Section He-P 902.01 - Appointment Process of a Health Officer for a Town or for Several Towns(a) The selectmen of a town shall recommend to the commissioner a person for nomination as a health officer or deputy health officer by submitting to the department a completed "Health Officer and/or Deputy Health Officer Nomination Form" (March 2023).(b) If several towns are to use one health officer between them, then the selectmen of those towns shall recommend to the commissioner a person for nomination as a health office or deputy health officer by submitting to the department a completed "Health Officer and/or Deputy Health Officer Nomination Form" (March 2023).(c) 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.(d) The results of the request shall be submitted to the commissioner or commissioner's designee for review to determine if there are any prior convictions that: (1) Could disqualify such person; or(2) Interfere with the performance of their duties.(e) The commissioner shall suspend, until action is taken pursuant to (f) below, any nomination for a town health officer if a criminal background check results in evidence of a criminal conviction for any offenses relating to:(1) Aggregated felonious sexual assault;(2) Felonious sexual assault;(4) First degree assault;(5) Second degree assault;(6) Criminal threatening;(8) Endangering the welfare of a child or incompetent;(9) Indecent exposure or lewdness;(10) Possession of child sex abuse images;(11) Offenses relating to obscene matter involving a child;(12) Controlled drug act;(13) Any offense involving theft;(14) Any offense involving fraud;(15) Otherwise poses a threat to the health, safety, or well-being of residents to be served; or(16) Any other criminal offense that interferes with the performance of a health officer's duties.(f) If a nominee's criminal background check reveals a conviction for any of the criminal offenses listed above, the commissioner in consultation with the municipality, shall take into consideration the following when deciding whether to approve or deny the nomination:(1) The municipality's commitment to and faith in the nominee;(2) The nominee's explanation and circumstances;(3) The nature and gravity of the offense;(4) The length of time since the criminal conviction; (5) Whether the conviction has been annulled; and(6) Any exceptional or mitigating circumstances.(g) If approved, the commissioner shall notify the appointee and issue a certificate of appointment within 30 days.(h) The commissioner shall appoint any qualified person as defined in He-P 901.02(g), to act in unorganized localities as a health officer when a complaint is received by the department and requires an investigation, response, or both.N.H. Admin. Code § He-P 902.01
Derived from Number 15, Filed April 13, 2023, Proposed by #13604, Effective 3/28/2023, Expires 3/28/2033 (See Revision Note at chapter heading for He-P 900).