§ 104. Commissioner of Health; duties

(a) The Secretary shall appoint a Commissioner of Health, as provided in 3 V.S.A. § 3051, who shall be either a physician licensed to practice medicine and surgery in this State or a health care professional who has at least a master's degree in public health or a related health care field and who, in addition, has had practical experience in the field of public health.

(b) The Commissioner may delegate such powers and assign such duties to members of the Department as may be deemed appropriate and necessary for the proper execution of the provisions of this title. If the Commissioner is not a physician licensed to practice medicine and surgery in this State, the Commissioner shall fill an existing exempt position within the Department by appointing a chief medical officer who shall be a physician licensed to practice medicine and surgery in this State and who shall report to the Commissioner.

(c) The powers set forth in this title are in addition to the common law and statutory powers or remedies of the State otherwise provided by law.

(d) Upon receipt of information regarding a condition that may be a public health hazard, the Commissioner shall conduct an investigation. The investigation may include an inspection of the premises where the public health hazard may exist and may include monitoring and testing.

(e) The Commissioner shall establish guidelines for conducting investigations and inspections and for determining whether a public health risk or public health hazard is a local or a State problem.

(f) When applicable, the Commissioner shall make use of the best scientific, environmental, medical, engineering, epidemiological, hydrological, geological, ecological, and sanitation practices when issuing permits and orders, and when establishing practices, procedures, rules, and guidelines under this title.

(g) The Commissioner may enter into contracts to provide services, provided the Department is not otherwise required to provide such services, and provision of such services does not interfere with the Department's statutory purposes and programs. The Department may charge for services provided under this subsection. Charges collected under this subsection shall be credited to separate special funds for each type of contractual service, and shall be available to the Department to offset the costs of each type of service.

(h) The Commissioner may bill a third party insurer for services provided by the Department to persons covered by such insurance. Charges collected under this subsection shall be credited to a special fund and shall be available to the Department to offset the cost of such services.

(i) The Commissioner may accept and retain any product rebates received for items purchased in support of departmental programs. Charges collected under this subsection shall be credited to separate special funds and shall be available to the Department to offset the cost of such programs. (Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1985, No. 267 (Adj. Sess.), § 3; 1997, No. 155 (Adj. Sess.), § 55, eff. April 29, 1998; 2007, No. 152 (Adj. Sess.), § 1.)