Massachusetts General Laws

Mass. Gen. Laws ch. 17, § 1 (2026)

Composition of department

✓ current as of July 2026

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Section 1. There shall be a department of public health, consisting of a commissioner of public health and a public health council.

Notes of Decisions

Cited in 5 cases, 1928–1989 · leading case: Howe v. Health Facilities Appeals Bd., 481 N.E.2d 510 (Mass. App. Ct. 1985).

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Howe v. Health Facilities Appeals Bd., 481 N.E.2d 510 (Mass. App. Ct. 1985). “G. L. c. 17, §§ 1 and 3. Decisions regarding determination of need applications are made by a majority vote.”

Shoolman v. Health Facilities Appeals Bd., 533 N.E.2d 632 (Mass. 1989). “G. L. c. 17, § 1. The Public Health Council consists of the Commissioner of Public Health as chairman and eight members appointed by the Governor.”

Am. Grain Prods. Processing Inst. v. Dep't of Pub. Health, 467 N.E.2d 455 (Mass. 1984). “G. L. c. 17, § 1. There is nothing in the language of § 2 A to support the plaintiff’s claim that all emergency actions of the department which are directed toward the maintenance of public health and the prevention of disease must be taken pursuant to that section.”

Commonwealth v. St. John, 159 N.E. 599 (Mass. 1928). “The record shows that at a meeting of the public health council which, by G. L. c. 17, §§ 1, 3, is a constituent part of the department, after considering reports in regard to examination of the flats, tide waters, shellfish and sea water in and about the area described in the…”

Am. Grain Prod. Processing Inst v. Dept. of Pub. Hlth., 467 N.E.2d 455 (Mass. 1984). “G.L.c. 17, § 1. [17] There is nothing in the language of § 2A to support the plaintiff's claim that all emergency actions of the department which are directed toward the maintenance of public health and the prevention of disease must be taken pursuant to that section.”

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