§ 23-35-03 — Boards of health

1. The department shall advise boards of health.
2. A city's, county's, or tribe's governing body may establish a public health unit by
creating and appointing a board of health, which in the case of a city, may be
composed of the city's governing body, or in the case of a tribe, may be composed of
the tribal council or governing body. A board of health must have at least five
members.
a. In the case of a board of health created by a joint board of county commissioners,
each county in the health district must have at least one representative on the
board; each county of over fifteen thousand population must have an additional
representative for each fifteen thousand population or major fraction of that
number; and in a health district of fewer than five counties, each county must
have at least one representative on the district board of health, and the additional
representatives selected to constitute the minimum five-member board must be
equitably apportioned among the counties on a population basis.
b. In the case of a joint city-county health district composed of only one county and
having at least one city over fifteen thousand population, each city having a
population over fifteen thousand must have a representative on the district board
of health for each fifteen thousand population or major fraction of that number,
and the remaining population of the county, exclusive of the populations of cities
with more than fifteen thousand each, must have a representative on the district
board of health for each fifteen thousand population or major fraction of that
number, or at least one member if the remaining population is less than fifteen
thousand.
3. The initial members of any board of health appointed by a governing body must be
appointed for terms as follows: at least one for one year, one for two years, one for
three years, one for four years, and one for five years. If a board has more than five
members, the members must be appointed for staggered terms. All subsequent
appointments are for five-year terms. Each board member shall serve until a
successor is appointed and qualified. If a vacancy occurs, the appointing government
authority shall appoint a member for the remainder of the unexpired term. Each
appointee shall qualify by filing the oath of office. A board of health may not be all male
or all female. If the members of a governing body serve on a board of health or if an
employee of a governing body serves on a board of health, this subsection does not
apply to those governing body members and that employee.

4. A board of health shall meet at least quarterly. Special meetings may be held at any
time at the call of the president.
5. Except if the governing body serves as the board of health, at the first meeting after
appointment, and annually, the members of a board of health shall organize by
electing a president, a vice president, and other officers the board considers
necessary. If there is a treasurer and the treasurer is not a public employee, the
treasurer must be bonded in an amount fixed by the board. If the health officer is not
appointed to the board, the health officer does not have a vote in matters of the board.
The office of secretary and treasurer may be combined.
6. The appointing authority shall establish the rate of compensation for board members
and actual expenses incurred by board members may be reimbursed at the official
reimbursement rates of the appointing authority.