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The department of health shall be under the charge and general supervision of the commissioner of health, who shall be appointed by the governor in the same manner as other commissioners and who shall have the same official status as other commissioners. The commissioner shall hold office at the pleasure of the governor. The compensation of the commissioner shall not exceed that of a Class 1 official, as established in § 8-23-101.
The commissioner may appoint a deputy commissioner, who, in the event of absence or incapacity of the commissioner or in the event of a vacancy in the office of commissioner, may be authorized in accordance with § 4-4-115 to exercise any and all of the powers of the commissioner until such time as the duly appointed commissioner can fulfill the commissioner's responsibilities.
The commissioner is also authorized to delegate any of the powers, duties, responsibilities or authority vested in the commissioner by the laws of the state of Tennessee. This delegation shall be made in writing to any appropriate official of the department.
The commissioner shall appoint a state health officer to be called the chief medical officer for the state who shall, at the direction of the commissioner, be responsible for and advise the commissioner and the department on all matters of health policy in all state services and programs, including, but not limited to, medicaid, public health, and environmental health.
The chief medical officer shall be:
A physician licensed to practice medicine in Tennessee; and
Appointed from a list of nominees containing at least three (3) names for consideration by the commissioner to be submitted by the Tennessee Medical Association board of trustees.
Any of the powers, duties, responsibilities, or authorities vested in the commissioner that require or imply that the commissioner is a licensed physician may be delegated by the commissioner to the chief medical officer. Any such delegation shall be made in writing and shall be filed with the secretary of state. The salary for the chief medical officer shall be paid consistent with the January 1, 1983, physician 959 classification or the highest paid physician in subsequent classification/compensation plans.