scribed by the commissioner. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.)

health

tions

§ 2-a. Public health council. There shall be a public Public health council to consist of the commissioner of health, council and six members hereinafter called the appointive members, to be appointed by the governor, of whom at least three shall be physicians and shall have had training Qualificaor experience in sanitary science, and one shall be a sanitary engineer. Of the appointive members first Term of appointed one shall hold office until January first, office nineteen hundred and fourteen, one until January first, nineteen hundred and fifteen, one until January first, nineteen hundred and sixteen, one until January first, nineteen hundred and seventeen, one until January first, nineteen hundred and eighteen, and one until January first, nineteen hundred and nineteen, and the terms of office of members thereafter appointed, except to fill vacancies, shall be six years. Vacancies shall be Vacancies filled by appointment for the unexpired term. The public health council shall meet as frequently as its Meetings business may require, and at least twice in each year. The governor shall designate one of the members of the public health council as its chairman. The commis- Chairman sioner of health upon the request of the public health council shall detail an officer or employee of the department of health to act as secretary of the public secretary health council, and shall detail from time to time such other employees as the public health council may require. The public health council shall enact and from time to time may amend by-laws in relation to its meetings and the transaction of its business. The members of the public health council other than the commissioner of health shall each receive an annual salary of one thousand dollars and all members shall be reimbursed for their reasonable and necessary travel- Salaries ing and other expenses incurred in the performance of

and

Sanitary code

Copies of regulations

their official duties. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

§ 2-b. Sanitary code. The public health council shall have power by the affirmative vote of a majority of its members to establish and from time to time amend sanitary regulations, hereinafter called the sanitary code, without discrimination against any licensed physicians. The sanitary code may deal with any matters affecting the security of life or health or the preservation and improvement of public health in the state of New York, and with any matters as to which jurisdiction is hereinafter conferred upon the public health council. The sanitary code may include provisions regulating the practice of midwiferyt and for the promotion of health in any or all Indian reservations.

Every regulation adopted by the public health council

to be filed, shall state the date on which it takes effect, and a sent to copy thereof, duly signed by the secretary of the public officers and health council, shall be filed in the office of the secretary

health

published

Violation of code a. misdemeanor

Not to relate to New York city

of state, and a copy thereof shall be sent by the com. missioner of health to each health officer within the state, and shall be published in such manner as the public health council may from time to time determine. The provisions of the sanitary code shall have the force and effect of law and any violation of any portion thereof may be declared to be a misdemeanor.‡ No provision of the sanitary code shall relate to the city of New York or any portion thereof, and every provision of the sanitary code shall apply to and be effective in all portions of the state except the city of New York unless stated otherwise. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

§ 2-c. Enforcement of sanitary code. The provisions of the sanitary code shall, as to matters to which it relates, and in the territory prescribed therefor by the

† See Chap. IV, Sanitary Code, p. 344

See Sanitary Code, Chap. I, Reg. 2, p. 303

sedes local

regu

public health council, supersede all local ordinances Code superheretofore or hereafter enacted inconsistent therewith. ordinances Each city, town or village may, in the manner hereinafter prescribed, enact sanitary regulations not incon- Local sanisistent with the sanitary code established by the public tary health council. The public health council shall have power to prescribe by regulations the qualifications of Council directors of divisions, sanitary supervisors, local health to preofficers hereafter appointed and public health nurses. qualifica

The actions, proceedings and authority of the state health department in enforcing the provisions of the public health law and sanitary code applying them to specific cases shall at all times be regarded as in their nature judicial, and shall be treated as prima facie just and legal. All meetings of said public health council shall in every suit and proceeding be taken to have been duly called and regularly held, and all regulations and proceedings to have been duly authorized unless the contrary be proved.

lations

scribe

tions

The public health council shall have no executive, Powers of administrative or appointive duties. It shall, at the council request of the commissioner of health, consider any matter relating to the preservation and improvement of public health, and may advise the commissioner thereon; and it may from time to time submit to the commissioner any recommendations which it may deem wise. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

§ 3. Compensation of officers and employees. The Salary and commissioner of health shall receive an annual salary expenses of of eight thousand dollars, and his expenses actually sioner and necessarily incurred in the performance of his official duties, to be paid monthly on the audit of the comptroller. The deputy commissioner of health shall of deputy receive an annual salary of five thousand dollars and his expenses actually and necessarily incurred in the

Divisions in state department of health

General

performance of his official duties, to be paid monthly on the audit of the comptroller. The commissioner of health may employ such clerical and other assistants as are necessary for the proper performance of the powers and duties of the department, and fix their compensation within the amount appropriated therefor by the legislature. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.)

§ 3-a. Divisions. There shall be in the state department of health the following divisions, together with such other divisions as the commissioner may from time to time determine:

1. Division of administration;

2. Division of sanitary engineering;

3. Division of laboratories and research;

4. Division of communicable diseases;

5. Division of vital statistics;

6. Division of publicity and education;

7. Division of child hygiene;

8. Division of public health nursing;

9. Division of tuberculosis.*

Each such division shall be under the management of a director appointed by the commissioner. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

§ 4. General powers and duties of commissioner. The

powers and commissioner of health shall take cognizance of the

duties of commissioner

interests of health and life of the people of the state, and of all matters pertaining thereto. He shall exercise general supervision over the work of all local health authorities except in the city of New York. He shall be charged with the enforcement of the public health law and the sanitary code. He shall make inquiries in respect to the causes of disease, especially

epidemics, and investigate the sources of mortality, and the effect of localities, employments and other conditions, upon the public health. He shall obtain, collect and preserve such information relating to mortality, disease and health as may be useful in the discharge of his duties or may contribute to the promotion of health or the security of life in the state. He may issue subpœnas, compel the attendance of witnesses and compel them to testify in any matter or proceeding before him, and a witness may be required to attend and give testimony in a county where he resides or has a place of business without the payment of any fees. The commissioner of health may reverse or modify an order, regulation, by-law or ordinance of a local board of health concerning a matter which in his judgment affects the public health beyond the territory over which such local board has jurisdiction; and may Right of exercise exclusive jurisdiction over all lands acquired by entrance the state for sanitary purposes. The commissioner of health and any person authorized by him so to do, may, without fee or hindrance, enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings and places. (Am'd by L. 1913, ch. 559, in effect May 16, 1913.)

districts

§ 4-a. Sanitary districts; sanitary supervisors; public health nurses. The commissioner of health shall from time to time divide the state, except cities of the first class, into twenty or more sanitary districts. Sanitary He shall appoint for each of such districts a sanitary supervisor who shall be a physician. Each sanitary Sanitary supervisor, under the direction of the commissioner of health and subject to the provisions of the sanitary code, shall, in addition to such other duties as may be imposed upon him, perform the following duties:

1. Keep himself informed as to the work of each local health officer within his sanitary district; 2. Aid each local health officer within his sanitary

supervisors