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TOWN HEALTH OFFICERS

RSA tit. X, ch. 128
in effect

RSA 128:1 Appointment.

128:1. Appointment. 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 appointment. The appointed officer shall provide the department with sufficient and complete contact information to be readily accessible as needed. Upon the expiration of the officer's term, or upon his or her removal, death, or resignation or the occurrence of a vacancy in the office for any reason, the selectmen shall recommend a replacement as soon as reasonably practicable; but if no recommendation is made within 15 days after notice, the commissioner may appoint a health officer without such recommendation. Source. 1915, 27:1. PL 126:1. RL 148:1. RSA 128:1. 1995, 310:182, 183. 1997, 200:4, eff. Aug. 17, 1997. 2021, 61:1, eff. June 4, 2021.

RSA 128:2 Residence.

128:2. Residence. The commissioner of the department of health and human services may appoint any qualified person to act in unorganized localities as a health officer. Source. 1915, 27:1. PL 126:2. RL 148:2. 1947, 51:1. RSA 128:2. 1995, 310:182, eff. Nov. 1, 1995. 2021, 61:2, eff. June 4, 2021.

RSA 128:3 Secretary of Local Board.

128:3. Secretary of Local Board. 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 local public health issues and concerns and provide information, as requested, to the department of health and human services, on the readiness to address relevant public health threats at the local or regional levels. Source. 1915, 27:2, 3. PL 126:3. RL 148:3. RSA 128:3. 1997, 200:5, eff. Aug. 17, 1997. 2021, 61:3, eff. June 4, 2021.

RSA 128:4 Term; Removal.

128:4. Term; Removal. 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 as provided in RSA 128:1. Source. 1915, 27:3. PL 126:4. RL 148:4. RSA 128:4. 1995, 310:182. 1997, 200:6, eff. Aug. 17, 1997.

RSA 128:5 Duties; Compensation.

128:5. Duties; Compensation. 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, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter upon private property, but not into any living quarters, to investigate and, if necessary, take appropriate action to prevent further pollution. IV. Shall receive for the health officer's services the compensation fixed by the selectmen or the town, except as otherwise provided. V. May, if duly appointed to serve any New Hampshire town, serve temporarily at the request of the governing body of any other New Hampshire town and may perform any lawful duties within that other town. For those duties performed at the request of such town, all compensation, expenses and liability coverage shall be incumbent upon the requesting town. For the purposes of this paragraph, "temporarily" means 30 calendar days or fewer. Source. 1915, 27:4. PL 126:5. RL 148:5. RSA 128:5. 1985, 401:38. 1995, 310:181. 1997, 200:7. 2012, 15:1, eff. June 22, 2012.

RSA 128:5-a Entry Authorized for Investigation.

128:5-a. Entry Authorized for Investigation. 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 designated a secured premises. II. The authority to enter private property without the consent of the owner for investigation of sanitary conditions does not include the right to enter into any living quarters situated on private property. Source. 1985, 401:39. 1997, 200:8, eff. Aug. 17, 1997.

RSA 128:5-b Deputy Health Officer.

128:5-b. Deputy Health Officer. 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 enforce public health laws and regulations and make such sanitation investigations as the health officer may direct or as may be required by the department of health and human services. The term of the deputy health officer shall expire with that of the health officer, or may be extended with the approval of the board of selectmen, in consultation with the commissioner of the department of health and human services or designee, until the health officer vacancy is filled. The deputy health officer shall receive such compensation from the town as the selectmen of the town shall fix. Source. 1997, 200:9, eff. Aug. 17, 1997. 2021, 61:4, eff. June 4, 2021.

RSA 128:6 Health Officer for Several Towns.

128:6. Health Officer for Several Towns. 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 compensation from each town as the selectmen thereof or the town shall fix. Source. 1931, 90:3. RL 148:6. 1947, 51:2. RSA 128:6. 1995, 310:182. 1997, 200:10, eff. Aug. 17, 1997. 2021, 61:5, eff. June 4, 2021.

RSA 128:6-a Deputy Health Officer.

128:6-a. Deputy Health Officer. 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 officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as said health officer may direct or as may be required by the department of health and human services. Said deputy health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix. Source. 1959, 184:1. 1995, 310:181, 182, eff. Nov. 1, 1995.

RSA 128:7 Where Statute Inapplicable.

128:7. Where Statute Inapplicable. This chapter shall not apply to cities. Source. 1915, 27:5. PL 126:6. RL 148:7.

RSA 128:8 Training and Qualifications.

128:8. Training and Qualifications. 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 health and human services in collaboration with the New Hampshire health officers association (NHHOA). The curriculum shall cover, but not be limited to, duties and responsibilities of the health officer as required on rental housing standards pursuant to RSA 48-A:3, I(c), assessment and management of health nuisances pursuant to RSA 147, and duties pursuant to RSA 128:5. The required training may be taken in person, or through a remote learning platform as provided by the department of health and human services. Municipalities shall cover reasonable costs of attending the NHHOA training subject to the provisions of RSA 129:1. Source. 2021, 61:6, eff. June 4, 2021.

RSA 128:9 Background Check.

128:9. Background Check. 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 such person or interfere with the performance of his or her duties. Each municipality shall employ its discretion when reviewing background checks in accordance with its own established hiring practices. Appointments shall be subject to oversight of the commissioner of the department of health and human services, or the commissioner's designee. Source. 2021, 61:6, eff. June 4, 2021. 2024, 167:1, eff. Sept. 1, 2024.

RSA 128:10 Administrative Rulemaking.

128:10. Administrative Rulemaking. The commissioner of the department of health and human services may adopt administrative rules for implementation of this chapter pursuant to RSA 541-A. Source. 2021, 61:6, eff. June 4, 2021.

RSA 128:11 Reporting Requirement.

128:11. Reporting Requirement. 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:13, and the state health assessment and state health improvement plan advisory council, established in RSA 126-A:88, regarding the readiness of municipal health officers to respond to potential public health threats in New Hampshire. Source. 2021, 61:6, eff. June 4, 2021.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-128.htmFetched: 10/20/2026

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