(a) General rule.--Council may, by ordinance, appoint the members of a board of directors of a nonprofit corporation as the board of health for the city for a term of five years, provided that the nonprofit corporation:

(1) Has as its principal purpose to substantially preserve and promote the public health of the city and to control and eliminate disease.

(2) Has sufficient means to render valuable assistance to the city's public health affairs, in the opinion of council and the Department of Health.

(3) Is properly organized and managed.

(4) Has not fewer than five and not more than nine members on the board of directors.

(5) Has at least two reputable physicians on the board, each of whom has not less than five years' experience in the practice of the physician's profession.

(b) Vacancies.--When the office of any member of the board of directors is terminated pursuant to the nonprofit corporation's charter or bylaws, the office of the member of the board of health shall also terminate with the resulting vacancy to be filled under subsection (c).

(c) Additional members to board of health.--

(1) If the number of the board of directors of the nonprofit corporation increases, subject to the limitation of a maximum of nine members, council may appoint any individual added to the corporation's board of directors as an additional member of the board of health for a term equal to the unexpired term of the other members.

(2) An additional appointment under this subsection shall be subject to any subsequent termination resulting from a limitation in the corporation's charter and bylaws.

Cross References. Section 12330 is referred to in section 12338 of this title.