Section 3-43-2 - Municipal health department; duties of director; jurisdiction of district health officer. - New Mexico Statutes

3-43-2. Municipal health department; duties of director; jurisdiction of district health officer.

A.     The municipality may employ a municipal public health director. The qualifications of the municipal health director shall be established by the governing body but shall not be less than a master of public health degree or an equivalent degree from an institution of higher learning accredited by the American Public Health Association.   

B.     The municipal public health director shall execute those activities and programs which have been subject to approval by the state board of public health and adopted by ordinance by a municipality having a municipal health department. The jurisdiction and power of the district health officer does not include those activities and programs which have been subject to approval by the state board of health and adopted by ordinance by a municipality having a municipal health department.   

C.     Providing such jurisdiction does not conflict with state or federal law, the jurisdiction of the municipal public health director includes the municipality and any area providing goods and services affecting health within the municipality.   

D.     In addition, the municipal public health director shall:   

(1)     within his jurisdiction and in subordination to the state department of public health [department of health], possess the same powers with respect to the preservation of the public health and the administration and enforcement of the health laws as those conferred upon the state department of public health  [department of health];   

(2)     enforce all rules and regulations promulgated by the state board of public health [department of health];   

(3)     be under its supervision and control;   

(4)     make such reports to the state department of public health [department of health] as it directs; and   

(5)     perform such duties and execute such policies and programs which the municipality has adopted by ordinance.