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TUBERCULOSIS

KRS tit. XVIII, ch. 215
in effect

KRS 215.511 Definitions of "active tuberculosis" and "isolates."

215.511. Definitions of "active tuberculosis" and "isolates." As used in KRS 215.520, 215.531, 215.540, 215.550, 215.560, 215.570, and 215.590: (1) "Active tuberculosis" means tuberculosis disease as demonstrated by clinical, bacteriologic, or radiographic evidence, and includes the condition of persons with the disease who have not completed an adequate course of anti-tuberculosis treatment; and (2) "Isolates" means a population of Mycobacterium tuberculosis observed in cultures obtained from clinical specimens of persons with active tuberculosis. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 33, sec. 1, effective July 15, 1996.

KRS 215.520 Duties relating to tuberculosis control

215.520. Duties relating to tuberculosis control The secretary of the Cabinet for Health and Family Services shall discharge all duties relating to all matters of tuberculosis control, including, but not limited to, the following: (1) The facilitation of appropriate clinical services for either recalcitrant or drug resistant persons with active tuberculosis for which failure to provide services will lead to further spread of disease in the Commonwealth; (2) The promulgation of administrative regulations pursuant to KRS Chapter 13A for the purpose of carrying out the directives of this section, KRS 215.540, 215.550, 215.560, 215.570, 215.580, 215.590, and 215.600; (3) The maintenance of a central register of all known cases of tuberculosis in the Commonwealth, and local registers as desirable, and the collection, collation, analysis, and publication of statistics and other information; (4) The facilitation of tuberculosis programs in cooperation with the Department of Corrections, Department of Education, and other state agencies within their respective jurisdictions; (5) The establishment within the Cabinet for Health and Family Services of appropriate social service and financial responsibility appraisal methods to insure that tuberculosis patients or suspects receive all possible support from third-party payors, or from the Medical Assistance Program. The Cabinet for Health and Family Services may contract for services for persons with tuberculosis, either directly or through local health departments, and may pay the rates it deems necessary as a charge against the tuberculosis control funds of the Commonwealth; (6) The dissemination of educational materials to the citizens of the Commonwealth regarding tuberculosis and its control; (7) The initiation of special programs and demonstrations in cooperation with agencies of the federal government, universities, voluntary agencies, and other individuals or corporations; (8) The provision of direct assistance to local health departments, to other agencies of state government, and to other organizations to assist them in carrying out education, prevention, and treatment programs of tuberculosis control; and (9) Except as otherwise provided by law, to do all other things reasonably necessary to carry out the intent of this section and KRS 215.540 to 215.600. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 471, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 416, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 33, sec. 3, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 211, sec. 78, effective July 14, 1992. -- Amended 1986 Ky. Acts ch. 331, sec. 34, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 271, sec. 2, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 208, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 78. -- Created 1970 Ky. Acts ch. 133, sec. 3.

KRS 215.531 Drug susceptibility tests on initial isolates from patients with active tuberculosis

215.531. Drug susceptibility tests on initial isolates from patients with active tuberculosis Every physician shall order drug susceptibility tests on initial isolates from all patients with active tuberculosis to confirm the anticipated effectiveness of chemotherapy. If the patient continues to produce culture positive results following three (3) months of treatment, the drug susceptibility tests shall be repeated. Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 33, sec. 2, effective July 15, 1996.

KRS 215.540 Recalcitrant tuberculosis patient control

215.540. Recalcitrant tuberculosis patient control KRS 215.540 to 215.580 may be referred to as the "Kentucky Recalcitrant Tuberculosis Patient Control Law." The General Assembly hereby recognizes and declares that persons with active tuberculosis have a legal duty and responsibility to the public to take reasonable precautions to prevent the spread of the disease. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 4, effective July 15, 1996. -- Created 1970 Ky. Acts ch. 133, sec. 5.

KRS 215.550 Responsibilities of persons diagnosed with active tuberculosis

215.550. Responsibilities of persons diagnosed with active tuberculosis (1) A person diagnosed with active tuberculosis which can be communicated from person to person shall have a legal responsibility to take reasonable precautions to prevent the transmission of the infection to others. (2) No person diagnosed as having active tuberculosis for which further examination or treatment is determined to be necessary shall, when informed of the need for examination or treatment, refuse to submit to the examination or treatment upon the reasonable request of the cabinet or a local health department. (3) A person diagnosed with active tuberculosis shall take all precautions, as prescribed by the cabinet or a local health department, for the prevention of transmission of that infection. The precautions shall be the least restrictive to the person which are possible without sacrificing the efficacy of protection. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 5, effective July 15, 1996. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 79. -- Created 1970 Ky. Acts ch. 133, sec. 6.

KRS 215.560 Affidavit of failure to comply -- Administrative and judicial action

215.560. Affidavit of failure to comply -- Administrative and judicial action (1) Whenever a person has reasonable cause to suspect that an individual with active tuberculosis has knowingly failed to comply with the provisions of KRS 215.520 to 215.600, the person may file an affidavit with the local health department serving the jurisdiction where the individual resides or where the alleged violation occurred. The affiant shall state the details of the violation as completely and accurately as possible and the local health department shall, with the assistance of the cabinet, if necessary, conduct an appropriate investigation and, if indicated, shall order the violator in writing to submit to the needed precautions, including quarantine, in order to isolate and restrict activities, examination, or treatment. If the local health department determines in the course of providing services that a violation has occurred, it may issue an order regardless of the presence of an affidavit. (2) If a person refuses to comply with an order of a local health department pursuant to subsection (1) of this section, the health department shall, if the public health need for intervention still exists, file a verified petition for relief with the District Court in the county of its principal office. The health department shall include all pertinent details in its petition. The defendant shall have the right to be represented by counsel and the case shall be handled in the same manner as a civil case in every other regard. If the court finds from a preponderance of the evidence or upon admission by the defendant that the defendant is in violation of provisions in KRS 215.520 to 215.600, the court shall enter an order that the appropriate precautions, examinations, or treatment be carried out. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 6, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 210, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 205, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1970 Ky. Acts ch. 133, sec. 7.

KRS 215.570 Violation of court order -- Penalties

215.570. Violation of court order -- Penalties (1) If the court, subsequent to an order of the court as described in KRS 215.560(2), finds a person in violation of that order, the defendant shall be guilty of a misdemeanor and shall be subject to the penalties set forth in subsection (2) of this section. If, however, a course of treatment for active tuberculosis in an inpatient facility or less restrictive treatment alternative is available and is recommended by the cabinet, the court may prescribe a course of treatment in lieu of penalties, and place the defendant on probation. Failure to enter the facility as prescribed, departure from the facility against medical advice, or failure to adhere to a less restrictive treatment alternative shall be grounds for immediate revocation of probation. (2) A person who is found to be in violation of an order issued by the court under KRS 215.560(2) shall be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or shall be imprisoned for not less than six (6) nor more than twelve (12) months, or both. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 7, effective July 15, 1996. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (3). -- Created 1970 Ky. Acts ch. 133, sec. 8. 2020-2022 Budget Reference. See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, A, 22, (1) at 860.

KRS 215.580 Legal representation of local health department in enforcement

215.580. Legal representation of local health department in enforcement The city, county, and Commonwealth's attorneys and the Attorney General, within their respective jurisdictions, shall represent the local health department in the enforcement of the provisions of KRS 215.520 to 215.600. However, a local health department may employ an attorney to represent it in proceedings under KRS 215.520 to 215.600 and pay the attorney reasonable compensation for the attorney's services. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 8, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 211, effective July 15, 1980. -- Created 1970 Ky. Acts ch. 133, sec. 9.

KRS 215.590 Responsibility to report active tuberculosis cases and results of drug susceptibility tests on tubercle bacilli

215.590. Responsibility to report active tuberculosis cases and results of drug susceptibility tests on tubercle bacilli (1) A health service or health facility required to be licensed pursuant to KRS Chapter 216B or KRS Chapter 333, a health provider required to be licensed pursuant to KRS Chapters 311, 312, 313, 314, 315, or 320, or any other person who has knowledge of a person who has active tuberculosis, shall report the case to the local health department in accordance with the administrative regulations of the Cabinet for Health and Family Services promulgated pursuant to KRS Chapter 13A. (2) Physicians, hospitals, laboratories, or other institutions which perform related drug susceptibility tests on tubercle bacilli shall report the results of the testing to the local health department in accordance with the administrative regulations of the Cabinet for Health and Family Services promulgated pursuant to KRS Chapter 13A. All reports of drug-resistant tubercle bacilli shall be made regardless of previous reports. (3) No legal action shall lie against any physician, hospital employee, laboratory employee, or other person who, in good faith, reports a case of tuberculosis or the isolation of the tubercle bacillus as provided in this section, KRS 215.511, 215.520, 215.531, 215.540, 215.550, 215.560, 215.570, 215.580, and 215.600. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 472, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 417, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 33, sec. 9, effective July 15, 1996. --Amended 1980 Ky. Acts ch. 188, sec. 212, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1). -- Created 1970 Ky. Acts ch. 133, sec. 10.

KRS 215.600 Title of law

215.600. Title of law KRS 215.520 to 215.600 may be cited as the "State Tuberculosis Control Act of 1996." Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 33, sec. 10, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 213, effective July 15, 1980. -- Created 1970 Ky. Acts ch. 133, sec. 1.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38219Fetched: 10/20/2026

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