§ 130A-35. County board of health; appointment; terms.
§ 130A‑35. County boardof health; appointment; terms.
(a)Â Â Â Â Â Â Â A county board ofhealth shall be the policy‑making, rule‑making and adjudicatorybody for a county health department.
(b)Â Â Â Â Â Â Â The members of acounty board of health shall be appointed by the county board of commissioners.The board shall be composed of 11 members. The composition of the board shallreasonably reflect the population makeup of the county and shall include: onephysician licensed to practice medicine in this State, one licensed dentist,one licensed optometrist, one licensed veterinarian, one registered nurse, onelicensed pharmacist, one county commissioner, one professional engineer, andthree representatives of the general public. Except as otherwise provided inthis section, all members shall be residents of the county. If there is not alicensed physician, a licensed dentist, a licensed veterinarian, a registerednurse, a licensed pharmacist, or a professional engineer available forappointment, an additional representative of the general public shall beappointed. If however, one of the designated professions has only one personresiding in the county, the county commissioners shall have the option ofappointing that person or a member of the general public. In the event alicensed optometrist who is a resident of the county is not available forappointment, then the county commissioners shall have the option of appointingeither a licensed optometrist who is a resident of another county or a memberof the general public.
(c)Â Â Â Â Â Â Â Except as providedin this subsection, members of a county board of health shall serve three‑yearterms. No member may serve more than three consecutive three‑year termsunless the member is the only person residing in the county who represents oneof the professions designated in subsection (b) of this section. The countycommissioner member shall serve only as long as the member is a countycommissioner. When a representative of the general public is appointed due tothe unavailability of a licensed physician, a licensed dentist, a residentlicensed optometrist or a nonresident licensed optometrist as authorized bysubsection (b) of this section, a licensed veterinarian, a registered nurse, alicensed pharmacist, or a professional engineer, that member shall serve onlyuntil a licensed physician, a licensed dentist, a licensed resident ornonresident optometrist, a licensed veterinarian, a registered nurse, alicensed pharmacist, or a professional engineer becomes available forappointment. In order to establish a uniform staggered term structure for theboard, a member may be appointed for less than a three‑year term.
(d)Â Â Â Â Â Â Â Vacancies shall befilled for any unexpired portion of a term.
(e)Â Â Â Â Â Â Â A chairperson shallbe elected annually by a county board of health. The local health directorshall serve as secretary to the board.
(f)Â Â Â Â Â Â Â Â A majority of themembers shall constitute a quorum.
(g)Â Â Â Â Â Â Â A member may beremoved from office by the county board of commissioners for:
(1)Â Â Â Â Â Â Â Commission of afelony or other crime involving moral turpitude;
(2)Â Â Â Â Â Â Â Violation of a Statelaw governing conflict of interest;
(3)Â Â Â Â Â Â Â Violation of awritten policy adopted by the county board of commissioners;
(4)Â Â Â Â Â Â Â Habitual failure toattend meetings;
(5)Â Â Â Â Â Â Â Conduct that tendsto bring the office into disrepute; or
(6)Â Â Â Â Â Â Â Failure to maintainqualifications for appointment required under subsection (b) of this section.
A board member may be removedonly after the member has been given written notice of the basis for removaland has had the opportunity to respond.
(h)Â Â Â Â Â Â Â A member mayreceive a per diem in an amount established by the county board ofcommissioners. Reimbursement for subsistence and travel shall be in accordancewith a policy set by the county board of commissioners.
(i)Â Â Â Â Â Â Â Â The board shallmeet at least quarterly. The chairperson or three of the members may call aspecial meeting. Â (1901,c. 245, s. 3; Rev., s. 4444; 1911, c. 62, s. 9; C.S., s. 7604; 1931, c. 149;1941, c. 185; 1945, c. 99; c. 1030, s. 2; 1947, c. 474, s. 3; 1951, c. 92;1957, c. 1357, s. 1; 1963, c. 359; 1967, c. 1224, s. 1; 1969, c. 719, s. 1;1971, c. 175, s. 1; c. 940, s. 1; 1973, c. 137, s. 1; c. 1151; 1975, c. 272;1979, c. 621; 1981, c. 104; 1983, c. 891, s. 2; 1985, c. 418, s. 1; 1987, c.84, s. 1; 1989, c. 764, s. 2; 1995, c. 264, s. 1; 2009‑447, s. 1.)