§ 130A-37. District board of health.
§130A‑37. District board of health.
(a) A district board ofhealth shall be the policy‑making, rule‑making and adjudicatorybody for a district health department and shall be composed of 15 members;provided, a district board of health may be increased up to a maximum number of18 members by agreement of the boards of county commissioners in all countiesthat comprise the district. The agreement shall be evidenced by concurrentresolutions adopted by the affected boards of county commissioners.
(b) The county board ofcommissioners of each county in the district shall appoint one countycommissioner to the district board of health. The county commissioner membersof the district board of health shall appoint the other members of the board,including at least one physician licensed to practice medicine in this State,one licensed dentist, one licensed optometrist, one licensed veterinarian, oneregistered nurse, one licensed pharmacist, and one professional engineer. Thecomposition of the board shall reasonably reflect the population makeup of theentire district and provide equitable district‑wide representation. Allmembers shall be residents of the district. If there is not a licensedphysician, a licensed dentist, a licensed optometrist, a licensed veterinarian,a registered nurse, a licensed pharmacist, or a professional engineer availablefor appointment, an additional representative of the general public shall beappointed. If however, one of the designated professions has only one personresiding in the district, the county commissioner members shall have the optionof appointing that person or a member of the general public.
(c) Except as providedin this subsection, members of a district board of health shall serve terms ofthree years. Two of the original members shall serve terms of one year and twoof the original members shall serve terms of two years. No member shall servemore than three consecutive three‑year terms unless the member is theonly person residing in the district who represents one of the professionsdesignated in subsection (b) of this section. County commissioner members shallserve only as long as the member is a county commissioner. When arepresentative of the general public is appointed due to the unavailability ofa licensed physician, a licensed dentist, a licensed optometrist, a licensedveterinarian, a registered nurse, a licensed pharmacist, or a professionalengineer that member shall serve only until a licensed physician, a licenseddentist, a licensed optometrist, a licensed veterinarian, a registered nurse, alicensed pharmacist, or a professional engineer becomes available forappointment. The county commissioner members may appoint a member for less thana three‑year term to achieve a staggered term structure.
(d) Whenever a countyshall join or withdraw from an existing district health department, thedistrict board of health shall be dissolved and a new board shall be appointedas provided in subsection (c).
(e) Vacancies shall befilled for any unexpired portion of a term.
(f) A chairpersonshall be elected annually by a district board of health. The local healthdirector shall serve as secretary to the board.
(g) A majority of themembers shall constitute a quorum.
(h) A member may beremoved from office by the district board of health for:
(1) Commission of afelony or other crime involving moral turpitude;
(2) Violation of a Statelaw governing conflict of interest;
(3) Violation of awritten policy adopted by the county board of commissioners of each county inthe district;
(4) Habitual failure toattend meetings;
(5) Conduct that tendsto bring the office into disrepute; or
(6) 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.
(i) A member mayreceive a per diem in an amount established by the county commissioner membersof the district board of health. Reimbursement for subsistence and travel shallbe in accordance with a policy set by the county commissioner members of thedistrict board of health.
(j) The board shallmeet at least quarterly. The chairperson or three of the members may call aspecial meeting.
(k) A district board ofhealth is authorized to provide liability insurance for the members of theboard and the employees of the district health department. A district board ofhealth is also authorized to contract for the services of an attorney torepresent the board, the district health department and its employees, asappropriate. The purchase of liability insurance pursuant to this subsectionwaives both the district board of health's and the district health department'sgovernmental immunity, to the extent of insurance coverage, for any act oromission occurring in the exercise of a governmental function. By entering intoa liability insurance contract with the district board of health, an insurerwaives any defense based upon the governmental immunity of the district boardof health or the district health department. (1957, c. 1357, s. 1; 1969,c. 719, s. 2; 1971, c. 175, s. 2; c. 940, s. 1; 1973, c. 143, ss. 1‑4; c.476, s. 128; 1975, c. 396, s. 1; 1981, cc. 104, 238, 408; 1983, c. 891, s. 2;1983 (Reg. Sess., 1984), c. 1077; 1985, c. 418, s. 2; 1987, c. 84, s. 2; 1989,c. 764, s. 3; 1995, c. 264, s. 2.)