§ 361. Certain cities; commissioner of health and health officer;\nappointment and qualifications. 1. The commissioner of health in cities\nhaving a population of fifty thousand to one hundred seventy-five\nthousand shall be appointed by the mayor, and the health officer in\ncities having a population of less than fifty thousand shall be\nappointed by the same official or body who or which by charter is\nauthorized to appoint the heads of city departments.\n 2. No person shall be eligible to appointment as commissioner of\nhealth or health officer unless he shall be a physician and surgeon duly\nlicensed to practice under the laws of this state and who has practiced\nas such, or has been engaged in public health work for at least five\nyears and who shall comply with the qualifications therefor prescribed\nby the public health council in the sanitary code, provided, however,\nthat a physician who has received the degree of doctor of public health\nin a course in any institution of learning recognized by the University\nof the State of New York shall be eligible for appointment as health\nofficer in cities having a population of less than fifty thousand.\n
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