Title 18, Title 18: Health

§ 107. Life and health of inhabitants; inspections; investigations (a) The Commissioner shall take cognizance of the interest of the life and health of the inhabitants of the State, shall make or cause to be made inspections, investigations, and inquiries respecting causes of dis…

§ 108. Water supply; sanitation When requested, or when, in the Commissioner’s opinion, it is necessary, the Commissioner shall advise with municipal officers in regard to drainage, water supply, and sewerage of towns and villages and in regard to the erection, construction, heat…

§ 109. The Commissioner exercising powers of local board of health or health officer The Commissioner, in the Commissioner’s discretion, may exercise all the powers and authority, in each town and village, that is given to a local health officer or board of health. (Amended 1959,…

§ 111. Forms for reports of infectious and contagious diseases The Commissioner shall devise and furnish health officers suitable forms upon which to make reports of infectious and contagious diseases. The Commissioner shall also devise and furnish forms for physicians to report …

§ 112. Circulars of information The Department shall prepare and distribute to local boards of health, physicians, and other persons such printed circulars as it deems necessary and such rules as the Department may adopt and the Commissioner thereof shall give information relativ…

§ 113. Services and expenditures; cooperation with other agencies; attendance upon meetings The Commissioner may perform such services and incur such expenditures as the Commissioner deems necessary for the protection of the public health and may cooperate with health agencies of…

§ 115. Public health surveillance assessment and planning (a) The Department of Health may, in the discretion of the Commissioner, accept for treatment children who have chronic diseases or developmental disabilities. (b) The Commissioner of Health is authorized to: (1) study the…

§ 116. Mother and child health service; training of nurses and workers (a) The Commissioner shall continue the existing health service for mothers and children established in a manner harmonious with Parts One and Two of Title V of the Act of Congress approved August 14, 1935 and…

§ 117. Chronic fatigue syndrome (a) The Commissioner of Health shall establish a statewide network of resources to provide education through the distribution of information regarding persons with chronic fatigue syndrome, also known as chronic fatigue immune dysfunction syndrome …

§ 120. Contract for payment of certain health benefits The Commissioner may contract with a private organization to process the payment of in-patient hospital care, and physician, radiological, and other medical costs related thereto under the maternal, child health, and children…

§ 121. Issuance of search warrants (a) Upon application by a health officer or a law enforcement officer, a District or Superior Court judge shall, upon a finding of probable cause, issue a warrant to search a premises for violation of any State or local health statute, rule, ord…

§ 122. Private right of action (a) Any person injured or damaged by a violation of this title, of a rule adopted pursuant to this title, or of a permit or order issued thereunder, or by a public health hazard may bring an action for equitable relief or damages arising from such v…

§ 123. Revocation of permits (a) The Commissioner may, after notice and opportunity for hearing, revoke, modify, or suspend any permit issued pursuant to the Commissioner’s authority under this title if the Commissioner finds that: (1) the permit holder submitted materially false…

§ 124. Voluntary compliance (a) When appropriate, the health officer shall make all practicable efforts to secure voluntary compliance. This requirement shall not restrict the health officer’s authority to use any enforcement powers authorized by this title or the common law. (b)…

§ 125. Assurance of discontinuance (a) In any case where the Commissioner has authority to institute an action or proceeding against a person under this title, the Commissioner may, in lieu thereof, accept from such person an assurance that the violation, or the action or inactio…

§ 126. Health orders (a) The Commissioner or the selectboard may issue a health order to: (1) prevent, remove, or destroy any public health hazard; (2) mitigate a significant public health risk; (3) correct any violation of this title or any rules adopted pursuant to this title; …

§ 127. Emergency health orders (a) A health officer may, without a prior hearing, issue an emergency health order when necessary to prevent, remove, or destroy an imminent and substantial public health hazard or to mitigate an imminent and substantial significant public health ri…

§ 128. Appeal (a) Any person aggrieved by an act, decision, or order of the Commissioner, local board of health, or selectboard pursuant to this title may appeal within 30 days to the Superior Court of the county in which such person resides or maintains a place of business. The …

§ 129. Stay An appeal filed pursuant to section 128 of this title shall not stay the effectiveness of the order appealed from unless the Court otherwise orders. (Added 1985, No. 267 (Adj. Sess.), § 13; amended 2023, No. 53, § 35, eff. June 8, 2023.)

§ 130. Civil enforcement (a) The Commissioner, or a local board of health, may bring an action in the Superior Court of the county in which a violation or a public health hazard or public health risk has occurred or is occurring, to enforce the provisions of this title, or the ru…

§ 131. Criminal penalty (a) Any person who violates a provision of this title or who fails or neglects to obey or comply with an order or the terms of a permit issued under this title shall be fined not more than $5,000.00. Each violation shall be a separate offense and, in the c…