Health commissioner’s job focus of hearing

Proposed legislation would drop requirement that position be filled by a medical doctor

The Ulster County Legislature voted 18-4 Tuesday, March 19, to set a public hearing for proposed legislation to remove a requirement that the county’s health commissioner be a medical doctor.

Dr. Carol Smith, the county’s current health commissioner, plans to retire later this month. The hearing is scheduled for Tuesday, April 16.

Legislator Joseph Maloney, D-Saugerties, joined Republicans Jason Kovacs, Kevin Roberts and Richard Walls in casting no notes. Legislator Herbert Litts III, R-Esopus and Lloyd, was absent.

Deputy Majority Leader Aaron Levine said Smith plans to retire

March 30.

Levine, D-Saugerties, said the proposed law would amend the Ulster County Charter and the county’s Administrative Code to align with state requirements. Levine added that while the current county law requires the county’s Department of Health to be led by a health commissioner with a physician’s license, the state has no such requirement.

State law allows for counties with a population of less than 250,000 to employ a “public health director” instead of a commissioner, he said. If the county ends up hiring a public health director, they would administer and manage a public health program in a county with “appropriate medical consultation,” he added.

If the county hires someone who is not a medical doctor, Levine said, it would have to hire a doctor part time to sign off on things such as vaccine clinics.

Other changes and modifications to the charter would include the commissioner of health or public health director serving at the pleasure of the county executive. Other changes include vesting the health commissioner “with authority, direction and control over the Department of Health, including power to appoint and remove officers and employees within the department.”

Legislator Limina Grace Harmon, D-New Paltz, said such a change would allow the county to draw from a wider range of candidates, which is only a good thing.

“Doctors are really great at

things they’re great at, but administration is not necessarily one of them,” she said. “A fantastic public health administrator is crucial in the event we find ourselves in a situation like we did during the pandemic. “It is not just about knowing the best diagnosis, it’s about the mobilization of resources and the ability to navigate between systems.”

Majority Leader Abe Uchitelle said the county could be very specific as to what the qualifications are for a medical director, drawing on experience from the COVID-19 pandemic. “We have huge challenges with logistics,” he said. “Having this flexibility is important.”

In casting his no vote, Kovacs questioned the rush to change the law. He expressed doubt the county would have a problem finding a licensed physician to run the department.

“We should have a diligent discussion about finding a licensed physician to run our health department and only then, if we’re truly unable to find one, which I find it hard to believe, should we have discussion on this proposed local law.”

Former County Executive Michael Hein hired not one but two health commissioners, he noted.

“Ulster County residents deserve the best, a health department that’s run in a non-partisan way by a licensed health care professional, not a political appointee or a career bureaucrat,” he said.

Jeff Collins, D-Hurley, Woodstock, said, “We’d like to hire a physician, but if we can’t find one, we cannot hire one. This allows us to hire someone if we can’t find a licensed physician.”

While ultimately voting for setting the public hearing, Legislator Eric Kitchen, R-town of Ulster, said he believes it’s premature for lawmakers to strip the licensed physician requirement without first seeking applications from medical doctors. The Legislature should only consider this move if no one can be found in three to six months, he added.

The deputy could take over in the meantime if need be, Kitchen said.

“I believe especially coming out of COVID, there should be someone in that position of a high standard,” he said.

Maloney questioned the move, noting if the county hires a non-medical doctor, it would still have to have the additional parttime doctor. He also asked if the move was politically motivated.

“Do we know who we want to hire and that’s why we’re getting rid of that requirement?” he said.

If approved, the charter modification would also remove a residency requirement for the county’s medical examiner.