125-H:5 Interagency Cooperation. –
I. In order to carry out health risk assessment, the commissioner is authorized to request and receive, on a reasonable basis, the assistance of personnel in any agency of state government with training or experience in any of the following fields:
(a) Medicine.
(b) Toxicology.
(c) Epidemiology.
(d) Environmental epidemiology.
(e) Environmental health.
(f) Industrial hygiene.
(g) Occupational health nursing.
(h) Ecology.
(i) Environmental sanitation.
(j) Engineering.
(k) Radiological health.
(l) Biological sciences, including wildlife biology.
(m) Any other necessary discipline.
II. In order to assure cooperation among agencies in the health risk assessment process, the commissioner shall initiate the preparation of written memoranda of understanding with the executive head of any other agency of state government employing personnel needed for carrying out environmental health risk assessments. The memoranda shall include, at a minimum, the following:
(a) A procedure for identifying and agreeing upon the personnel, facilities, and equipment available for environmental health risk assessments.
(b) The contents and timing of a request for assistance.
III. The commissioner shall initiate the process of preparing memoranda of understanding with a written, dated request to undertake the process to the executive head of the agency concerned. If agreement between the commissioner and the concerned agency head is not reached within 90 days, the commissioner shall send written notification of the impasse to the governor. The governor shall cause a memorandum of understanding to be prepared and put into effect within 60 days of receiving the notification from the commissioner.
IV. If a dispute arises regarding the implementation of any memorandum of understanding under this section, the commissioner shall notify the governor with a written, dated document of the dispute. The governor shall resolve the dispute within 5 working days of receiving notification from the commissioner.