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2020 SESSION
20104539DBe it enacted by the General Assembly of Virginia:
1. That §§ 32.1-17, 32.1-30, and 32.1-34 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-17. Appointment of Commissioner; qualifications; term.
A. There shall be a State Health Commissioner appointed by the
Governor, subject to confirmation by each house of the General Assembly. The
Commissioner shall be a physician licensed to practice medicine in this the
Commonwealth and shall be certified by the American Board of Preventive
Medicine or a recognized board in a primary care specialty as approved by the
American Board of Medical Specialties,; shall be
experienced in public health duties, sanitary science,
and environmental health,; shall possess a Doctor of
Public Health degree, a Master
of Public Health degree, or a
doctoral degree in the area of public health; and shall be otherwise qualified to execute the duties incumbent upon
him by law.
B. The Commissioner shall be appointed for a term coincident with that of the Governor and shall serve at the pleasure of the Governor.
§ 32.1-30. Local health departments.
Each county and city shall establish and maintain a local
department of health which shall be headed by a local health director. Each
such local health director shall be a physician licensed to practice medicine
in this the
Commonwealth or possess
a Doctor of Public Health degree, a Master of Public Health degree, or a
doctoral degree in the area of
public health.
§ 32.1-34. Scope of local health ordinances and regulations.
A. No county, city, or town ordinance or regulation shall be less stringent in the protection of the public health than any applicable state law or any applicable regulations of the Board.
B. The Commissioner may grant a variance to a state law or regulation of the Board when the Commissioner determines that, upon review of an application from a county, city, or town, (i) an applicant for such variance has demonstrated that the implementation of a regulation would impose a substantial financial or programmatic hardship and (ii) the variance would not adversely affect the safety and well-being of residents of the county, city, or town or the Commonwealth.