Duties

Sanitary supervisors'

duties

district in the performance of his duties, and particularly on the appearance of any contagious disease;.

3. Assist each local health officer within his sanitary district in making an annual sanitary survey of the territory within his jurisdiction, and in maintaining therein a continuous sanitary supervision;

4. Call together the local health officers within his district or any portion of it from time to time for conference;†

5. Adjust questions of jurisdiction arising between local health officers within his district;

6. Study the causes of excessive mortality from any disease in any portion of his district;

7. Promote efficient registration of births and deaths; 8. Inspect from time to time all labor camps within his district and enforce the regulations of the public health council in relation thereto;‡

9. Inspect from time to time all Indian reservations and enforce all provisions of the sanitary code relating thereto;

10. Endeavor to enlist the coöperation of all the organizations of physicians within his district in the improvement of the public health therein;

11. Promote the information of the general public in all matters pertaining to the public health;

12. Act as the representative of the state commissioner of health, and under his direction, in securing the enforcement within his district of the provisions of the public health law and the sanitary code.

The commissioner of health, whenever he may deem it expedient so to do, may employ such number of public health nurses as he may deem wise within the limits of his appropriation, and may assign them from time to time to such sanitary districts and in such manner as in his judgment will best aid in the control of contagious and infectious diseases and in the promotion of public health. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

§ 4-b. Duties of commissioner with respect to labora- Laboratories.* The commissioner of health shall establish and tories maintain one or more laboratories with such expert assistants and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting public health. He shall have authority to make, at the expense of the state, such examinations and analyses at the request of any health officer or of any physician. He may enter into contracts with laboratories in localities accessible to the various portions of the state for the prompt examination of specimens received from local health officers or physicians and for the immediate report thereon, at the expense of the state; provided that all such laboratories shall conform to stand- Branch ards of efficiency established by the public health coun- laboracil, and that no obligation shall be incurred by the commissioner in excess of the sums available therefor. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

tories

§ 4-c. Duties of commissioner with respect to hospi- Hospitals tals for contagious diseases. The commissioner of tagious health shall from time to time submit to the authorities diseases of the several municipalities of the state such recom- palities mendations as he may deem wise as to the establishment of hospitals for contagious diseases, indicating the diseases for which in his judgment provision should be made and the extent of such provision. It shall be the duty of the commissioner to inspect from time to Inspectime all hospitals for contagious diseases maintained tions and under the jurisdiction of any municipal authority and to report as to the condition and needs of such hos

Council

may establish regulations

Autopsies

Record to be filed

pitals to the authorities of the municipality, and to include an abstract of such reports in his annual report. The public health council may from time to time establish regulations for the maintenance of hospitals for contagious diseases. (Added by L. 1913, ch. 559, in effect May 16, 1913.)

§ 5. Duties with respect to vital statistics. (Repealed. See new Vital Statistics Law, article xx* herein.)

§ 5-a. Regulation and control of autopsies. The commissioner of health shall prescribe and prepare the necessary methods and forms for obtaining and preserving records and statistics of autopsies which are conducted by the coroner or by his order within the state of New York, and shall require all those performing such autopsies, for the purpose of determining the cause of death, to enter upon such record the pathological appearances and findings embodying such information as may be prescribed, and to append thereto the diagnosis of the cause of death, and a copy thereof shall be duly filed, within ten days, with the coroner of the county in which such autopsy shall be held, and a transcript thereof shall be filed, within ten days thereafter, by the coroner, with the state commissioner of health, and it shall thereupon become a matter of public record which shall be open to the inspection and transcription of and by one affected or likely to be affected, in a civil or criminal action, by its contents, upon an order of a court of record or of a justice of the supreme court.

It shall be the duty of any surgeon performing such an autopsy, under the provisions of this section, to permit the attendance, as a matter of right, of a person, or the medical representative of such person, likely to be the defendant or representative of such deceased person in a civil or criminal action, of which such autopsy and its findings and conclusions may prove to become a part, or in any way affected thereby. (Added by L. 1913, ch. 620, in effect May 21, 1913.)

tions

§ 6. Nuisances. The commissioner of health shall Nuisances have all necessary powers to make examinations into nuisances, or questions affecting the security of life and health in any locality. Whenever required by the governor of the state, he shall make such an examination and shall report the results thereof to the gov- Investigaernor, within the time prescribed by him therefor. The ordered by report of every such examination, when approved by the governor governor, shall be filed in the office of the secretary of state, and the governor may declare the matters public nuisances, which may be found and certified in any such report to be nuisances, and may order them to be changed, abated or removed as he may direct. Every such order shall be presumptive evidence of the existence of such nuisance; and the governor may, by a pre- Order for cept under his hand and official seal, require the district attorney, sheriff and other officers of the county where such nuisance is maintained, to take all necessary measures to execute such order and cause it to be

abatement

obeyed, and the acts of any such county officer in the abatement of any such nuisance, reasonable or necessary for such abatement, shall be lawful and justifiable and the order of the governor a sufficient protection to such officer. The expense of such abatement shall be paid Expense by the municipality where the nuisance occurs, and shall be a debt recoverable by such municipality of all persons, maintaining it or assisting in its maintenance, and a lien and charge upon the lands upon which the nuisance is maintained, which may be enforced by a sale of such lands to satisfy the same.

§ 7. Overflow of water from the canals. Whenever Overflow water escaping or discharged from any of the canals of from canals

† See Sanitary Code, Chap. VI, p. 353; Nuisances, Public Health Law, § 26, p. 40, § 31, p. 44. § 32, p.45; Penal Law, §§ 1530, 1531, p. 518

of water

Employment of local boards and experts

the state, through water gates, spillways or otherwise, shall overflow adjacent lands, or any creek or stream receiving such waters, or collect in stagnant pools along the canal or any such creek or stream to such an extent as to cause disease or sickness to the inhabitants of the vicinity, any three of such inhabitants may make a written complaint thereof under oath to the commissioner of health, setting forth the extent of the injury to the public health, so far as is within their knowledge, and the length of time the disease or sickness has existed, which shall be accompanied by a verified certificate of a practicing physician of the vicinity, stating the facts known to him, pertaining to the allegations of the complaint. Upon receipt of such complaint, the commissioner of health shall forthwith examine into the facts and circumstances therein set forth, and may call on the state engineer to make such surveys as they may require for their information, who shall make the same without delay, and if such commissioner is satisfied that such disease or sickness exists, and is caused by waters of the canal escaping or discharged therefrom, he shall so report to the superintendent of public works, without unnecessary delay, who shall forthwith abate the cause of such disease or sickness.

§ 8. Employment of local boards and experts. Whenever requested by the commissioner of health, any city board of health in this state may appoint one of its imembers to act with and assist the commissioner during the examination of any nuisance, or for the purpose of determining whether a public nuisance exists. Such representative may take part in such examination, and sit with the commissioner during the conduct thereof, but the final determination of the questions involved shall rest solely with the commissioner. The commissioner may from time to time employ competent persons to render sanitary service, and make or supervise practical and scientific investigations and examina