86 C. 61. Borough health officer can make lawful quarantine order. Id., 680. A term fixed by statute cannot be changed by the appointing power; history of statute; when commencement of term fixed by the appointment first made, each term commences at end of preceding term. 121 C. 300. Distinction between de jure and de facto vacancy; respective power of mayor and county health office to appoint city health officer discussed. 3 CS 154. Annotations to present section: Section makes a distinction between qualifications required for a director of health, who must either be a licensed physician and hold a degree in public health or hold a graduate degree in public health, and those for acting director of health, stating that an acting director of health need only be suitable. 221 CA 223.