Title X, Public Health

The board shall appoint some discreet person, possessing the qualifications hereinafter specified, to be health officer for such district. If the district health officer shall not be elected within 60 days from the formation of any such district, or in case a vacancy in said offi…

The district health officer shall have a bachelor's or graduate degree in public health, medicine, sanitary engineering, environmental health, microbiology, or general sanitation and at least one year of work experience in the field of public health. The district health officer s…

The district treasurer shall disburse the money received from the towns and cities in the district and from other sources upon warrants approved by a majority of the board and signed by the chairperson and secretary. The treasurer shall give bond to the district for the faithful …

The district health officer shall be the executive officer of the district department of health and shall appoint all necessary assistants or clerks subject to the approval of the board. Such employees shall perform such duties as shall be prescribed by the district health office…

Any town, or city councils of any city, at any legal meeting, may grant and vote such sums of money as it shall judge necessary for the purpose of paying the apportionment of said town or city as a member of any district department of health.

The commissioner of the department of health and human services shall appoint as health officer for each town such person as the selectmen of the town recommend, and the commissioner of the department of health and human services shall issue to the health officer a certificate of…

The commissioner of the department of health and human services may adopt administrative rules for implementation of this chapter pursuant to RSA 541-A.

Beginning November 1, 2021, and annually thereafter, the New Hampshire health officers association, in consultation with the department of health and human services, shall report to the joint legislative oversight committee on health and human services, established in RSA 126-A:1…

The commissioner of the department of health and human services may appoint any qualified person to act in unorganized localities as a health officer.

The health officer shall be the secretary and executive officer of, and, with the selectmen, shall constitute the local board of health for the town. The local board of health for each town shall meet at least once every year, and as frequently as needed, to review the state of l…

The health officer shall hold office for 3 years or until a successor is appointed. The commissioner of the department of health and human services may remove the health officer for cause at any time after notice and hearing, and may fill the vacancy in such office by appointment…

The town health officer: I. Shall enforce the public health laws and rules. II. Shall make such sanitary investigations as may be directed by the local board of health, or as may be required by the department of health and human services. III. May, upon reasonable information, pe…

I. A health officer of a town or the health officer's agent shall not be guilty of criminal trespass pursuant to RSA 635:2 when conducting an investigation of sanitary conditions on private property without the consent of the owner, regardless of whether or not the property is de…

When a health officer has been appointed under the provisions of RSA 128:1, such officer may, subject to the approval of the selectmen and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforc…

Upon recommendation of the selectmen of each of several towns the commissioner of the department of health and human services may, in the commissioner's discretion, appoint any qualified person as health officer for all of said towns, and such health officer shall receive such co…

In case where a health officer has been appointed under the provisions of RSA 128:6 for several towns, such officer may, subject to the approval of the selectmen of the several towns and the commissioner of the department of health and human services, appoint a deputy health offi…

This chapter shall not apply to cities.

Within one year of appointment every health officer shall complete a minimum of 3 hours of training on topics related to the specific state laws that provide authority to health officers. The training shall be administered at no cost to the municipality by the department of healt…

Each municipality shall request and obtain a criminal history record information request from the department of safety, as a prerequisite to any nomination of a health officer or deputy health officer, in order to determine if there are any prior convictions that may disqualify s…

Town and city health officers shall be entitled to receive the actual expenses incurred by them in attending the yearly meeting of the New Hampshire Health Officers Association, the same to be audited by the selectmen of towns and the finance committee of cities respectively and …

As used in this chapter: I. "Child" or "children" means a person or persons 72 months of age or less. II. "Child care facility" means a facility required to be licensed under the provisions of RSA 170-E:4. III. "Commissioner" means the commissioner of the department of health and…

For the purpose of carrying out the provisions of this chapter and of other statutes the enforcement of which rests with the department of health and human services, said department may employ persons to be known as inspectors, sanitarians, sanitary engineers and other agents. Th…

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. Qualifications and procedures for licensure of lead inspectors, lead risk assessors, and lead abatement contractors, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other stat…

I. The department shall implement and enforce the provisions of this chapter throughout the state. II. Notwithstanding the provisions of paragraph I, any municipality which adopts this chapter by a majority vote of its local governing body, as defined in RSA 672:6, may assume ful…

I. (a) A license to perform as a lead abatement contractor, lead inspector, or lead risk assessor, shall be issued in writing by the department in accordance with rules adopted under RSA 130-A:10, I. The license shall be valid for 12 months from the date of issuance, shall contai…

The commissioner may, if necessary, institute a program requiring the notification to the department of all inspections for lead base substances carried out by lead inspectors, risk assessments carried out by lead risk assessors, and of all lead hazard reduction activities conduc…

The commissioner, after notice and opportunity for a hearing, and pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $5,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Reh…

There is hereby established the lead poisoning prevention fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees, fines, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to implement a…

Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each day that a violation exists. When lead hazard reduction has been ordered, the period of violation shall be calculated from the last date for reduction stated in the order issued under …

I. Either the attorney general or the commissioner may bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter, rules adopted under this chapter, or orders issued pursuant to th…

Owners of pre-1978 rental housing and childcare facilities shall take reasonable care to prevent exposure to, and the creation of, lead hazards. Notwithstanding any provision of law to the contrary, the mere presence of a lead base substance shall not constitute negligence on the…

I. The commissioner shall: (a) License in accordance with RSA 130-A:12, I, or deny or revoke the licensure of, any lead inspector, lead risk assessor, or lead abatement contractor advertising, offering or otherwise making available services in the state of New Hampshire, whether …

I. Any laboratory performing blood lead analysis on adults or children residing in New Hampshire shall report, in accordance with rules adopted under RSA 130-A:10, test results of such analysis. II. Using the data provided under paragraph I, the department shall annually determin…

The inspectors shall investigate food manufacturing processes and food products offered, or to be offered, for sale in this state, and may take samples of food for examination at the laboratories of the department of health and human services. The department may determine the foc…

Any health care provider or organization conducting capillary blood tests, including, but not limited to community action programs, shall inform the department of such fact and shall provide a fact sheet prepared by the department to the parent or guardian of any child whose test…

It shall be unlawful for any person to use or apply, or cause to be used or applied, in any child care facility, dwelling or dwelling unit any paint containing more than 0.06 percent lead.

The inspectors shall, under the direction of the department of health and human services, investigate local sanitary conditions, in conjunction with and upon request of local boards of health, in cases where such expert advice is deemed necessary by the department of health and h…

I. The commissioner shall investigate cases of lead poisoning in children reported under RSA 141-A whose blood lead level meets or exceeds 5 micrograms per deciliter of whole venous blood. The commissioner may also conduct investigations when there is reason to believe that a lea…

In addition to the specific duties herein prescribed, the inspectors shall perform such other duties in connection with public health matters as the department of health and human services shall direct.

All health care providers who provide primary medical care shall conduct blood testing of all one and 2-year old patients to determine a blood lead level. A health care provider shall not be liable for not performing a test for blood lead level when a parent or guardian has been …

If by 2017 fewer than 85 percent of one-year olds and 2-year olds in the following categories of children are receiving blood lead level tests, the department shall adopt rules, pursuant to RSA 541-A, to require that all health care providers who provide primary medical care to y…

All parents or legal guardians shall have their children who are residing in this state tested for blood lead level at the ages of one and 2. A child shall be exempt from this required blood lead level testing if a parent or legal guardian objects to such testing and provides a s…

After July 1, 2024, the following shall require certification of lead safety pursuant to this chapter prior to being used as either a residential rental unit or as a day care facility: I. Newly-constructed rental units within buildings erected prior to January 1, 1978. For the pu…

I. The commissioner may, as part of an investigation conducted under RSA 130-A:5, conduct an inspection of any leased or rented dwelling or dwelling unit during business hours, or at a time mutually agreed upon with the owner or the owner's agent, for the purposes of identifying …

Said inspectors, sanitarians, sanitary engineers and other agents are hereby authorized and empowered to seize for use as evidence and without warrant, and seal from further use, any article or commodity found being sold, distributed, stored or employed in the processing of any f…

I. The department shall notify in writing the owner or registered agent of an owner of a dwelling or dwelling unit where the child resides if a blood lead level of 3 to 9.9 micrograms per deciliter is found in the child's blood. Such notice to the property owner shall specify tha…