§ 68-2-601 — County board of health - Members - Powers and duties

(a) The county legislative body of each county may establish a board of health. The board shall consist of the following: (1) The county mayor; (2) The director of schools or a designee appointed annually by the director; (3) Two (2) physicians licensed to practice in the state of Tennessee, who shall be nominated by the medical society serving that county; (4) One (1) dentist licensed to practice dentistry in the state of Tennessee, who shall be nominated by the dental society serving that county; (5) One (1) pharmacist licensed to practice in the state of Tennessee, who shall be nominated by the pharmaceutical society serving that county; (6) One (1) registered nurse licensed to practice in the state of Tennessee, who shall be nominated by the nurses association serving that county; (7) The county health director and the county health officer shall serve as ex officio members to the board, with the county health director serving as secretary to the board. In the absence of a duly appointed county health director, the county health officer shall serve as secretary. In the absence of the duly appointed county health officer, the commissioner of health or the commissioner's designee shall serve in that capacity. The board shall elect a chair at its first meeting and annually thereafter. It is the duty of the chair to call all meetings of the board; (8) The county legislative body may, by resolution, provide for the election of a doctor of veterinary medicine as an additional member of the county board of health. The county legislative body may also, by resolution, provide for the election of a citizen representative as another additional member of the county board of health. The citizen representative shall not, at the time of such citizen representative's election, previous to such citizen representative's election, nor during the term of such citizen representative's office, be a health provider or the spouse of a health provider; and (9) In the event a nomination is not timely made, the county legislative body may proceed to elect an otherwise qualified member. (b) All members, except ex officio members, shall be residents of the county. In the event that the required members are not available from within the county to serve on the board of health, the board would remain duly constituted. (c) The members shall be appointed by the county legislative body for a term of four (4) years. All vacancies shall be filled by the legislative body to serve the remainder of the unexpired term. A majority of the board shall constitute a quorum. (d) The county legislative body may remove an appointed member for cause. (e) In counties which fail to establish an active board of health pursuant to subsection (a), the commissioner of health may establish a health advisory committee to function as provided in § 68-2-802 ; however, the commissioner or the commissioner's designee retains all powers and duties of the board of health. (f) (1) Except as provided in § 68-2-611 , under advisement of the county board of health under subdivisions (f)(2)(B) and (C), the county mayor has the power to issue orders as are necessary or appropriate to protect the general health and safety of county residents. (2) The powers and duties of county boards of health are to: (A) Govern the policies of full-time county health departments established in accordance with this chapter; (B) Advise the county mayor on the enforcement of such rules and regulations as may be prescribed by the commissioner essential to the control of preventable diseases and the promotion and maintenance of the general health of the county; (C) Advise the county mayor on the adoption of rules and regulations as may be necessary or appropriate to protect the general health and safety of the citizens of the county; and (D) Require that an annual budget be prepared and, when this budget has been approved by the county board of health, submit the same to the county legislative body for consideration and subsequent provision of necessary funds to meet all obligations under the adopted budgets. (g) This part does not grant a county board of health the power to prohibit or regulate agriculture as defined in § 1-3-105 . (h) County health departments shall not regulate agriculture as defined in § 1-3-105 , except as otherwise authorized under state law. (i) A county health department or board of health of a county in existence prior to July 1, 1985, remains in existence after November 12, 2021. The regulations of such departments and boards remain in full force in effect to the extent such regulations do not conflict with this part.

Legislative History

Amended by 2021EX3 Tenn. Acts, ch. 4, Secs.s4, s7 eff. 11/12/2021. Amended by 2021 Tenn. Acts, ch. 550, s 1, eff. 5/26/2021. Amended by 2021 Tenn. Acts, ch. 106, s 1, eff. 4/7/2021. Acts 1985, ch. 172, § 1; 1999, ch. 397, § 1; 2003 ch. 90, § 2; Acts 2003 , ch. 90, § 2.