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Form a Business

LOCAL HEALTH PROGRAMS

KRS tit. XVIII, ch. 212
in effect

KRS 212.020 County health boards -- Appointment -- Membership -- Term -- Compensation -- Removal of board members

212.020. County health boards -- Appointment -- Membership -- Term -- Compensation -- Removal of board members (1) The secretary of the Cabinet for Health and Family Services shall appoint, from a list of nominees, three (3) qualified, licensed, and practicing physicians; one (1) qualified, licensed, and practicing dentist; one (1) qualified, licensed, and practicing registered nurse; one (1) licensed engineer engaged in the practice of civil or sanitary engineering; one (1) qualified, licensed, and practicing optometrist; one (1) qualified licensed and practicing veterinarian; one (1) licensed pharmacist; and one (1) lay person knowledgeable in consumer affairs residing in each county who, together with the county judge/executive and one (1) person appointed by the fiscal court in each county, shall constitute a local board of health for the respective counties in which they reside. The list of nominees submitted to the secretary shall be accepted from any source and shall be solicited and obtained from the county judge/executive, fiscal court, and county health department staff; and nominations of physicians, dentists, nurses, engineers, optometrists, veterinarians, and pharmacists shall be solicited and obtained from the county's medical society, dental society, nursing association, engineering association, optometric association, veterinarian association, and pharmacists' association, respectively. If a county does not have three (3) qualified, licensed, and practicing physicians or one (1) qualified, licensed, and practicing dentist or one (1) qualified, licensed, and practicing registered nurse or one (1) qualified, licensed, and practicing civil or sanitary engineer or one (1) qualified, licensed, and practicing optometrist or one (1) qualified, licensed, and practicing veterinarian, or one (1) licensed pharmacist residing therein, the secretary of the Cabinet for Health and Family Services may appoint a resident lay person knowledgeable in consumer affairs in lieu thereof for each such vacancy. The members of the local board shall hold office for a term of two (2) years with physicians, dentists, pharmacists, and fiscal court appointees appointed in even-numbered years and nurses, engineers, optometrists, veterinarians, and lay appointees appointed in odd-numbered years, for terms from the date of their appointment, beginning on or after January 1, 1993, and until their successors are appointed, except the terms of the first appointment of all physician and fiscal court appointee terms beginning on January 1, 1993, shall expire on December 31, 1993; dentist terms beginning on August 1, 1992, shall expire on December 31, 1993; nurse, engineer, and optometrist appointments beginning on August 1, 1992, shall expire on December 31, 1994; and veterinarian and lay appointments beginning on October 1, 1992, shall expire on December 31, 1994. The members of the board shall receive no compensation for their services. (2) The secretary shall remove any member, other than the county judge/executive or fiscal court appointee, who fails to attend three (3) consecutive scheduled meetings, and may remove any board member, except the county judge/executive or fiscal court appointee, as provided by KRS 65.007. The fiscal court may remove its appointee in like fashion. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 395, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 80, sec. 2, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 346, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 121, sec. 1, effective July 14, 1992. -- Amended 1982 Ky. Acts ch. 148, sec. 1, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 18, sec. 20, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 20, sec. 6. -- Amended 1968 Ky. Acts ch. 162, sec. 1. -- Amended 1960 Ky. Acts ch. 6, sec. 1. -- Amended 1958 Ky. Acts ch. 96, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2055.

KRS 212.025 Cabinet for Health and Family Services and local health department may charge fees for nursing care and health services

212.025. Cabinet for Health and Family Services and local health department may charge fees for nursing care and health services (1) The Cabinet for Health and Family Services and any local health department, with the approval of the Cabinet for Health and Family Services, is hereby authorized to provide home nursing care services and other health services and may charge fees therefor. The secretary of the Cabinet for Health and Family Services shall adopt a fee schedule covering all charges for such services. (2) All fees and charges collected by the Cabinet for Health and Family Services or the local health department concerned shall be credited to a trust and agency fund to be used only for carrying out the provisions of this section. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 396, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 347, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (2) and (11). -- Created 1966 Ky. Acts ch. 107, secs. 1 and 2.

KRS 212.040 Establishment for one county by fiscal court -- Appropriation

212.040. Establishment for one county by fiscal court -- Appropriation The fiscal court of any county may by resolution at a regular session declare that the county shall be a district for the creation, establishment and maintenance of a county health department. Upon the resolution being passed, the fiscal court shall at once, out of the funds of the county, appropriate a sufficient amount for the creation, establishment and maintenance of the county health department. If there are not sufficient funds on hand for such appropriation at the time the resolution is adopted, the fiscal court shall, at the next succeeding county levy, make a levy sufficient to produce the necessary amount of tax for the creation, establishment and maintenance of the county health department. The fiscal court shall annually thereafter make a levy sufficient to pay the annual expense of maintenance of the county health department. After the resolution creating the department is entered, any twenty (20) legal voters may, within thirty (30) days, file with the county judge/executive a petition signed by them requesting that the establishment of the county health department be done by the vote of the people of the county as provided in KRS 212.080, in which case it shall be so done. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-2.

KRS 212.060 When fiscal court may not establish

212.060. When fiscal court may not establish When a county by a vote of its citizens, as provided in KRS 212.070 to 212.110, shall vote against creating, establishing and maintaining a county department of health, the department of health may not be created, established or maintained by resolution of its fiscal court until after the expiration of the terms of office of the members of the fiscal court who were members of the court when the election was held. History: Amended 1972 Ky. Acts ch. 301, sec. 14. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-9.

KRS 212.070 Establishment by election

212.070. Establishment by election If the fiscal court of any county fails to establish a county department of health, as authorized in KRS 212.040, the citizens of the county may have such county established as a county department of health in accordance with the provisions of KRS 212.080. History: Amended 1972 Ky. Acts ch. 301, sec. 15. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-5.

KRS 212.080 Elections in one county

212.080. Elections in one county A number of legal voters equal to ten percent (10%) of the total number of votes cast at the last general election of any county may file their petition with the county judge/executive asking that the proposition of creating, establishing and maintaining a county health department be submitted to the voters of the county at the next general election held in the county that does not occur within less than eighty-four (84) days after filing the petition. Each voter signing the petition shall state his full name and address. At the time of filing the petition the petitioners shall deposit with the county judge/executive a sufficient sum of money to pay the cost of publication, as required by this section. Upon the filing of the petition with the county judge/executive, he shall enter an order directing the publication in full of the petition, pursuant to KRS Chapter 424, and shall further enter and file an order with the county clerk not later than the second Tuesday in August preceding a general election directing the county clerk to have placed before the voters at such election the question, "Are you in favor of establishing a county department of health?" The voter shall indicate a "Yes" or a "No" vote. If the majority of those voting on the proposition vote "Yes," a department of health for the county shall be created, established and maintained. The vote shall be canvassed and returned by the board of election commissioners for the general election. If the election is contested, the members of the fiscal court of the county shall be made defendants. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 195, sec. 67, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 360, sec. 56, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 344, effective June 17, 1978. -- Amended 1966 Ky. Acts ch. 239, sec. 163. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-5, 2054a-6.

KRS 212.110 Certification of election results

212.110. Certification of election results The result of any county election for the creation, establishment and maintenance of a county department of health shall be certified to the fiscal court of the county in which the department is to be created, established and maintained. The fiscal court shall, if the result of the election is certified as in favor of the department, forthwith proceed to declare the county a county department of health, and shall proceed to put the department of health into effect in the same manner as they are authorized to do upon their own initiative. The cost and expense of its creation, establishment and maintenance shall follow the provisions of KRS 212.040. History: Amended 1972 Ky. Acts ch. 301, sec. 16. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-7.

KRS 212.120 Notice of establishment given Cabinet for Health and Family Services -- Allocation of state funds to districts -- Equalization of allotments -- Modification and cancellation of allotments -- Appropriations not to lapse

212.120. Notice of establishment given Cabinet for Health and Family Services -- Allocation of state funds to districts -- Equalization of allotments -- Modification and cancellation of allotments -- Appropriations not to lapse (1) Upon the creation of a county health department, the fiscal court of the county shall at once notify the Cabinet for Health and Family Services of the action of the county to create, establish, and maintain a county health department. When the duly qualified officials of a county certify to the Cabinet for Health and Family Services a true copy of the order or vote establishing a health department, and providing for its maintenance, and state the amount of the annual appropriation provided by the county the Cabinet for Health and Family Services shall make an investigation as to the necessity of the development of the department, and the adequacy of the appropriation provided by the county therefor, and shall report its findings to the Governor. (2) If the Cabinet for Health and Family Services finds that such county health department has been established in accordance with the provisions of this chapter and is being maintained, conducted, and operated in accordance with the standards prescribed by the Cabinet for Health and Family Services, the Cabinet for Health and Family Services shall, on or before July 1 in each year, allot to each such county health department such amount that the Cabinet for Health and Family Services deems to constitute a just and equitable share of all funds available therefor by appropriation by the General Assembly of this Commonwealth, by grants and gifts received by this Commonwealth from the government of the United States of America or any of its agencies or instrumentalities, and from other sources. Provided, however, that no allotment to any such county health department shall be less than two thousand five hundred dollars ($2,500). (3) In determining the allotments referred to in subsection (2) of this section, the Cabinet for Health and Family Services shall endeavor to provide for a distribution of the funds in a manner that is reasonably calculated to equalize, so far as practicable, local health services to the people of all counties served by the county health departments. The Cabinet for Health and Family Services may take into consideration variations existing between counties by reasons of difference in population, resources, industrialization, tax assessments and tax rates, and other local factors and conditions; the legislative intent being hereby declared to be that counties shall provide, from local sources of revenue that are available or that may be made available to them, financial support of county health departments to the extent of their representative abilities. (4) The Cabinet for Health and Family Services may, in its discretion alter or modify allotments from time to time and shall cancel any allotment whenever it finds that there is no further need or necessity for a particular county health department for whose benefit the allotment was made or whenever a particular county health department for whose benefit an allotment was made is not maintained, operated, and conducted in accordance with the standards prescribed by the Cabinet for Health and Family Services. Nothing in this section shall be construed as requiring the Cabinet for Health and Family Services to allot all funds available for local health purposes, or as prohibiting the department from allotting such portion thereof, as the department may determine, to a reserve account which may be suballotted by the department in such a manner that it considers proper in the event of emergencies, disaster, or unforeseen events, without regard to the provisions of subsection (3) of this section. (5) Notwithstanding the provisions of KRS 45.229 and any other provision of the Kentucky Revised Statutes, any unexpended or unencumbered balance of any appropriations made available for allotment and expenditure, as provided above, for the first fiscal year of each biennium, remaining at the end of such fiscal year, shall be carried forward and be available for expenditure at any time during the ensuing fiscal year within the biennium and no portion thereof shall lapse to the general fund. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 397, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 348, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 450, sec. 75, effective July 1, 1983. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Amended 1972 Ky. Acts ch. 301, sec. 17. -- Amended 1958 Ky. Acts ch. 126, sec. 27. -- Amended 1952 Ky. Acts ch. 153, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-8.

KRS 212.130 County and district health departments, how organized

212.130. County and district health departments, how organized Immediately after receiving notice of the creation of a county or district department of health, the Cabinet for Health and Family Services shall notify the secretary of the county board or boards of health to call a meeting of the county board or boards of health for the purpose of organizing the county or district department of health. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 398, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 349, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-10.

KRS 212.132 Allocation of KERS retirement costs if district health department ceases operation or one or more counties withdraw from district

212.132. Allocation of KERS retirement costs if district health department ceases operation or one or more counties withdraw from district (1) If a district health department established pursuant to this chapter ceases to operate or has a county or counties withdraw from the district health department, the Department for Public Health in the Cabinet for Health and Family Services shall, if the district health department participated in the Kentucky Employees Retirement System, certify the following to the Kentucky Retirement Systems: (a) 1. In the case of a district health department that ceases to operate, the proportion of taxable property of each county of the ceasing district health department as determined by respective county assessments and in accordance with revenues generated pursuant to authority under this chapter; or 2. In the case of a county or counties that withdraw from a district health department, the proportion of taxable property of the withdrawing county as determined by respective county's assessment and in accordance with revenues generated pursuant to authority under this chapter; and (b) The local board of health, local government agency, or entity responsible for paying retirement costs of the county that is no longer participating with the current or ceased district health department. (2) The Cabinet for Health and Family Services may promulgate administrative regulations to carry out this section. Effective:March 23, 2021 History: Created 2021 Ky. Acts ch. 83, sec. 6, effective March 23, 2021.

KRS 212.140 County health department -- How governed

212.140. County health department -- How governed A county department of health shall be governed by the members of the county board of health. History: Amended 1972 Ky. Acts ch. 301, sec. 18. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-10, 2054a-15.

KRS 212.160 Office quarters for county boards and district departments

212.160. Office quarters for county boards and district departments The county board of health of each county having a county department of health, and the governing body of each district department of health, shall provide an office suitably furnished for its meetings and for the conduct of its business, and conveniently located as determined by it. Effective: October 1, 1942 History: Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a-12, 2054a-17.

KRS 212.170 Appointment of health officers -- Assistant -- Employees -- Appeals

212.170. Appointment of health officers -- Assistant -- Employees -- Appeals (1) The county board of health of each county having a county department of health shall, subject to the approval of the Cabinet for Health and Family Services, appoint a health officer who shall, subject to merit system provisions, hold office at the pleasure of both the county board and the Cabinet for Health and Family Services. (2) A health officer may: (a) With the approval of the Cabinet for Health and Family Services and the local boards of health concerned, serve in such capacity for more than one county; and (b) At the discretion of the local board, act as chief administrative officer of the board. (3) A health officer may appoint an administrative assistant for each county served by him subject to the approval of the Cabinet for Health and Family Services. An administrative assistant shall exercise such duties as may be delegated to him by the health officer. (4) A health officer may employ and fix the compensation of, by contract or otherwise, subject to the approval of the Cabinet for Health and Family Services, all medical, technical, clerical, professional, and other employees necessary for the maintenance and operation of the local health department in accordance with standards and merit system provisions prescribed by the Cabinet for Health and Family Services. (5) In the absence of a local health officer, the secretary for health and family services or his duly appointed representative shall serve as health officer for the county concerned. (6) Appeals under the local health department merit system shall be conducted in accordance with KRS Chapter 13B. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 399, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 350, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 114, effective July 15, 1996. -- Amended 1982 Ky. Acts ch. 228, sec. 2, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Amended 1958 Ky. Acts ch. 96, sec. 2. -- Amended 1954 Ky. Acts ch. 209, sec. 1. -- Amended 1952 Ky. Acts ch. 153, sec. 5. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a-1, 2054a-10, 2054a-15, 2054a-18, 2054a-21, 2055. Legislative Research Commission Note. By virtue of KRS 212.350 to 212.620, enacted in 1942, this section no longer applies to counties containing a city of the first class.

KRS 212.180 Health officer qualifications

212.180. Health officer qualifications Every health officer provided for by this chapter shall be a duly licensed physician and shall possess such other qualifications that are prescribed by the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 400, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 351, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 71. -- Amended 1952 Ky. Acts ch. 153, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a- 10, 2054a-15, 2054a-21, 2055.

KRS 212.190 Health officers -- Compensation

212.190. Health officers -- Compensation (1) The health officer of counties that do not have a county department of health shall receive a reasonable compensation, the amount of which shall be fixed by the fiscal court at the time of, or immediately after, his election, and to be paid as other county officers are paid. In no case shall such health officer claim or receive from the county any compensation other than the salary fixed by the fiscal court. (2) The health officer of counties having a county department of health shall receive a salary to be fixed by the county board of health subject to the approval of the Cabinet for Health and Family Services. He shall receive necessary traveling expenses. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 401, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 352, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Amended 1972 Ky. Acts ch. 301, sec. 19. -- Amended 1954 Ky. Acts ch. 209, sec. 2. -- Amended 1944 Ky. Acts ch. 93, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a-1, 2054a-10, 2054a-15, 2055.

KRS 212.210 Powers and duties of the Cabinet for Health and Family Services and local health boards

212.210. Powers and duties of the Cabinet for Health and Family Services and local health boards (1) The Cabinet for Health and Family Services and the local boards of health may examine into all nuisances, sources of filth, and causes of sickness that may, in their opinion, be injurious to the health of the inhabitants in any county in this state, or in any vessel within any harbor or port in any county in this state. Whenever any such nuisance, source of filth, or cause of sickness is found to exist on any private property, or in any vessel within any port or harbor in any county in this state, or upon any watercourse in this state, the Cabinet for Health and Family Services or the local board of health may order, in writing, the owner or occupant thereof, at his own expense, to remove the same within twenty-four (24) hours, or within such reasonable time thereafter as the board may order. (2) If drinking water used by school children is found to be dangerous to their health, the local board of health or Cabinet for Health and Family Services may order that a supply of pure water be furnished at the expense of the county or city board of education. (3) If in the opinion of the local board of health or Cabinet for Health and Family Services a school building is constructed in violation of law and is found to be unsanitary or unsafe for the housing of children, the local board of health or Cabinet for Health and Family Services may institute an action in the Circuit Court of the county where the building is situated, and the court, after due hearing and verifying the facts, may order a safe and sanitary school building to be erected within a reasonable time by the county or city board of education in accordance with the laws of the state governing the erection of schoolhouses and the control of disease, and the rules and regulations of the Cabinet for Health and Family Services. (4) Any local board of health shall, for the purpose of controlling and eradicating rats and other unsanitary nuisances, require the owner or possessor of any building designed for human habitation and containing two (2) or more apartment units, to provide, where a specific area has been designated for the depositing of refuse on the premises, waste receptacles approved by the board. The board may further require that the design, construction, and maintenance of the area in which the waste receptacles are kept meet reasonable standards set by the board. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 402, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 353, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Amended 1970 Ky. Acts ch. 281, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a- 14, 2057.

KRS 212.230 Powers and duties of county, city-county, and district health boards

212.230. Powers and duties of county, city-county, and district health boards (1) County, city-county, and district boards of health shall: (a) Appoint a health officer and fix his salary subject to the approval of the Cabinet for Health and Family Services; (b) Hold a regular meeting at least once every three (3) months, except that county or city-county boards whose counties are members of a district health department shall hold a regular meeting at least once every twelve (12) months, and other special or regular meetings as desired and keep full minutes of all the proceedings in a book provided for this purpose; (c) Adopt, except as otherwise provided by law, administrative regulations not in conflict with the administrative regulations of the Cabinet for Health and Family Services necessary to protect the health of the people or to effectuate the purposes of this chapter or any other law relating to public health; (d) Act in a general advisory capacity to the health officer on all matters relating to the local department of health; (e) Provide information regarding the Commonwealth Office of the Ombudsman to all applicants; (f) Hear and decide appeals from rulings, decisions, and actions of the local health department or health officer, in accor dance with KRS Chapter 13B, if the aggrieved party makes written request therefor to the board within thirty (30) days after the ruling, decision, or action complained of. In hearing appeals regarding on-site wastewater permitting, the local health board s hall utilize the expertise of the regional on-site wastewater consultants employed by the Department for Public Health; (g) Provide all information on on-site wastewater systems to the cabinet for incorporation into the statewide database as provided for i n KRS 211.350(1); and (h) Perform all other functions necessary to carry out the provisions of law and the regulations adopted pursuant thereto, relating to local boards of health. (2) Except as otherwise provided in subsection (1), all powers and authorit y of the local board of health under existing statutes are transferred to the county department of health. Effective: July 1, 2024 History: Amended 2023 Ky. Acts ch. 124, sec. 88, effective July 1, 2024. -- Amended 2006 Ky. Acts ch. 191, sec. 3, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 403, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 354, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 117, effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 121, sec. 2, effective July 14, 1992. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (3) and (11). -- Amended 1958 Ky. Acts ch. 96, sec. 3, effective June 19, 1958. -- Amended 1954 Ky. Acts ch. 209, sec. 3. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a-10, 2054a-15, 2055.

KRS 212.240 Duties of county health departments

212.240. Duties of county health departments County departments of health shall: (1) Administer and enforce in the county and in all cities and towns situated therein, except as otherwise provided by law, all applicable public health laws of the Commonwealth and all of the rules and regulations of the secretary of the Cabinet for Health and Family Services and county board of health issued thereunder; (2) Under the general supervision of the county board of health and the Cabinet for Health and Family Services, formulate, promote, establish, and execute policies, plans, and programs to safeguard the health of the people of the county and establish, maintain, implement, promote, and conduct facilities and services for the purpose of protecting the public health; and (3) Make such statistical or other reports relating to the activities of the department as they may deem expedient or as may be required by the county board of health or the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 404, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 355, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (3) and (11). -- Amended 1954 Ky. Acts ch. 209, sec. 4, effective July 1, 1954. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a-10, 2054a-15.

KRS 212.245 Powers of local health departments

212.245. Powers of local health departments County, city-county, and district health departments may: (1) Utilize available services, facilities, equipment, and personnel of the Cabinet for Health and Family Services or of the United States Public Health Service upon such terms of payment or reimbursement as are agreed on by the department and the Cabinet for Health and Family Services or the United States Public Health Service; (2) Contract for services not otherwise available; (3) Provide for the public health training and instruction of employees and compensate and defray the reasonable expenses of said employees while they are pursuing public health training courses approved by the Cabinet for Health and Family Services; (4) Establish or contribute to a retirement system or fund for employees of the department, including any retirement system for state employees; (5) Issue and require the heads of families and other persons to execute such orders as it considers expedient to prevent the outbreak and spread of communicable diseases, and to this end bring the infected population under prompt and proper treatment; (6) Issue written orders directed to the owner or occupant of any property, or to any person, firm, or corporation whatever, commanding, within the time and manner specified in the order, compliance with applicable public health laws of this state and all regulations of the Cabinet for Health and Family Services or the county board of health. Notwithstanding the provisions of this section and KRS 212.210, any health officer may institute and maintain mandatory or prohibitory injunction proceedings in the appropriate Circuit Courts of this state to abate nuisances that are or may be a menace to the health of the people of the state or community, and to compel compliance with the public health laws of this state and the rules and regulations of the Cabinet for Health and Family Services and the county board of health and the orders described in this section or in KRS 212.210; (7) Through its health officers, representatives, and agents, enter upon any premises when necessary for the purpose of making inspections and investigations and view evidence and interrogate persons to the extent required in the performance of their duties and responsibilities. The department or the health officer thereof may issue subpoenas, subpoena duces tecum, and all necessary process in proceedings brought before or initiated by the department or board, and such process shall extend to all parts of the Commonwealth. Service of process may be made by certified mail, return receipt requested, or in the manner prescribed by the Rules of Civil Procedure; (8) Provide administrative, investigative, and clerical services required by the local board of health; (9) Cooperate with other health departments, agencies, and organizations in matters relating to public health; (10) Elect coverage under the state's workers' compensation laws with the approval of the Cabinet for Health and Family Services; or (11) Except as otherwise provided by law, do all other things reasonably necessary to protect and improve the health of the people. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 405, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 356, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 114, sec. 42, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1).and (11); and ch. 315, sec. 29 -- Amended 1958 Ky. Acts ch. 96, sec. 4, effective June 19, 1958. -- Created 1954 Ky. Acts ch. 209, sec. 5.

KRS 212.260 Powers and duties of local health officers

212.260. Powers and duties of local health officers (1) The health officer of a county that does not have a county department of health shall enforce the rules and regulations of the Cabinet for Health and Family Services and county boards of health. (2) The health officer of a county that has formed a county department of health shall: (a) Devote his entire time to the duties of his office, and shall not engage in the private practice of medicine; (b) Be secretary of the county board of health and keep full minutes of the proceedings of the county board of health in a book provided for that purpose; (c) Be the chief administrative officer of the county health department. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 406, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 357, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 72. -- Amended 1972 Ky. Acts ch. 301, sec. 20. -- Amended 1958 Ky. Acts ch. 96, sec. 5. -- Amended 1954 Ky. Acts ch. 209, sec. 6. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2054a-10, 2054a-12, 2054a-13, 2054a-21, 2055.

KRS 212.270 Attorneys to represent Cabinet for Health and Family Services and local boards of health

212.270. Attorneys to represent Cabinet for Health and Family Services and local boards of health The county and Commonwealth's attorneys and the Attorney General, within their respective jurisdictions, shall represent the Cabinet for Health and Family Services and local boards of health in all matters relating to the enforcement of the health and medical laws and the performance of the duties of those boards, but when the secretary for health and family services deems it necessary, it may employ at its discretion special attorneys and inspectors to assist the county and Commonwealth's attorneys or the Attorney General and may pay reasonable compensation for the same from any unexpended funds at its disposal. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 407, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 358, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 73. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 2054a-19.

KRS 212.275 Distribution of nonscheduled legend drugs at health department by advanced practice registered nurse or registered nurse -- Written policy -- Record of prescription drugs -- Responsibility for inventory -- Pharmacist -- Dispensing medication or device prescribed for purpose of causing abortion

212.275. Distribution of nonscheduled legend drugs at health department by advanced practice registered nurse or registered nurse -- Written policy -- Record of prescription drugs -- Responsibility for inventory -- Pharmacist -- Dispensing medication or device prescribed for purpose of causing abortion (1) The governing board for each local, district, and independent health department shall have a written policy concerning the distribution of nonscheduled legend drugs at the health department by an advanced practice registered nurse or a registered nurse. In a health department, an advanced practice registered nurse or a registered nurse may distribute nonscheduled legend drugs from a list that has been prepared by the commissioner of the Department for Public Health. Nothing in this section shall be construed to limit advanced practice registered nurses from dispensing nonscheduled drug samples under KRS 314.011. Each prescription drug distributed or dispensed at the health department shall be recorded in the patient record. The director of each health department shall be responsible for keeping track of the inventory of stock medications and accounting for the medications dispensed or distributed. (2) Only a health department board having within its membership a pharmacist holding a valid license issued pursuant to KRS 315.030 shall be authorized to permit advanced practice registered nurses or registered nurses to dispense nonscheduled legend drugs according to the written policy of the board. If a health department is unable to recruit a licensed pharmacist to serve on the board, the board shall document consultation with a pharmacist licensed pursuant to KRS 315.030 in the public health practice of the health department. (3) No health department shall dispense any medication or device prescribed for the purpose of causing an abortion as defined in KRS 311.720(1). Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 85, sec. 37, effective July 15, 2010. -- Created 2002 Ky. Acts ch. 80, sec. 1, effective July 15, 2002.

KRS 212.341 Definitions

212.341. Definitions As used in KRS 212.343 to 212.347, unless the text requires otherwise: (1) "Sterilization" shall mean any procedure or operation, the purpose of which is to render an individual permanently incapable of reproducing. (2) "Nontherapeutic sterilization" shall mean any procedure or operation, the purpose of which is to render an individual permanently incapable of reproducing and which is not either: (a) A necessary part of the treatment of an existing physical illness or injury, or (b) Medically indicated as an accompaniment of an operation on the female genitourinary tract. History: Created 1974 Ky. Acts ch. 352, sec. 2.

KRS 212.343 Counseling by physician

212.343. Counseling by physician Any physician who is requested to perform a nontherapeutic sterilization shall provide counseling to the person who requests the sterilization. History: Created 1974 Ky. Acts ch. 352, sec. 3.

KRS 212.345 Consent document -- Endorsement

212.345. Consent document -- Endorsement Before any person in the Commonwealth may have a nontherapeutic sterilization performed upon himself, he shall give written informed consent to the performance of the sterilization. To be valid such consent document shall be endorsed by the following persons in the following instances: (1) By the consenting individual in all cases; or (2) By the adult parent or guardian of the consenting individual if such be a minor child and unmarried. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 73, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 352, sec. 4. Note: 1980 Ky. Acts ch. 396, sec. 77 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 212.347 Waiting period required

212.347. Waiting period required No physician shall perform a nontherapeutic sterilization on any person before twenty- four (24) hours following the giving of written informed consent by the person requesting such sterilization. History: Created 1974 Ky. Acts ch. 352, sec. 5.

KRS 212.350 Creation of city-county board of health for cities of first class and counties containing such cities -- Corporate powers -- Abolishment of former health agencies -- Effect of compact -- Application upon establishment of consolidated local government

212.350. Creation of city-county board of health for cities of first class and counties containing such cities -- Corporate powers -- Abolishment of former health agencies -- Effect of compact -- Application upon establishment of consolidated local government (1) In each county of the Commonwealth of Kentucky in which there is located a city of the first class or a consolidated local government, there is hereby created a board of health which board shall be a body politic and corporate, and shall be k nown as the ".... (name of city of the first class) and .... (name of county) or ..... (name of the consolidated local government) County Board of Health" hereinafter called the "board," which board shall have jurisdiction throughout such county, including all municipalities in said county with respect to and in accordance with the provisions of KRS 212.350 to 212.620. Wherever the words "city" and "mayor" are used in KRS 212.350 to 212.620 they shall mean such city of the first class or consolidated local government, and the mayor thereof. Said board may, in its corporate name, sue and be sued, contract and be contracted with, and acquire real, personal and mixed property by deed, purchase, gift, devise, lease, condemnation, or otherwise, and dispose of same; and may make appropriate rules and regulations and do all things reasonable or necessary effectively to carry out the work and properly to perform the duties intended or required by KRS 212.350 to 212.620. When and after the board herein created is orga nized as herein provided, and except as otherwise provided by law, said board shall succeed to and be vested with all of the functions, obligations, powers, and duties now being exercised by the county board of health, any department of public health, and by any board of tuberculosis hospital in such county; and thereupon the board of health and the department of health and the board of tuberculosis hospital shall cease to exist, and all laws and amendments of said laws, relating to and governing the afores aid county board of health, department of public health, and board of tuberculosis hospital, in conflict with the provisions of KRS 212.350 to 212.620, shall, to the extent of such conflict, stand and be repealed. (2) Notwithstanding KRS 212.350 to 212.625 , when a city of the first class and a county containing such city have in effect a compact under KRS 79.310 to 79.330, the county and such city of the first class shall agree that the county shall provide all staff support, including a director of health with the qualifications specified and subject to the provisions set forth in KRS 212.420, to the board of health through county officers, assistants, clerks, deputies, and employees. In such case, all officers, employees, and staff of the board of health a nd the department of health shall be deemed county employees, and shall be subject to the control of fiscal court. At the time the compact takes effect the officers, employees, and staff of the board of health and the department of health shall be transfer red to the service of county government; provided that all such employees who at such time are in the classified service shall be continued in a classified service administered by county government. All functions, obligations, powers, and duties now vested in the board of health shall continue to be vested in the board unless changed by ordinance of the fiscal court of such county. Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing t hat city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, the requirements of this subsection pertaining to county government shall be assumed by the consolidated local government. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 180, sec. 4, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 346, sec. 203, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 77, sec. 22, effective July 15, 1986. -- Created 1942 Ky. Acts ch. 41, sec. 1.

KRS 212.360 Transfer of property of former health agencies to city-county or consolidated local government board -- Extension of control of board to other divisions and institutions

212.360. Transfer of property of former health agencies to city-county or consolidated local government board -- Extension of control of board to other divisions and institutions (1) All property, real, personal, and mixed, belonging to such county or city and now being used exclusively and directly by and for the county board of health of such county and the department of public health of such city, in the performance of duties connected with the maintenance of the public health, including but without being limited thereto city or county hospitals, public health clinics, all the equipment in such institutions, and all other property of every character or description now used in public health work in and by said city and county organizations, and all property, real, personal, and mixed, belonging to any board of tuberculosis hospital in such county, is hereby transferred to said board created under KRS 212.350, and said city, county, and board of tuberculosis hospital shall take all necessary and proper steps to effect the legal transfer of title and possession of all such property to said board. All deeds to such property shall be recorded in the county where the property is located. Said board shall assume all existing liabilities of said board of tuberculosis hospital and shall liquidate such liabilities in the same manner and on the same terms as would have been done by said board of tuberculosis hospital. (2) In the event that it is deemed desirable or advisable by the city, county, and board that any other division of the city or county or any other governmental agency, including any institution, should be taken over and placed under the control and management and supervision of the board, then and in that event, such division, agency, or institution may be taken over under such terms and conditions as to its management, operation, and maintenance as the said city, by ordinance, the said county and the board, by respective resolutions and agreements, may authorize and direct. (3) Upon the establishment of a consolidated local government in a county having a board of health previously formed by the city and county, all property, real, personal, and mixed, belonging to the board of health shall remain the property of the board of health as renamed under KRS 212.350. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 204, effective July 15, 2002. -- Created 1942 Ky. Acts ch. 41, sec. 1.

KRS 212.370 Powers and duties of city-county board as to public health and institutions

212.370. Powers and duties of city-county board as to public health and institutions When the board has been organized and the properties transferred, as provided in KRS 212.350 to 212.620, the board, throughout said county, including all municipalities therein, shall, except as otherwise provided by law, have exclusive control and operation, under the acts of the General Assembly of Kentucky, the ordinances, if any, of the legislative bodies of the municipalities in said county, the orders and resolutions, if any, of the fiscal court of said county, the regulations of the Cabinet for Health and Family Services, and the rules and regulations of the board, of all matters relating to institutions safeguarding the public health, including city or county hospitals, tuberculosis hospitals, eruptive hospitals, chronic hospitals, medical care of the indigent, and all other matters affecting public health, including education of the public regarding such conditions, and the adoption of remedial measures, and the enforcement of all laws and regulations affecting public health, including existing ordinances of such city and, if any, of other municipalities in said county, and any ordinances which may be hereafter enacted by the legislative bodies of such municipalities, including laws and ordinances regulating sanitation, milk inspection, meat inspection, livestock inspection, wells, drinking water and fountains, vaults, vaccination and immunization, quarantine, and the maintenance of laboratories and clinics necessary for the promotion of public health. The board may expend funds for the purpose of conducting research work, including laboratory and biometrical work, and establishing, erecting, and maintaining laboratories and other buildings and all appurtenances thereto for research work as to the prevalence, causes, cure, and prevention of disease, and to that end the board is authorized to expend funds in the employment of such persons or organizations, scientists, or research experts as the board may deem proper. The board shall be charged with the responsibility for the collection from official and other sources and for the publication of such statistics and information as may be useful and necessary for the performance of its duties, and upon such other matters as such municipalities by ordinance and said county, by resolution of the fiscal court, respectively, or the Cabinet for Health and Family Services of Kentucky, by regulation, place under the control of said board. The board may charge reasonable fees to sewage treatment plant operators for the regulation and inspection of sewage treatment plants to be paid within twelve (12) months from the time of regulation and inspection. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 408, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 359, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, sec. 107(3); and ch. 351, sec. 1. -- Created 1942 Ky. Acts ch. 41, sec. 2

KRS 212.371 Schedules of fees and charges for services rendered in facilities operated by city-county boards of health

212.371. Schedules of fees and charges for services rendered in facilities operated by city-county boards of health City-county boards of health established by KRS 212.350 and operating hospitals and clinics may establish schedules of fees and charges for services rendered therein or thereby and may recover such fees and charges from any person who receives such services. Effective: March 24, 1952. History: Created 1952 Ky. Acts ch. 65, sec. 1, effective March 24, 1952.

KRS 212.372 Classifications based upon financial ability

212.372. Classifications based upon financial ability In establishing such schedules the board may make reasonable classifications based upon the financial ability of persons to pay and may vary the charge in accordance with such classifications but no fees or charges shall in any event exceed the approximate cost of rendering the service, including drugs, pharmaceuticals, dressings, medicines or other materials used. Effective: March 24, 1952. History: Created 1952 Ky. Acts ch. 65, sec. 2, effective March 24, 1952.

KRS 212.373 Recovery of charges from spouse or parent

212.373. Recovery of charges from spouse or parent Such boards may likewise recover the charges so established from the spouse of any person receiving said services or from the parent of such person who is a minor if such spouse or parent has the financial ability to pay. Effective: March 24, 1952. History: Created 1952 Ky. Acts ch. 65, sec. 3, effective March 24, 1952.

KRS 212.374 Recovery of charges from person liable to person receiving services -- Subrogation

212.374. Recovery of charges from person liable to person receiving services -- Subrogation Such boards may likewise recover such fees and charges from any person, firm or corporation legally liable to the person receiving said services for such charges and shall be subrogated to the rights of the person receiving such services to the extent of such charges. Effective: March 24, 1952 History: Created 1952 Ky. Acts ch. 65, sec. 4, effective March 24, 1952.

KRS 212.375 Burden of proof

212.375. Burden of proof The burden of proving lack of financial ability to pay shall be upon the person claiming such lack. Effective: March 24, 1952 History: Created 1952 Ky. Acts ch. 65, sec. 5, effective March 24, 1952.

KRS 212.376 Financial condition not to affect admission to hospital or emergency treatment

212.376. Financial condition not to affect admission to hospital or emergency treatment No person brought to any such hospital for emergency treatment shall be denied admission on account of his financial condition nor shall the administration of emergency treatment to such person be delayed on account thereof. Effective: March 24, 1952 History: Created 1952 Ky. Acts ch. 65, sec. 6, effective March 24, 1952.

KRS 212.380 Membership of board -- Qualifications -- Terms -- Effect of compact or establishment of consolidated local government

212.380. Membership of board -- Qualifications -- Terms -- Effect of compact or establishment of consolidated local government (1) Except in a county containing a consolidated local government, said board shall be composed of ten (10) members, two (2) of whom shall be the mayor of such city, and the county judge/executive of such county, as members ex officio, and four (4) of whom shall be appointed by the mayor of such city and four (4) of whom shall be appointed by the county judge/executive of such county with the approval of the fiscal court. Each appointive member shall be not less than thirty (30) years of age, intelligent, discreet, and shall have been a continuous resident of such county for at least two (2) years prior to the date of his or her appointment. At least one (1) and not more than three (3) of said appointive members shall be physicians, one (1) of said appointive members shall be a dentist, one (1) of said appointive members shall be a licensed pharmacist, and at least one (1) of said appointive members shall be a registered nurse. All appointive members shall be eligible for reappointment. (2) At the expiration of each of the terms of office of said eight (8) appointive members, the successor to each member shall be appointed by said county judge/executive and said mayor for a term of office of four (4) years and until his successor is appointed and qualified. (3) The two (2) appointments which increase the appointed members from six (6) to eight (8) shall both occur on July 1, 1974, one (1) of which shall be for a term expiring on June 30, 1978, the other of which shall be for a term expiring on June 30, 1975. Each subsequent appointment to the board shall be for a term of four (4) years. (4) Notwithstanding subsection (2) of this section, when a city of the first class and a county containing such city have in effect a compact under KRS 79.310 to 79.330, the terms of the members on the board shall be for three (3) years and until their successors are appointed and qualified. Upon the effective date of the compact, the mayor, and county judge/executive with the approval of the fiscal court, shall adjust the terms of the sitting members so that the terms of two (2) each of their appointments expire in one (1) year, the term of one (1) each of their appointments expire in two (2) years, and the term of one (1) each of their appointments expire in three (3) years. Upon expiration of these staggered terms, successors shall be appointed for a term of three (3) years. (5) Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing that city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, the board shall be composed of ten (10) members, the mayor and nine (9) members who shall be appointed to the board of health by the mayor of the consolidated local government pursuant to the provisions of KRS 67C.139 for a term of three (3) years. Incumbent board members, upon the establishment of the consolidated local government, shall continue to serve as members of the board for the time remaining of their current term of appointment and until their successors are appointed and qualified. The mayor shall serve on the board for a term which shall be coextensive with his or her term of office. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 80, sec. 3, effective July 15, 2002; and ch. 346, sec. 205, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 77, sec. 23, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 54, sec. 1. -- Amended 1972 Ky. Acts ch. 373, sec. 1. -- Amended 1970 Ky. Acts ch. 85, sec. 1. -- Created 1942 Ky. Acts ch. 41, sec. 3. Legislative Research Commission Note (7/15/2002). This section was amended by 2002 Ky. Acts chs. 80 and 346, which do not appear to be in conflict and have been codified together.

KRS 212.390 Vacancies -- Resignations

212.390. Vacancies -- Resignations (1) Any vacancy on the board occurring by reason of death, resignation, disqualification, removal, or otherwise, of any appointive member shall be filled in the same manner as the original appointment for the balance of the term of the member whose place is so vacated. The appointing authority is hereby given the exclusive power and authority to determine and declare when a vacancy exists. (2) Except in a county containing a consolidated local government, if said county judge/executive and said mayor fail within said thirty (30) day period to make an appointment to fill any one (1) or more of the five (5) original positions of membership on said board, then and in that event the appointment to fill any such original position shall be made by the majority vote of a board to be composed of the county judge/executive of such county, the mayor of such city, and the president of the board of tuberculosis hospital in such county and city. Thereafter, in the event said county judge/executive and said mayor fail to make an appointment to fill any vacancy on said board within thirty (30) days after such vacancy, for any reason, occurs, the board itself shall have the power and is hereby authorized to make the appointment to fill such vacancy. In a county containing a consolidated local government, the mayor shall fill a vacancy to the board no later than thirty (30) days after the occurrence of the vacancy. In the event the mayor fails to make the appointment within the thirty (30) days, the appointment shall be made by the remaining members of the board. (3) If the board has advance knowledge that a vacancy on the board will for any reason occur, the board shall, in advance of the occurrence of such vacancy (thirty (30) days in advance if possible) report in writing to the appointing authority the facts pertaining to such approaching vacancy. In any case where the board does not have advance knowledge of a pending vacancy, said board upon the occurrence of such vacancy shall forthwith in writing report such vacancy to the appointing authority. After said vacancy or vacancies have been so reported the procedure for filling such vacancy or vacancies shall be the same as the general procedure hereinabove set forth. (4) Resignation by a member of the board shall be in writing addressed and submitted to the appointing authority and a copy thereof furnished to the chairman of the board. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 206, effective July 15, 2002. -- Created 1942 Ky. Acts ch. 41, sec. 3.

KRS 212.400 Compensation of board members

212.400. Compensation of board members Each member of the board, except members ex officio, shall receive the sum of fifty dollars ($50) for each meeting of the board attended by such member; provided, however, that no member of said board shall be paid more than six hundred dollars ($600) during any fiscal year of the board, nor for more than twelve (12) meetings held during any fiscal year of said board. History: Amended 1966 Ky. Acts ch. 244, sec. 1. -- Created 1942 Ky. Acts ch. 41, sec. 4.

KRS 212.410 Organization of board -- Oath -- Officers -- Regulations -- Records -- Meetings -- Employees -- Divisions

212.410. Organization of board -- Oath -- Officers -- Regulations -- Records -- Meetings -- Employees -- Divisions The appointive members of the board, upon appointment as herein provided, shall qualify by taking the necessary oath of office before the county judge/executive. Said board, including the ex officio members who shall have the right to vote on matters acted upon by the board, shall thereupon proceed to organize and elect from among its appointed members a chairman and a vice chairman, who shall serve for one (1) year and be eligible for reelection. A majority of the members of the board shall constitute a quorum for the transaction of business. The board for administrative purposes is authorized to create such administrative divisions as it deems necessary, and may adopt any and all necessary and appropriate rules and regulations for the conduct of its business and for carrying out the provisions of KRS 212.350 to 212.620, and shall keep a record of its resolutions, transactions, findings and determinations, which record shall be a public record. The board shall hold at least one (1) regular meeting in each month, and such other meetings upon call of the chairman of the board as may be necessary. The board shall appoint a director of health, with the qualifications specified and subject to the provisions set forth in KRS 212.420, who shall serve as secretary to and be administrative officer for the board, and perform such other duties as the board may direct. The board is authorized, subject to the provisions of KRS 212.350 to 212.620, to employ such agents and employees as it deems necessary effectively to carry out its work. The administrative divisions created by the board shall be under the direction of the director of health, who for administrative purposes shall organize same into such divisions as may be necessary for the proper conduct of the business of the board. Said director shall have the power to designate chiefs of such divisions who, under his supervision and control, shall have the direction of such divisions. History: Created 1942 Ky. Acts ch. 41, sec. 5.

KRS 212.420 Director of health -- Qualifications, salary, term, removal

212.420. Director of health -- Qualifications, salary, term, removal The director of health may be a physician, qualified as a public health administrator and licensed or eligible for license as a medical practitioner in the Commonwealth of Kentucky, or may be a nonphysician with a minimum of a master's degree in public health or a related field and at least five (5) years of experience in a management capacity with a health department. The director of health shall be appointed by the mayor, and shall receive an annual salary of five thousand dollars ($5,000), payable as other salaries are paid, and shall serve at the pleasure of the board. If said director of health is removed by the board, he or she shall be notified thereof in writing, and before su ch removal shall become effective said director shall have ten (10) days within which to make a written request for a public hearing in regard thereto. The board shall not be required to hold a hearing unless so requested by said director. If no such reque st is made said removal shall become effective upon the expiration of said ten (10) day period. If such request is made said public hearing shall be held at the office of the board within ten (10) days after such request is received by the board, and said director shall not be removed until after such hearing has been held, and a decision rendered by the board. The board's decision shall be final. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 180, sec. 1, effective June 29, 2023. -- Amended 2005 Ky. Acts ch. 99, sec. 409, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 360, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (10). -- Created 1942 Ky. Acts ch. 41, sec. 6.

KRS 212.430 Compensation of employees -- Civil service

212.430. Compensation of employees -- Civil service (1) The board shall fix the compensation of all agents and employees of the board, and such compensation shall be as nearly comparable as practicable with the compensations paid and received by corresponding or comparable civil employees of such city or county. (2) The agents and employees of the board shall be employed and governed, as provided in this subsection, in accordance with the merit system. For the purpose of governing the employment, appointment, suspension, lay-off, and dismissal of employees by the board, and personnel matters relating thereto, any law or laws, or amendments thereof, and any rules and regulations issued pursuant thereto, authorizing, creating, and governing any city board or commission empowered to administer and enforce civil service laws, rules, and regulations in and for such city are hereby made applicable to the personnel and personnel matters of the board to the extent of and with respect to corresponding and comparable offices, positions, and places of employment of and under the board. Such city board or commission is hereby authorized and directed to perform, without compensation from the board, all things necessary to be done to accomplish the aforesaid purpose, including the creation and putting into effect of, and maintaining, a "classified service," in accordance with which the board will be governed in the employment of agents and employees and in the performance of its duties under this section. The director of health of the board shall function as appointing authority in and with respect to said personnel matters of the board. Provided, however, regulations of such city board or commission as may administer the civil service laws, rules, and regulations in such city, as applied to employees of the board, shall be not less stringent than those of the merit system of the Cabinet for Health and Family Services of Kentucky. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 410, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 361, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1942 Ky. Acts ch. 41, sec. 7.

KRS 212.432 Inclusion of employees in state retirement system

212.432. Inclusion of employees in state retirement system Notwithstanding the provisions of KRS 61.510 to 61.705 (Chapter 110, 1956 Acts of the General Assembly of Kentucky and amendments thereto) and KRS 78.510 to 78.852, on July 1, 1962, all regular full-time present and future public health employees of any joint city-county health department or board of health located in a county containing a city of the first class or a consolidated local government shall be included within the provisions of the state retirement system. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 207, effective July 15, 2002. -- Created 1962 Ky. Acts ch. 177, sec. 1.

KRS 212.434 Prior service credit

212.434. Prior service credit All regular full-time public health employees of any joint city-county health department located in a county containing a city of the first class shall be given credit for any prior service with such department before July 1, 1956, but any such regular full-time public health employee shall be allowed credit for current service for the period July 1, 1956, to July 1, 1962; provided, such employee pays to the retirement system the contribution he would have paid for the period from July 1, 1956, to July 1, 1962, with interest at the rate determined by the board of trustees and an additional sum equal to fifty percent (50%) of this amount. The payment of the fifty percent (50%) sum shall be considered as accumulated contributions of the member. History: Created 1962 Ky. Acts ch. 177, sec. 2.

KRS 212.436 Payment of contributions

212.436. Payment of contributions It shall be the responsibility of all joint city-county health departments in counties containing cities of the first class to pay the employer's and employee's share into the state retirement fund. History: Created 1962 Ky. Acts ch. 177, sec. 3.

KRS 212.440 Transfer of employees of former health agencies

212.440. Transfer of employees of former health agencies (1) When the board has qualified and organized as herein provided, the employees of the department of public health of such city, and the employees of the county health department of such county, at that time in their employ, shall be transferred to and continued in the service of the board herein created. Provided, however, any and all of such employees who at said time are in the classified service of such city or county health departments shall be continued in the classified service of the board as herein provided, and shall be given and have in the classified service of the board the same status they had in the classified service of said city and county health departments, respectively. (2) When the board has qualified and organized as herein provided, the employees of any board of tuberculosis hospital in such county, at that time in its employ, shall be transferred to and continued in the service of the board herein created. Said employees, except as provided in any law or laws, or amendment thereof, or any rules and regulations issued pursuant thereto governing any city board or commission empowered to administer and enforce civil service laws, rules and regulations in and for such city, herein made applicable to the board, shall then and thereafter be subject to said laws, rules and regulations. Provided, however, the employees then holding such offices, positions, or places of employment which are within the classified service, as herein provided for, shall be considered as having satisfied all of the qualifications for obtaining original appointment under such law, or laws, and shall be considered as having been given probationary appointments as defined in such law or laws of the date they are so placed in the classified service thereunder. History: Created 1942 Ky. Acts ch. 41, sec. 7.

KRS 212.450 Indebtedness beyond annual income not to be incurred without popular vote

212.450. Indebtedness beyond annual income not to be incurred without popular vote The board shall not incur nor permit the incurrence of any indebtedness, in any manner or for any purpose, in an amount exceeding, in any fiscal year of the board, the income and revenue provided for the year through the appropriations provided for in KRS 212.470 for the purposes of KRS 212.350 to 212.620, and funds derived from other sources, without the assent of the voters in the county, including the voters in the municipalities located in the county, voting at an election called and held for that purpose. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 280, sec. 27, effective July 15, 1996. -- Amended 1954 Ky. Acts ch. 168, sec. 2, effective June 17, 1954. -- Created 1942 Ky. Acts ch. 41, sec. 8.

KRS 212.460 Contracts for work or materials -- Day labor

212.460. Contracts for work or materials -- Day labor All work done or supplies or materials purchased in carrying out the purpose of KRS 212.350 to 212.620, when involving an expenditure of one thousand dollars ($1,000) or more, shall be by contract awarded to the lowest and best bidder after advertisement by publication pursuant to KRS Chapter 424. All bids or parts of bids, for any such work or supplies, may be rejected by said board. The board, however, may itself do or cause to be done, any part or parts of its work under such conditions as it may prescribe by day labor when the director of health, in writing, shall recommend such action. History: Amended 1966 Ky. Acts ch. 239, sec. 164. -- Created 1942 Ky. Acts ch. 41, sec. 9.

KRS 212.470 Appropriations by county and city -- Payment for school health services

212.470. Appropriations by county and city -- Payment for school health services In order to provide sufficient funds for carrying out the purposes of KRS 212.350 to 212.620, the fiscal court of the county shall annually appropriate money from the general fund of the county and the legislative body of the city shall annually appropriate money from the general fund of the city. The appropriations shall be made by the county and the city in such amounts, in such proportion and upon such terms as the fiscal court and the legislative body may agree and provide. Moneys so appropriated may be paid over to the board in regular monthly installments. In the event the sums derived from said appropriations, together with funds otherwise available from any other source to the board during any fiscal year, for its necessary expenditures in the maintenance and operation of said board, exceed its need for such expenditures during such fiscal year, any such unexpended funds at the end of such fiscal year shall be carried forward by the board to be used in paying for its operating costs and expenses for the ensuing year. The board of education in the city and the board of education in the county may make payments to the board for school health services provided by the board for children of school age, resident in the city and the county respectively, which shall not be in excess of the cost thereof. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 168, sec. 1, effective June 17, 1954. -- Created 1942 Ky. Acts ch. 41, sec. 10.

KRS 212.480 Depository for funds

212.480. Depository for funds The board shall annually select a bank, or banks, or banking institutions for the current deposit of the board's funds for the current operating expenses and which bank, or banks or banking institutions shall give and maintain a bond, or bonds, or other form of security to be approved by the mayor and the county judge/executive, said bond, or bonds or other forms of security to be conditioned upon the safekeeping and prompt payment of said funds placed in said depository when demanded by a duly authorized officer of the board. The amount of said bond, or bonds or other form of security shall be, in the discretion of the board, the mayor and the county judge/executive, in any amount not less than one hundred thousand dollars ($100,000), or said depository, in lieu of said bond and with the approval of the board, the mayor and county judge/executive, may place in escrow or under the joint control of an officer of said depository and the chairman of the board, United States bonds or other United States securities of an amount not less than one hundred thousand dollars ($100,000). History: Created 1942 Ky. Acts ch. 41, sec. 11.

KRS 212.490 Power to receive gifts and donations -- Use -- Investment

212.490. Power to receive gifts and donations -- Use -- Investment (1) The board may receive and accept specific gifts, donations, contributions or endowments, the principal or income from which, as the case may be, shall be used for a specific purpose other than the ordinary and regular operating costs and expenses, and the board is hereby authorized to receive same and use the principal or income therefrom, as the case may be, for the specific purpose for which such gift, devise, bequest or endowment was made. The amount of moneys, funds, or assets so on hand or held for the use and benefit of these specific purposes shall not be considered for the purpose of KRS 212.350 to 212.620 as a balance at the end of the board's respective fiscal years for the purpose of reducing the amounts hereinabove provided for operating expenses. (2) Any donations given for immediate expenditure may be expended at the discretion of the board, and such donations as are given to it for investment may be invested or reinvested and the income from such investment or reinvestment expended in accordance with the terms of such donations within the purview of KRS 212.350 to 212.620. (3) Such board shall have the power to mortgage, pledge, sell and convey lands or goods so donated unless specifically prohibited by the terms of the donation and may, in its discretion, expend the proceeds in carrying out the purposes of KRS 212.350 to 212.620 or may if same are sold, invest or reinvest the proceeds in lands or such securities as are permitted for the investment of trust funds in KRS 386.020, provided, however, that where the donor has specified any particular method or kind of investment the wishes of the donor shall be complied with if possible. History: Created 1942 Ky. Acts ch. 41, sec. 12.

KRS 212.500 Selection of custodian for funds from donations and investments -- Bond -- Audits -- Compliance with KRS 65A.010 to 65A.090

212.500. Selection of custodian for funds from donations and investments -- Bond -- Audits -- Compliance with KRS 65A.010 to 65A.090 (1) The board shall annually select a strong, safe, and conservative trust company, doing business in the city in which said board exists, as custodian of the funds and securities of the board received from donations and investments for specific purposes, as set out above, and may authorize said trust company to make the actual investment and reinvestment of said funds, but the proposed sale or purchase of land and securities must first be submitted to and approved of by the board. The board shall exact from such trust company a bond in double the amount of any money or property received under KRS 212.350 to 212.620, that comes into said trust company's hands, and may take the capital stock of the trust company as security or require an additional surety bond or other form of security, in such amount as it shall deem necessary as security for the funds and property in the custody of the trust company. (2) All expenditures of said funds shall be made only by order of the board or by the proper officers designated by said board. (3) The board shall cause an annual audit to be made of the receipts, expenditures and investments of said fund by a certified public accountant who shall be approved by the mayor and county judge/executive of the city and county where such board is located. (4) The board shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Amended 2013 Ky. Acts ch. 40, sec. 65, effective March 21, 2013. -- Created 1942 Ky. Acts ch. 41, sec. 12.

KRS 212.510 Use of donations for other purposes

212.510. Use of donations for other purposes If, at any time in the future, the causes, prevention and cure of tuberculosis or any other disease may be so well established that research becomes unnecessary, or the purposes for which endowments, gifts or donations were made become unnecessary, then the board is authorized, with the consent of the mayor of said city and the county judge/executive of said county, or by an order of a Circuit Court having general equity jurisdiction, to devote the funds and income therefrom which have been donated, set up, or otherwise received for research work, along any particular line of disease and cure as may nearest approach the disease or purpose for which said funds were donated and received, or with the consent of the mayor of said city and the county judge/executive of said county, or upon an order of a Circuit Court having general equity jurisdiction, may donate said funds to such research institutions as can best carry out the wishes of various donors for the general purposes for which said endowments, gifts or donations were made. History: Created 1942 Ky. Acts ch. 41, sec. 12.

KRS 212.520 Fiscal year -- Budget estimates

212.520. Fiscal year -- Budget estimates The fiscal year of the board shall begin on July 1 of each year and shall end on June 30 of the following year. It shall be the duty of the appointive members of the board, during or before the month of May of each year, to prepare and certify to the fiscal court of the county and to the legislative body of the city, for their joint consideration, a preliminary budget showing the total funds which, in the judgment of the appointive members of the board, will be needed for its various departments, together with a statement showing the estimated balance, if any, which will be available on July 1 for expenditure during the next fiscal year following the certification of said statement, and also indicating, as nearly as may be possible, what additional funds or assets, other than appropriations, will be or become available for expenditure during said year. The board shall also furnish to said fiscal court and said legislative body any other information or data available to it, which said fiscal court or said legislative body may request. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 168, sec. 3, effective June 17, 1954. -- Created 1942 Ky. Acts ch. 41, sec. 13.

KRS 212.530 Transfer of funds of former health agencies

212.530. Transfer of funds of former health agencies Immediately following the qualification of the members and the organization of the board and the election of the director of health as herein provided for, the city, county, and board of tuberculosis hospital shall each turn over to the board for its sole use and benefit under KRS 212.350 to 212.620 all unexpended and unencumbered taxes and moneys which have been collected under any levy, budget or appropriation previously thereto made for the respective health departments of the city and the county and the board of tuberculosis hospital; and thereafter the said city and county shall likewise pay over to said board all moneys which may be collected by said city and county on tax levies made and set up in their respective budgets or appropriations for said city health department, county health department and board of tuberculosis hospital prior to such time as said board is organized and takes over its duties as in KRS 212.350 to 212.620 provided for. History: Created 1942 Ky. Acts ch. 41, sec. 13.

KRS 212.540 Budget

212.540. Budget (1) When the respective appropriations have been duly made by the city and county and an estimate of the amount of moneys that the board will receive from appropriations and from any and all other sources, for a fiscal year has been made, the board shall prepare and certify to the fiscal court of the county and the legislative body of the city for their approval, a revised financial budget setting forth the total amounts of funds available from all sources for expenditures during the board's fiscal year, and also setting forth, in as great detail as possible with respect to each administrative division, the estimated expenditures of the board for the said fiscal year. (2) A contingent fund for unanticipated expenditures may, with the approval of the fiscal court of the county and the legislative body of the city, be established in order to provide for such contingent and unanticipated needs as may arise during the board's said fiscal year and to supplement allotments to divisions which may require the same. The board, as nearly as may be practicable, shall make all disbursements and expenditures in each fiscal year in conformity with the revised budget allotments; but in the event of an emergency the board may, with the approval of the county judge/executive and the mayor of the city, reduce, withhold or transfer from one division to another, funds or assets so allotted. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 168, sec. 4, effective June 17, 1954. -- Created 1942 Ky. Acts ch. 41, sec. 14.

KRS 212.550 Accounts and financial records -- Audits

212.550. Accounts and financial records -- Audits The board shall install and maintain a modern and efficient system of accounting and keep financial records. The board, however, may select and use the finance department of such city to do its financial accounting and make its disbursements in such manner as may be agreed upon by and between the board and the director of finance of said city, which work shall be done by said finance department without compensation from the board. The Auditor of Public Accounts of the Commonwealth of Kentucky, the comptroller and inspector of such city, and the county auditor of such county, respectively, shall have access to the books and the records of the board, and upon the request of the Cabinet for Health and Family Services of Kentucky said Auditor of Public Accounts, or upon the direction of the legislative body of such city the said comptroller and inspector, or upon the direction of the fiscal court of such county the said county auditor, shall make an audit of the board's accounts and report back thereon. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 411, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 362, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1942 Ky. Acts ch. 41, sec. 15.

KRS 212.560 Current borrowing

212.560. Current borrowing The board shall have the power to borrow money on its own credit in anticipation of the revenue to be derived from appropriations provided for herein or of funds to be derived from other sources during the fiscal year in which the same is borrowed; and for such purpose the board may pledge said appropriations and funds, the collection and payment of which is anticipated during such year. Effective: June 17, 1954 History: Amended 1954 Ky. Acts ch. 168, sec. 5, effective June 17, 1954. -- Created 1942 Ky. Acts ch. 41, sec. 16.

KRS 212.570 Reports to Cabinet for Health and Family Services, fiscal court, and board of aldermen

212.570. Reports to Cabinet for Health and Family Services, fiscal court, and board of aldermen The board shall make an annual report of its fiscal and other operations to the Cabinet for Health and Family Services of Kentucky, the fiscal court of such county and to the legislative body of such city. Such report shall be filed within sixty (60) days after the close of the board's fiscal year and shall be accompanied by such information, tables, and data as may be necessary to present a reasonably detailed report of the board's condition and activities during the preceding fiscal year. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 412, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 363, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1942 Ky. Acts ch. 41, sec. 17.

KRS 212.580 Title to property -- Tax exemption -- Power to sell, mortgage or exchange

212.580. Title to property -- Tax exemption -- Power to sell, mortgage or exchange (1) The title to all property acquired for purposes of KRS 212.350 to 212.620, real, personal and mixed, whether acquired by deed, gift, purchase, devise, condemnation, or otherwise, shall vest in the board and shall be exempt from taxation. The board shall have the power, in its discretion, to sell or exchange any property, except real estate, which it owns, and it shall not be the duty of any person dealing with the board to look to the application of the proceeds of such sale or exchange. (2) The board shall not have the power to sell, mortgage, transfer, or exchange any real estate which it may at any time own, except real estate which it receives as provided in KRS 212.490 to 212.510, without the approval of the city by resolution of its legislative body duly approved by the mayor, and the approval of the fiscal court of the county by resolution duly adopted by said fiscal court. History: Created 1942 Ky. Acts ch. 41, sec. 18.

KRS 212.590 Power of condemnation

212.590. Power of condemnation The board shall have the power, by resolution reciting the need therefor and purpose thereof, to condemn real property located anywhere within such county. Eminent domain proceedings shall be conducted in the name of the board by the department of law of such city. The head of the department of law of such city or his assistant shall be the legal representative of the board in all matters and shall serve in that capacity without compensation from the board. In the exercise of its power of eminent domain, the board shall follow such proceedings as are provided in the Eminent Domain Act of Kentucky. All property thus acquired by the board shall be held, used and controlled by it in the same manner as is all other property of the board. History: Amended 1976 Ky. Acts ch. 140, sec. 90. -- Created 1942 Ky. Acts ch. 41, sec. 19.

KRS 212.600 Board to control health in all cities in county containing city of first class or consolidated local government

212.600. Board to control health in all cities in county containing city of first class or consolidated local government All municipalities in any county of this Commonwealth in which county there is located a city of the first class or a consolidated local government are hereby made subject to the provisions of KRS 212.350 to 212.620, and it shall be the duty of the board created in KRS 212.350 to make and enforce all reasonable regulations controlling or affecting the health of citizens and residents of said county, including all municipalities therein, in conformity with the provisions of KRS 212.350 to 212.620 and the laws of the Commonwealth of Kentucky, the rules and regulations of the Cabinet for Health and Family Services of Kentucky, and the ordinances of said municipalities now or hereafter in effect and not in conflict with the provisions of KRS 212.350 to 212.620. Such regulations shall, as nearly as may be practicable, be uniform throughout the county, both within and without the said municipalities; provided, however, that nothing contained in this section shall be construed to prevent the board from making specific health regulations applying only to such section or sections of said county as may be deemed to require special treatment. The board shall have power and authority to examine into all nuisances, sources of filth, and causes or probable causes of sickness, which may in its opinion be injurious to the health of the residents of such county or of any section or sections thereof. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 413, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 346, sec. 208, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 364, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1942 Ky. Acts ch. 41, sec. 20.

KRS 212.610 Public hearings -- Production of evidence

212.610. Public hearings -- Production of evidence The board, in such manner as it shall provide by appropriate rules and regulations, is authorized to and shall conduct public hearings, upon notice duly given, concerning violations, committed within its jurisdiction, of the provisions of KRS 212.350 to 212.620, or the aforesaid health laws, ordinances, or regulations, or of regulations or orders of the board herein created. The board, for the purpose aforesaid, is authorized to subpoena and examine witnesses, and certify official acts. Any member of the board is empowered and authorized to administer oaths and swear witnesses in any matter that is before the board. History: Created 1942 Ky. Acts ch. 41, sec. 20.

KRS 212.620 Abatement of nuisances -- Enforcement of orders

212.620. Abatement of nuisances -- Enforcement of orders (1) Whenever any such aforesaid nuisance, source of filth, or cause or probable cause of sickness, shall be found by the board to exist on any private or public property within such county, including the municipalities therein, in violation of said laws or regulations, which said violation injuriously affects or may affect the health of the residents of said county or section thereof, the board shall have the power and authority to order in writing the owner or occupant or user thereof, by appropriate action, at the expense of such owner, occupant or user, to correct and remove said nuisance, source of filth, or cause or probable cause of sickness, within twenty-four (24) hours or within such reasonable time as the board may order. (2) In case of a failure on the part of any person, firm or corporation, or persons, firms or corporations, to comply with any lawful order of the board, or with process, or in case of the refusal of any witness to testify concerning any matter on which he may be lawfully interrogated, the Circuit Court or a judge thereof, having jurisdiction in such county, may, on application of the board or of any member thereof, compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such a court, or a refusal to testify therein. History: Created 1942 Ky. Acts ch. 41, sec. 20.

KRS 212.625 Animal shelter for animals

212.625. Animal shelter for animals Each city-county board of health created by KRS 212.350 shall establish, maintain, and operate an animal shelter for animals in which, except as otherwise provided by law, shall be impounded all stray, vicious, or diseased animals taken up or collected in the county, whether in incorporated or unincorporated areas, by any public officer or authority or by any other person. Each board shall, throughout the county, including all municipalities within the county, enforce all statutes, ordinances of cities, orders or resolutions of the fiscal court of the county, and regulations of the board or any other governmental body or agency authorized to promulgate regulations, relating to the taking up, collection, and impounding of stray, vicious, or diseased animals. Each board may promulgate and enforce reasonable and necessary regulations providing for the collection and impounding of animals and governing the use and operation of animal shelters. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 189, sec. 26, effective July 13, 2004. -- Created 1954 Ky. Acts ch. 213, sec. 1, effective June 17, 1954.

KRS 212.626 Definitions for KRS 212.627 to 212.639

212.626. Definitions for KRS 212.627 to 212.639 As used in KRS 212.627 to 212.639, unless the context otherwise requires: (1) "Board" means the urban-county board of health; (2) "City-county board of health" means the city, county, or city-county board of health existing in the county on July 1, 1977; (3) "City-county department of health" means the city, county, or city-county department of health existing in the county on July 1, 1977; (4) "Commissioner" means the commissioner of health for the urban-county health department; (5) "County" means any county of the Commonwealth containing any city with a population of over one hundred thousand (100,000) at the time of merger creating an urban-county form of government; (6) "Department" means the urban-county department of health as created in KRS 212.627 and its designated agents; (7) "Cabinet" means the Cabinet for Health and Family Services; (8) "Mayor" means the chief executive officer of any county containing any city with a population of over one hundred thousand (100,000) at the time of merger creating an urban-county form of government; and (9) "Person" means any person, or domestic or foreign individual corporation, government, or governmental subdivision or agency, business, estate, trust, partnership, unincorporated association, two (2) or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 414, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 365, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 347, sec. 1, effective July 1, 1977.

KRS 212.627 Urban-county department of health and board of health -- Establishment - - Jurisdiction -- Powers and duties

212.627. Urban-county department of health and board of health -- Establishment - - Jurisdiction -- Powers and duties In each county of the Commonwealth containing any city with a population of over 100,000 at the time of merger creating an urban-county form of government, there is hereby established an urban-county department of health which shall be known as the "(name of city) - (name of county) Urban-County Department of Health." The department when established shall be governed by a board which shall be a body politic and corporate, and shall be known as the "(name of city) - (name of county) Urban-County Board of Health." The board shall have jurisdiction throughout the county, including within all municipalities of the county with respect to and in accordance with the provisions of KRS 212.626 to 212.639. The board may, in its corporate name, sue and be sued, contract and be contracted with, acquire real, personal and mixed property by deed, purchase, gift, devise, lease or otherwise, and mortgage, pledge, sell, convey or otherwise dispose of same. The board may make appropriate rules and regulations and do all things reasonable or necessary in order to carry out the work and to properly perform the duties intended as required under the provisions of KRS 212.626 to 212.639. The title to all property acquired for purposes of KRS 212.626 to 212.639 whether real, personal and mixed, or whether acquired by deed, gift, purchase, devise, or otherwise, shall vest in the board and shall be exempt from taxation. When and after the board and department established under the provisions of KRS 212.626 to 212.639 are organized and except as otherwise provided herein, the board and department shall succeed to and be vested with all of the functions, obligations, powers, duties and privileges now being exercised by the city-county board of health and city-county department of health, and thereupon the city- county board of health and city-county department of health shall cease to exist and all laws and amendments to any such laws, relating to and governing the city-county board of health and city-county department of health, in conflict with the provisions of KRS 212.626 to 212.639 shall, to the extent of such conflict, stand and be repealed. Effective: July 1, 1977 History: Created 1976 Ky. Acts ch. 347, sec. 2, effective July 1, 1977.

KRS 212.628 Transfer of property to board of health -- Powers and duties of board

212.628. Transfer of property to board of health -- Powers and duties of board (1) All real, personal, and mixed property belonging to the city-county board of health or city-county department of health is hereby transferred to the board and the city- county board of health or city-county department of health shall take all the necessary and proper steps to effect the legal transfer of title and possession of all such property to the board. (2) When the board has been organized and all property transferred as provided under subsection (1) of this section, the board may control, operate, or monitor all matters within the county affecting public health including institutions established to safeguard the public health which may encompass city or county medical facilities, nursing homes, medical care of the indigent, and laboratories and clinics necessary for the promotion of public health and environmental protection and which are required or permitted under the provisions of any act of the General Assembly, under any ordinances, orders, and resolutions of the legislative body of the county, or under any rules or regulations promulgated by the Cabinet for Health and Family Services, or by the board. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 415, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 366, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 347, sec. 3, effective July 1, 1977.

KRS 212.629 Board to establish fee schedules

212.629. Board to establish fee schedules (1) The board may establish schedules of fees and charges for any services rendered by the department and may recover the fees and charges for services from any person who receives the services. (2) In establishing the schedules the board may make reasonable classifications based upon the financial ability of persons to pay and may vary the charge in accordance with such classifications but no fees or charges shall in any event exceed the approximate cost of rendering the service, including drugs, pharmaceuticals, medicines, laboratory supplies or other material used. Effective: July 1, 1977 History: Created 1976 Ky. Acts ch. 347, sec. 4, effective July 1, 1977.

KRS 212.631 Board may recover reasonable value of services furnished

212.631. Board may recover reasonable value of services furnished In any case in which the department renders medical services to a person who is injured or suffers from a disease, after July 1, 1977, under circumstances creating a tort liability upon some third person to pay damages therefor, the board may recover from any third person the reasonable value of the services so furnished or to be furnished and shall, as to this right, be subrogated to any right or claim that the injured or diseased person, his guardian, personal representative, estate, dependents, or survivors has against such third person to the extent of the reasonable value of the services so furnished or to be furnished. The commissioner may also require the injured or diseased person, his guardian, personal representative, estate, dependents or survivors, as appropriate, to assign his claim or cause of action against the third person to the extent of that right or claim. Effective: July 1, 1977 History: Created 1976 Ky. Acts ch. 347, sec. 5, effective July 1, 1977.

KRS 212.632 Board membership

212.632. Board membership (1) The board shall be composed of thirteen (13) members, one (1) of whom shall be an ex officio member and the mayor of the urban-county government, one (1) of whom shall be an ex officio member and a member of the urban-county government legislative body and appointed by the mayor, and eleven (11) of whom shall be appointed by the mayor with the approval of the urban-county government legislative body. Of the eleven (11) appointed members, three (3) shall be licensed and practicing physicians, one (1) a licensed and practicing dentist, one (1) a licensed and practicing registered nurse, and six (6) members at large. Appointment of the physician, dentist, and nurse shall be made from a list of three (3) nominees submitted by any of the respective county professional societies for which a vacancy exists. All appointed members shall reside in the county of the board to which they are appointed and shall be eligible for reappointment. (2) At the expiration of any term of office, the successor to each member shall be appointed in the manner prescribed under the provisions of subsection (1) of this section for a term of office of two (2) years and until the successor is appointed and qualified. (3) All vacancies occurring on the board by reason of death, resignation, disqualification, removal, or otherwise shall be filled for the unexpired term in the manner prescribed under the provisions of subsection (1) of this section. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 80, sec. 4, effective July 15, 2002; and ch. 214, sec. 1, effective July 15, 2002. -- Created 1976 Ky. Acts ch. 347, sec. 6, effective July 1, 1977. Legislative Research Commission Note ((7/15/2002). This section was amended by 2002 Ky. Acts chs. 80 and 214, which are in conflict. Under KRS 446.250, Acts ch. 214, which was last enacted by the General Assembly, prevails.

KRS 212.633 Board meetings -- Quorum

212.633. Board meetings -- Quorum (1) The board shall elect from among its members a chairman who shall serve for a one (1) year term and be eligible for reelection. A quorum for all meetings of the board shall consist of a majority of the members of the board, except that for the selection or dismissal of the commissioner, a quorum shall consist of not fewer than ten (10) of the thirteen (13) members of the board. All official action by the board shall be by a vote of a majority of all board members present. (2) The board for administrative purposes may create any committees and offices as it deems necessary and adopt any and all necessary and appropriate rules and regulations for the conduct of its business and for carrying out the provisions of KRS 212.626 to 212.639, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. The board shall hold at least one (1) regular meeting in each month and any other meetings upon call of the chairman of the board as may be necessary. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 214, sec. 2, effective July 15, 2002. -- Created 1976 Ky. Acts ch. 347, sec. 7, effective July 1, 1977.

KRS 212.635 Commissioner -- Appointment -- Qualifications -- Duties

212.635. Commissioner -- Appointment -- Qualifications -- Duties (1) The board shall appoint a commissioner for the department with the qualifications specified and subject to the provisions set forth under subsection (3) of this section. (2) The board shall hear and decide appeals from rulings, decisions, and actions of the department or commissioner, where the aggrieved party makes a written request to the board within thirty (30) days after the ruling, decision, or action complained of. (3) The commissioner may be a physician, qualified as a public health administrator and licensed or eligible for a license as a medical practitioner in the Commonwealth of Kentucky, or may be a nonphysician with a minimum of a master's degree in public health or a related field and at least five (5) years of experience in public health or a related field. The commissioner of the health department shall receive an annual salary as prescribed by the board subject to the provisions of the department's merit system, payable as other salaries are paid, and shall serve at the pleasure of the board. If the commissioner is removed by the board he or she shall be notified in writing. Before his or her removal shall become effective, the commissioner shall have fourteen (14) cal endar days within which to make a written request for a hearing. The board shall not be required to hold a hearing unless so requested by the commissioner. If no such request is made the removal shall become effective upon the expiration of the fourteen (1 4) day period. If a request for a hearing is made the hearing shall be held at the office of the board within fourteen (14) calendar days after the request is received by the board. The commissioner shall not be removed until after a hearing has been held if requested and a decision rendered by the board. The board's decision shall be final. (4) The commissioner shall serve as secretary to the board and keep full minutes of the proceedings of the board. The commissioner shall be the chief administrative officer of the department. The commissioner may employ and fix the compensation of, by contract or otherwise, all medical, technical, clerical, professional, and other employees necessary for the maintenance and operation of the department in accordance with the merit system as established by the board. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 180, sec. 2, effective June 29, 2023. -- Created 1976 Ky. Acts ch. 347, sec. 9, effective July 1, 1977.

KRS 212.636 Department employees -- Compensation plan -- Merit system -- Personnel board

212.636. Department employees -- Compensation plan -- Merit system -- Personnel board (1) The board shall establish the compensation plan for all employees of the department, and such compensation shall be as nearly comparable as practicable with the compensation paid to and received by employees in comparable agencies. (2) The employees of the department shall be employed and governed in accordance with a merit system. The board shall provide for the recruitment, examination, appointment, promotion, transfer, lay-off, removal, discipline, compensation, and welfare of the department's employees by establishing a system of personnel administration based on merit principles and scientific methods whereby the rules and regulations of such system shall not be less stringent than those of the merit system of the Cabinet for Health and Family Services. Such system shall include a personnel board of five (5) members appointed by the board for two (2) year terms. The board shall select as members of the personnel board public-spirited citizens of recognized experience in the improvement of public administration and in the impartial selection of efficient public personnel. The personnel board shall be responsible for establishing rules and regulations for the purpose of governing the administration of the personnel system. The commissioner shall function as appointing authority in and with respect to the personnel matters of the board. The board shall have one (1) year from July 1, 1977, to implement such a system. (3) Notwithstanding the provisions of KRS 61.510 to 61.692 and KRS 78.510 to 78.852, on July 1, 1977, all regular full-time present and future public health employees of the department shall be included within the provisions of the state retirement system. (4) When the board is qualified and organized as provided in KRS 212.626 to 212.639, all city-county department of health employees at that time shall be transferred to and continued in the service of the department created under KRS 212.626 to 212.639. Provided, however, that any and all of such employees who at that time are in the classified service of the city-county department of health shall be continued in the classified service of the department with the same status they have had in the classified service of the city-county department of health. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 416, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 367, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 188, sec. 207, effective July 15, 1980. -- Created 1976 Ky. Acts ch. 347, sec. 10, effective July 1, 1977.

KRS 212.637 Indebtedness

212.637. Indebtedness The board shall not incur nor permit the incurrence of any indebtedness, in any manner or for any purpose, in an amount exceeding, in any fiscal year of the board, the income and revenue provided for the year through the appropriation provided for in KRS 212.639 or under any other provision of KRS 212.626 to 212.639 and funds derived from any other sources, without the assent of the voters in the county, voting at an election called and held for that purpose. Effective: July 15, 1996 History: Amended 1996 Ky. Acts ch. 280, sec. 28, effective July 15, 1996. -- Created 1976 Ky. Acts ch. 347, sec. 11, effective July 1, 1977.

KRS 212.638 Contract bidding for work, supplies, or materials

212.638. Contract bidding for work, supplies, or materials All work performed or supplies or materials purchased in carrying out the provisions of KRS 212.626 to 212.639 when involving an expenditure of twenty thousand dollars ($20,000) or more shall be by contract awarded to the lowest and best bidder after advertisement by publication pursuant to KRS Chapter 424. All bids or parts of bids, for any such work or supplies may be rejected by the board. The board, however, may itself do or cause to be done, any part of its work under such conditions as it may prescribe by day labor. The commissioner may act on the behalf of the board in such matters. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 76, sec. 1, effective July 15, 2010. -- Created 1976 Ky. Acts ch. 347, sec. 12, effective July 1, 1977.

KRS 212.639 State aid -- Budget -- Annual report -- Compliance with KRS 65A.010 to 65A.090

212.639. State aid -- Budget -- Annual report -- Compliance with KRS 65A.010 to 65A.090 (1) To provide sufficient funds for carrying out the provisions of KRS 212.626 to 212.639, the department shall be entitled to the same state aid as is provided for county and district health departments under KRS 212.120, upon notice of the establishment of the department being given to the Cabinet for Health and Family Services as provided in KRS 212.120, the legislative intent being hereby declared to be that funding from the Cabinet for Health and Family Services be continued at least at the same level and proportion after July 1, 1977, as before its implementation and that modification or alteration of the annual allotment not be made unless for causes enumerated under the provisions of KRS 212.120. (2) If the sums derived from the appropriations, together with funds otherwise available from any other source to the board during any fiscal year, for its necessary expenditures in the maintenance and operation of the board, exceed its need for such expenditures during such fiscal year, any such unexpended funds at the end of the fiscal year shall be carried forward by the board to be used in paying for its operating costs and expenses for its ensuing year. (3) The fiscal year of the board shall begin on July 1 of each year and shall end on June 30 of the following year. (4) In a timely fashion governed by the requirements of the various funding sources such as the Cabinet for Health and Family Services, urban-county government, and any and all other sources, the commissioner shall prepare for board approval a budget setting forth the total amounts of funds available from all sources for expenditures during the board's fiscal year, and setting forth the estimated expenditures of the board for the fiscal year. (5) The board shall install and maintain a system of accounting and shall file an annual report of its fiscal and other operations to the Cabinet for Health and Family Services and to the legislative body of the urban-county government after the close of the board's fiscal year. The annual report shall be accompanied by such information, tables, and data as may be necessary to present a reasonably detailed report of the board's condition and activities during the preceding year. (6) The board shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Amended 2013 Ky. Acts ch. 40, sec. 66, effective March 21, 2013. -- Amended 2005 Ky. Acts ch. 99, sec. 417, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 368, effective July 15, 1998. -- Created 1976 Ky. Acts ch. 347, sec. 13, effective July 1, 1977.

KRS 212.640 City-county health department in county containing city with population of 15,000 or more -- Establishment -- Membership of board

212.640. City-county health department in county containing city with population of 15,000 or more -- Establishment -- Membership of board In any county containing a city, as defined in KRS 212.641, the fiscal court of the county and the legislative body of the city may, by joint action, establish a city-county health department. The department when established shall be governed by a city-county board of health composed of twelve (12) members, one (1) of whom shall be either the mayor, city manager, or the designee of the city manager of the city, whichever is appointed by the city legislative body, one (1) of whom shall be the county judge/executive, one (1) of whom shall be a dentist, one (1) of whom shall be a registered nurse, and three (3) of whom shall be physicians, one (1) of whom shall be a veterinarian, one (1) of whom shall be an engineer engaged in the practice of civil or sanitary engineering, one (1) of whom shall be an optometrist, one (1) licensed pharmacist, and one (1) lay person knowledgeable in consumer affairs residing in each county and appointed in the same manner as county board of health members and to hold office as provided in KRS 212.020. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 270, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 80, sec. 5, effective July 15, 2002. -- Amended 1994 Ky. Acts ch. 462, sec. 1, effective July 15, 1994. -- Amended 1970 Ky. Acts ch. 84, sec. 1. -- Amended 1962 Ky. Acts ch. 7, sec. 1. -- Created 1944 Ky. Acts ch. 122, sec. 1.

KRS 212.641 Definition of "city."

212.641. Definition of "city." As used in KRS 212.640 to 212.710, "city" means an incorporated city in the Commonwealth of Kentucky containing a population equal to or greater than fifteen thousand (15,000) based upon the most recent federal decennial census. Effective: January 1, 2015 History: Created 2014 Ky. Acts ch. 92, sec. 269, effective January 1, 2015.

KRS 212.650 Expense of maintaining city-county department

212.650. Expense of maintaining city-county department The expense of creating and establishing the city-county department of health shall be paid by the city and by the county in such proportion as may be agreed upon between the city legislative body and fiscal court at the time of establishing the department. After the department has been established the annual expense of maintenance shall be borne in the same proportion, or as may be agreed upon between the city legislative body and fiscal court, and the city legislative body and fiscal court shall each make an annual levy sufficient to produce the necessary amount. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 271, effective January 1, 2015. -- Created 1944 Ky. Acts ch. 122, sec. 2.

KRS 212.660 City-county health officer -- Employee benefits

212.660. City-county health officer -- Employee benefits (1) After the establishment of a city-county health department as provided in KRS 212.640, the city-county board of health shall appoint a health officer, subject to the approval of the Cabinet for Health and Family Services. Other persons necessary for the work of the city-county health department shall be appointed in the same manner and subject to the same conditions as are other county health department employees. (2) Any city health department employee who is covered by a pension fund for civil service employees, as authorized by KRS 90.400 or any other section of the Kentucky Revised Statutes, prior to the consolidation of the city-county health department, may elect to continue such coverage thereafter in lieu of electing coverage under the Kentucky Employees Retirement System, KRS 61.510 to 61.705; provided, however, that all new employees of such consolidated city-county health department shall thereafter be covered by the Kentucky Employees Retirement System. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 418, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 369, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Amended 1958 Ky. Acts ch. 96, sec. 6, effective June 19, 1958. -- Amended 1954 Ky. Acts ch. 209, sec. 7. -- Created 1944 Ky. Acts ch. 122, sec. 3.

KRS 212.670 Powers and duties of city-county board and department

212.670. Powers and duties of city-county board and department The city-county board of health and department of health shall have such powers, duties and privileges as are given by law to county boards and departments of health. History: Created 1944 Ky. Acts ch. 122, sec. 4.

KRS 212.680 Powers and duties of city-county health officer

212.680. Powers and duties of city-county health officer The health officer appointed by the city-county board of health shall have such powers and duties as are vested by law in health officers of county departments of health. History: Created 1944 Ky. Acts ch. 122, sec. 5.

KRS 212.690 Transfer of property and institutions

212.690. Transfer of property and institutions Upon the establishment of a city-county department of health under KRS 212.640, the property of the city board of health of the city and the property of the county board or department of health shall be transferred to the city-county department, and the city- county board of health shall assume control of any institutions formerly under the control of the city or county board or department of health. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 272, effective January 1, 2015. -- Created 1944 Ky. Acts ch. 122, sec. 6.

KRS 212.700 Jurisdiction of city-county department

212.700. Jurisdiction of city-county department The city-county department of health shall have jurisdiction over the entire county, including all cities within the county. History: Created 1944 Ky. Acts ch. 122, sec. 7.

KRS 212.710 State aid for city-county department

212.710. State aid for city-county department Any city-county department of health established under KRS 212.350 or 212.640 shall be entitled to the same state aid as is provided for county and district health departments under KRS 212.120, upon notice of the establishment of the department being given to the Cabinet for Health and Family Services as provided in KRS 212.120. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 419, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 370, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Amended 1960 Ky. Acts ch. 213, sec. 1. -- Created 1944 Ky. Acts ch. 122, sec. 8.

KRS 212.715 Orders of health agencies

212.715. Orders of health agencies No person shall fail or refuse to observe or obey a written order of any board of health, department of health, or health officer, issued pursuant to the provisions of law or regulations adopted thereunder. History: Amended 1958 Ky. Acts ch. 96, sec. 7. -- Created 1954 Ky. Acts ch. 209, sec. 8.

KRS 212.720 Creation of public health taxing districts

212.720. Creation of public health taxing districts Public health taxing districts created pursuant to this section prior to July 13, 1984, shall constitute and be a taxing district within the meaning of Section 157 of the Constitution of Kentucky. The members of the county or city-county board of health shall, by virtue of their office, constitute and be the governing body of the public health taxing district and shall perform the duties attendant thereto in addition to their duties as members of the county or city-county board of health. The officers of the county or city-county board of health shall be the officers of the public health taxing district. Effective: July 13, 1984 History: Amended 1984 Ky. Acts ch. 100, sec. 17, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 360, sec. 57, effective July 15, 1982. -- Created 1954 Ky. Acts ch. 156, sec. 1, effective June 17, 1954.

KRS 212.722 Compliance with KRS 65A.010 to 65A.090

212.722. Compliance with KRS 65A.010 to 65A.090 The board of a public health taxing district shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Created 2013 Ky. Acts ch. 40, sec. 67, effective March 21, 2013.

KRS 212.725 Imposition of special ad valorem public health tax

212.725. Imposition of special ad valorem public health tax (1) If, after the establishment of the public health taxing district, as provided in KRS 212.720, the tax-levying authorities of the district, in the opinion of the county or city-county board of health, do not appropriate an amount sufficient to meet the public health needs of the county or the city-county health department or do not appropriate an amount sufficient to meet the standards prescribed by the Cabinet for Health and Family Services for health departments, the county or city-county board of health, acting as the governing body of the taxing district, shall with the approval of the Cabinet for Health and Family Services, impose by resolution a special ad valorem public health tax in an amount that it deems sufficient. (2) The special ad valorem public health tax shall not be: (a) Subject to the provisions of KRS 132.023; or (b) Levied in an amount that is in excess of: 1. The maximum amount approved by the electorate as provided for in KRS 212.720; or 2. Ten cents ($0.10) per one hundred dollars ($100) of full value assessed valuation. (3) The fiscal court shall upon receipt of a duly certified copy of said resolution, include in the next county ad valorem tax levy said special public health tax imposed by the county or city-county board of health which shall be in addition to all other county ad valorem taxes. (4) The special public health tax shall be collected in the same manner as are other county ad valorem taxes and turned over to the county or city-county board of health. (5) Moneys derived from the special ad valorem public health tax: (a) Shall be used for the maintenance and operation of the county or city-county health department; (b) May be expended for the construction, alteration, or modification of a public health center or other suitable housing facility for the county or city-county health department; and (c) May be expended for funding for full-time equivalent foundational public health service providers as permitted by KRS 211.186(3). Effective: March 17, 2020 History: Amended 2020 Ky. Acts ch. 21, sec. 10, effective March 17, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 420, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 371, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (3) and (11). -- Created 1954 Ky. Acts ch. 156, sec. 2, effective June 17, 1954.

KRS 212.750 Public health taxing district created in counties not electing to create same -- Officers

212.750. Public health taxing district created in counties not electing to create same -- Officers (1) It is the intent of this section and KRS 212.755, inter alia, to create a public health taxing district via operation of law in every county of the Commonwealth that has not heretofore created same except in counties containing cities of the first class or a consolidated local government. (2) In all counties where a county or city-county health department or urban-county department of health has been established, except in counties containing a city of the first class or a consolidated local government, and a public health taxing district has not been established pursuant to the provisions of KRS 212.720, 212.722, and KRS 212.725, a public health taxing district is hereby declared to be created upon June 13, 1968, or upon the creation of an urban-county department of health. The members of the county or city-county board of health or urban-county department of health shall, by virtue of their office, constitute and be the governing body of the public health taxing district and shall perform the duties attendant thereto in addition to their duties as members of the county or city-county board of health or urban-county department of health. The officers of the county or city-county board of health or urban-county department of health shall be the officers of the public health taxing district. (3) Nothing in this section and KRS 212.755 shall in any way abridge the rights of two (2) or more counties from establishing a district health department. Effective: March 17, 2020 History: Amended 2020 Ky. Acts ch. 21, sec. 12, effective March 17, 2020. -- Amended 2002 Ky. Acts ch. 214, sec. 4, effective July 15, 2002; and ch. 346, sec. 209, effective July 15, 2002. -- Created 1968 Ky. Acts ch. 202, secs. 1, 2 and 5.

KRS 212.755 Tax levy for district to be made on request of board -- Limits -- Permissible uses of special ad valorem public health tax

212.755. Tax levy for district to be made on request of board -- Limits -- Permissible uses of special ad valorem public health tax (1) If, after the establishment of the public health taxing district as provided for in this section and KRS 212.750, the tax-levying authorities of the district, in the opinion of the county or city-county board of health or urban-county department of health, do not appropriate an amount sufficient to meet the public health needs of the county or the city-county health department or urban-county department of health or do not appropriate an amount sufficient to meet the standards prescribed by the Cabinet for Health and Family Services for local health departments, the county or city-county board of health or urban-county department of health, acting as the governing body of the taxing district shall, with the approval of the Cabinet for Health and Family Services, request the fiscal court or urban-county government to impose by resolution a special ad valorem public health tax in an amount that it deems sufficient. (2) The special ad valorem public health tax shall not be: (a) Subject to the provisions of KRS 132.023; or (b) Levied in an amount that is in excess of ten cents ($0.10) per one hundred dollars ($100) of full value assessed valuation. (3) The fiscal court or urban-county government may, upon receipt of a duly certified copy of the resolution, include in the next county ad valorem tax levy the special public health tax imposed by the county or city-county board of health or urban- county department of health, which shall be in addition to all other county ad valorem taxes. (4) If levied by the fiscal court or urban-county government, the special public health tax shall be collected in the same manner as are other county ad valorem taxes and turned over to the county or city-county board of health or urban-county department of health. (5) Moneys derived from the special ad valorem public health tax: (a) Shall be used for the maintenance and operation of the county, city-county, or district health department or urban-county department of health; (b) May be expended for the construction, alteration, or modification of a public health center or other suitable housing facility for the county or city-county health department or urban-county department of health; and (c) May be expended for funding for full-time equivalent foundational public health service providers as permitted by KRS 211.186(3). Effective: March 17, 2020 History: Amended 2020 Ky. Acts ch. 21, sec. 11, effective March 17, 2020. -- Amended 2005 Ky. Acts ch. 99, sec. 421, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 214, sec. 5, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 410, sec. 1, effective January 1, 1999; and ch. 426, sec. 372, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Created 1968 Ky. Acts ch. 202, secs. 3 and 4.

KRS 212.780 Definitions for KRS 212.780 to 212.794

212.780. Definitions for KRS 212.780 to 212.794 As used in KRS 212.780 to 212.794 the following definitions shall apply: (1) "Board" means independent district board of health as created in KRS 212.780 to 212.794; (2) "Cabinet" means Cabinet for Health and Family Services; (3) "County board of health" means a local board of health as defined by KRS 212.640 or 212.020; (4) "Department" means independent district department of health created in KRS 212.780 to 212.794; (5) "Director" means the district director of health; (6) "District board of health" means the district board of health as established pursuant to KRS 212.810 to 212.930; (7) "District department of health" means the district department of health as established pursuant to KRS 212.810 to 212.930; (8) "Independent district board of health" means the independent district board of health as created in KRS 212.780 to 212.794; (9) "Judge/executive" means the county judge/executive of any county fiscal court as defined in KRS 67.700 to 67.710; and (10) "Metropolitan statistical area" (MSA) means metropolitan statistical area as defined by the United States Bureau of the Census, United States Department of Commerce. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 422, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 373, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 75, sec. 1, effective July 13, 1990.

KRS 212.782 Establishment of independent district board of health and independent district department of health

212.782. Establishment of independent district board of health and independent district department of health (1) An independent district board of health and an independent district department of health may be established in areas where an existing district board of health and district department of health includes counties which are a part of an interstate MSA where the Kentucky population of the interstate MSA exceeds two hundred fifty thousand (250,000) people on July 1, 1989, as estimated by annual population estimates by the United States Bureau of the Census. (2) The county fiscal courts of any county within an area may by resolution of the respective fiscal courts, passed by a majority vote of the members present, unite the counties to create, establish, maintain, and operate an independent district department of health as defined in KRS 212.780. Each fiscal court shall provide for its proportion of the cost for the creation, establishment, maintenance, and operation of the department by resolution. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 75, sec. 2, effective July 13, 1990.

KRS 212.784 Jurisdiction and powers of board

212.784. Jurisdiction and powers of board (1) Independent district departments of health shall be governed by an independent district board of health which shall be a body politic and corporate. The board shall have jurisdiction throughout the counties, including within all municipalities of the counties with respect to and in accordance with the provisions of KRS 212.780 to 212.794. The board may, in its corporate name, sue and be sued, contract and be contracted with, acquire real, personal, and mixed property by deed, purchase, gift, devise, lease, or otherwise, and mortgage, pledge, sell, convey, or otherwise dispose of same. The board may make appropriate rules and regulations and do all things reasonable or necessary in order to carry out the work and to properly perform the duties intended as required under the provisions of KRS 212.780 to 212.794, except that the board shall not adopt, unless otherwise provided by law, rules and regulations in conflict with state laws or administrative regulations. The title to all property acquired for purposes of KRS 212.780 to 212.794 whether real, personal, and mixed, or whether acquired by deed, gift, purchase, devise, or otherwise, shall vest in the board and shall be exempt from taxation. When and after the board and department established under the provisions of KRS 212.782 are organized, and except as otherwise provided herein, the board and department shall succeed to and be vested with all of the functions, obligations, powers, duties, immunities, and privileges now being exercised by the district board of health and district department of health, and thereupon the district board of health and district department of health shall cease to exist and all laws and amendments to any such laws, relating to and governing the district board of health and district department of health, in conflict with the provisions of KRS 212.780 to 212.794 shall, to the extent of such conflict, stand and be repealed. (2) When an independent district board of health is created pursuant to KRS 212.782, all powers and duties of the previous district board of health and local boards of health, except as otherwise provided in KRS 212.780 to 212.794, are transferred to the newly created independent district board of health and independent district department of health. Independent district boards of health and independent district departments of health established under KRS 212.782 shall succeed to and be vested with all the functions, powers, obligations, duties, immunities, and privileges exercised by a district health department and local board of health. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 80, sec. 3, effective June 24, 2015. -- Created 1990 Ky. Acts ch. 75, sec. 3, effective July 13, 1990.

KRS 212.786 Membership of board -- Terms -- Vacancies

212.786. Membership of board -- Terms -- Vacancies (1) The independent district board of health shall be composed of the following members: (a) The judge/executive or his designee as an ex officio member from each participating county; (b) The chairman from each participating local board of health as an ex officio member; and (c) Additional members appointed by the judge/executive with the approval of the fiscal court including, at least to the extent practicable, from the following professions: 1. Registered nurses; 2. Licensed veterinarians; 3. Licensed dentists; 4. Licensed physicians; 5. Licensed podiatrists; 6. Licensed optometrists; 7. Mental health professionals; 8. Public health professionals; 9. Consumers; and 10. Licensed pharmacists. The appointments under paragraph (c) of this subsection shall be made taking into consideration the need for a balanced representation on the board of the professions listed under paragraph (c) of this subsection. Each member shall serve a term of two (2) years with a maximum of three (3) consecutive terms, except ex officio members who shall continue to serve. (2) The judge/executive, or his designee and the chairman of the local board of health shall serve as ex officio members of the district board of health. Additional appointments shall be based on population. Each county shall have an appointment of one (1) member for thirty thousand (30,000) population or portion thereof. Additional members shall be at a rate of one (1) member per whole increment of thirty thousand (30,000) population. The mayor of each city containing a population equal to or greater than fifteen thousand (15,000) based upon the most recent federal decennial census, or his or her designee, shall serve as an ex officio member of the district board of health and shall count against the population-based appointees. (3) All appointments made prior to June 24, 2015, shall remain unaffected, and the appointed members shall serve the remainder of their terms. The most recent estimates published by the United States Department of Commerce, Bureau of the Census shall be used for appointments based on population made after June 24, 2015. (4) The judge/executive shall fill all vacancies occurring by reason of death, resignation, or disqualification and do so for the unexpired term. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 80, sec. 2, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 92, sec. 273, effective January 1, 2015. -- Amended 2002 Ky. Acts ch. 80, sec. 6, effective July 15, 2002. -- Created 1990 Ky. Acts ch. 75, sec. 4, effective July 13, 1990.

KRS 212.788 Quorum -- Officers -- Compensation -- Meetings

212.788. Quorum -- Officers -- Compensation -- Meetings (1) The majority of all members of an independent district board of health shall constitute a quorum. The board shall elect a chairman and vice chairman and other officers as deemed necessary. The chairman and vice chairman shall serve for one (1) year terms. The independent district board of health may elect an executive committee for the conduct of such business and the discharge of such duties as the board may delegate. (2) Members of an independent district board of health shall serve without pay but may be reimbursed for expenses incurred in connection with such service. (3) The board may create committees it deems necessary, adopt any rules and regulations for the conduct of business and for carrying out the provisions of KRS 212.780 to 212.794. The board shall keep a record of all resolutions, transactions, findings and determinations, which shall be public records. The board shall hold at least four (4) regular meetings in each year. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 75, sec. 5, effective July 13, 1990.

KRS 212.790 District director of health -- Qualifications and authority -- Compensation -- Removal procedure

212.790. District director of health -- Qualifications and authority -- Compensation -- Removal procedure (1) The board shall appoint a district director of health for the department as set forth in this section. (2) The district director of health m ay be a physician, qualified as a public health administrator and licensed or eligible for practice as a medical practitioner in the Commonwealth of Kentucky, or may be a nonphysician with a minimum of a master's degree in public health or a related field and at least five (5) years of experience in a management capacity with a health department. The district director of health shall receive an annual salary as prescribed by the board, subject to the provisions of the department's merit system, and shall se rve at the pleasure of the board. If the district director of health is removed by the board, he or she shall be notified in writing, and within fourteen (14) days may make a written request for a hearing. If no request is made, the removal shall become ef fective upon the expiration of fourteen (14) days. If a request for hearing is made, the hearing shall be held at the office of the department within fourteen (14) calendar days after the request is received by the board. The district director of health sh all not be removed until after a hearing has been held, and a decision rendered by the board. The board decision shall be final. (3) The district director of health shall serve as secretary to the board of health, the chief administrative officer of the department, and may employ and fix compensation of, by contract or otherwise, all employees necessary for the maintenance and operation of the department in accordance with the merit system as established by the board. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 180, sec. 3, effective June 29, 2023. -- Created 1990 Ky. Acts ch. 75, sec. 6, effective July 13, 1990.

KRS 212.792 Personnel matters

212.792. Personnel matters (1) The board shall establish a compensation plan for all employees of the department. (2) The employees of the department shall be employed and governed in accordance with the board's merit system. The board shall provide for the recruitment, examination, appointment, promotion, transfer, lay-off, removal, discipline, compensation, and welfare of the department's employees by establishing a system of personnel administration based on merit principles. The systems shall include a personnel board of at least five (5) members appointed by the board for two (2) year terms. The personnel board shall establish rules and regulations governing the administration of the personnel system. The district director of health shall function as the appointing authority for personnel matters of the board. The board shall have one (1) year from the implementation of KRS 212.780 to 212.794 to provide for a merit system. (3) Notwithstanding the provisions of KRS 61.510 to 61.692 and 78.510 to 78.852 all regular full-time, present and future public health employees of an independent district department of health shall be included within the provisions of the Kentucky Retirement System. (4) When a personnel board is organized as provided in this section, all health department employees shall be transferred to and continued in the service of the department created under KRS 212.782. Any health department employee who is in classified service at the time of the establishment of a personnel system shall be continued in the classified service of the newly created department with the same status held in the district department of health. Effective: July 13, 1990 History: Created 1990 Ky. Acts ch. 75, sec. 7, effective July 13, 1990.

KRS 212.794 Bases for funding and budgeting -- Accounting and records system -- Annual report -- Compliance with KRS 65A.010 to 65A.090

212.794. Bases for funding and budgeting -- Accounting and records system -- Annual report -- Compliance with KRS 65A.010 to 65A.090 (1) The cost of creating, establishing, and maintaining the independent district health department shall be paid by the participating local boards of health in proportion to the taxable property of each county as determined by respective county assessments and in accordance with revenues generated pursuant to authority under KRS 212.720 and 212.725. (2) The independent district health department shall be entitled to the same state aid as provided for county and district health departments under KRS 212.120, upon notification of the establishment of the department being given to the cabinet, as provided in KRS 212.120. Funding from the cabinet shall be continued at least at the same level and proportion for similar public health activities the district after enactment of KRS 212.780 to 212.794 as before. Modification of annual allotments shall not be made unless in accordance with causes enumerated under the provisions of KRS 212.120. (3) An independent district board of health may establish schedules of fees and charges for any services rendered by the department and may recover the fees and charges for services from any person who receives services. (4) A board may make reasonable classifications in fee schedules based upon the financial ability of the person to pay and may vary charges in accordance with income classifications but no fee charged shall exceed the approximate cost of rendering such service. (5) The district director of health shall prepare a budget for the board's approval and set forth the total funds available from all sources for actual and estimated expenditure during the fiscal year. Fiscal years shall begin on July 1 of each year and shall end on June 30 of the following year. (6) A board shall install and maintain a system of accounting and records and shall file an annual report and other documents required by the fiscal courts, to the cabinet and to the local boards of health within one hundred twenty (120) days of the close of the board's fiscal year. (7) A board shall comply with the provisions of KRS 65A.010 to 65A.090. Effective: March 21, 2013 History: Amended 2013 Ky. Acts ch. 40, sec. 68, effective March 21, 2013. -- Created 1990 Ky. Acts ch. 75, sec. 8, effective July 13, 1990.

KRS 212.810 Title

212.810. Title KRS 212.810 to 212.930 may be cited as the "Kentucky District Health Department Act of 1972". History: Created 1972 Ky. Acts ch. 301, sec. 1.

KRS 212.820 Legislative intent

212.820. Legislative intent It is the intent of KRS 212.810 to 212.930 to enable counties within various areas of the state to join together in the formation of a district health department to improve the delivery of health services to the people. History: Created 1972 Ky. Acts ch. 301, sec. 2.

KRS 212.830 Definitions for KRS 212.810 to 212.930

212.830. Definitions for KRS 212.810 to 212.930 As used in 212.810 to 212.930, unless the content requires otherwise: (1) "Cabinet" means the Cabinet for Health and Family Services; and (2) "Health officer" means the chief administrative officer of the district health department. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 423, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 374, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (11). -- Created 1972 Ky. Acts ch. 301, sec. 3.

KRS 212.840 District health departments -- Boundaries -- Costs

212.840. District health departments -- Boundaries -- Costs (1) The cabinet shall delineate and define geographical boundaries within which district health departments may be established. The fiscal courts of all counties within the boundaries delineated by the cabinet may, by resolution of each respective court, duly passed by a majority vote of the members present, unite all the counties into a district for the purpose of creating, establishing, maintaining, and operating a district health department. The resolution of each court shall be in effect for two (2) years awaiting the action of other fiscal courts to unite in the formation of a district health department. Each court, at the time of passing the resolution, shall provide for its proportion of the cost of the creation, establishment, maintenance and operation of the department, to be paid for by the county. (2) The cost of creating and establishing the district health department shall be paid by the counties comprising the district in proportion to the taxable property of each county as shown by their respective county assessments. The annual expense of maintaining and operating the district health department shall be borne by each county reasonably and equitably in proportion to the amount of the taxable property in each county, in amounts determined by the standards of the cabinet. History: Created 1972 Ky. Acts ch. 301, sec. 4.

KRS 212.850 Establishment of district health departments

212.850. Establishment of district health departments (1) Fiscal courts of all counties uniting to establish a district health department shall certify to the cabinet a copy of their resolution for establishing a district health department and providing for its maintenance and operation, and specifying the amount of the appropriation therefor. (2) If the cabinet finds that such a district health department has been proposed in accordance with the provisions of KRS 212.810 to 212.930 and that the appropriations are adequate, the cabinet shall enter an order declaring the district to be established and a copy of the order shall be filed with the Secretary of State and with the county clerk of each county concerned. When a district department of health is created all powers and duties of the county boards of health, except as otherwise provided in KRS 212.920, under existing statutes are transferred to the district board of health. The cabinet shall, on or before July 1 in each year, allot to each such district health department such amount that the cabinet deems to constitute a just and equitable share of funds available therefor from appropriation by the General Assembly, by grants and gifts received by this Commonwealth from the government of the United States of America or from any of its agencies or instrumentalities, and from other sources. (3) In determining the allotments referred to in subsection (2) of this section, the cabinet shall endeavor to provide for a distribution of the funds in a manner that is reasonably calculated to equalize, so far as practicable, local health services to the people of all counties served by the district health department. The cabinet may take into consideration variations existing between districts by reasons of difference in population, resources, industrialization, tax assessments and tax rates, and other local factors and conditions; the legislative intent being hereby declared to be that districts shall provide, from local sources of revenue that are available to them, financial support of district health departments to the extent of their respective abilities. (4) The cabinet may, in its discretion, alter or modify allotments from time to time and may cancel any allotment whenever it finds that a particular district health department is not maintained, operated and conducted in accordance with the standards prescribed by the cabinet. Nothing in this section shall be construed as requiring the cabinet to allot all funds available for local health purposes, or as prohibiting the cabinet from allotting such portion thereof, as the cabinet may determine, to a reserve account which may be sub-allotted by the cabinet in such manner that it considers proper in the event of emergencies, disaster or unforeseen events without regard to the provisions of subsection (3) of this section. Effective: June 17, 1978 History: Amended 1978 Ky. Acts ch. 384, sec. 345, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 301, sec. 5.

KRS 212.855 Members of district board of health -- Appointment -- Terms

212.855. Members of district board of health -- Appointment -- Terms (1) Except for district health departments which serve a county containing a city of the first class, an urban-county government, or which are part of an interstate metropolitan statistical area where the Kentucky population of the metropolitan statistical area exceeded two hundred fifty thousand (250,000) people on July 1, 1989, a district board of health shall consist of the following members: (a) The county judge/executive or his designee from each county in the district as an ex officio voting member; and (b) One (1) additional resident member per county per fifteen thousand (15,000) population or fraction thereof, which shall include the mayor, city manager, or the designee of the city manager of each city with a population equal to or greater than fifteen thousand (15,000) based upon the most recent federal decennial census as an ex officio voting member, except that the total number of members from any county in a district shall not exceed seven (7) members. (2) All members, except for the county judges/executive and the mayors of cities serving pursuant to subsection (1) of this section, shall be appointed by the county or city-county boards of health from the membership of each county or city-county board of health. (a) The secretary of the Cabinet for Health and Family Services shall notify the chairman of each county or city-county board of health in the district of the name of each member from that county whose term is expiring. (b) Upon receipt of the notification, under paragraph (a) of this subsection, each county or city-county board of health shall appoint one (1) of its members to fill each vacant position from that county. At least twenty-five percent (25%) or the nearest whole number to twenty-five percent (25%) of the appointed members of the district board shall be doctors of medicine or osteopathy qualified, licensed, and practicing in the Commonwealth, and there shall be at least one (1) qualified, licensed, and practicing registered nurse, one (1) qualified, licensed, and practicing dentist, one (1) licensed pharmacist, one (1) qualified licensed engineer engaged in the practice of civil or sanitary engineering, one (1) qualified, licensed, and practicing optometrist, and one (1) qualified, licensed, and practicing veterinarian, when available, among the membership of the board. The remaining members of the district board shall be concerned community leaders residing within the county from which they are to be representatives. (c) The chairman of the county or city-county board of health shall inform the secretary within forty-five (45) days of receipt of this notification of the names of the county or city-county board of health members appointed to serve on the district board. Appointed members of district boards of health shall not begin to serve on a district board of health until the time the secretary has certified their eligibility to serve on the board. (3) If a vacancy exists upon the district board, the vacancy shall be filled in a manner consistent with subsection (2) of this section, with the appointed member to fill the vacant seat coming from the county in which the vacancy occurs and the appointed member resides. If the term of a member on the county board of health expires or the member cannot complete the term on the county board, the seat on the district board of health shall be declared vacant and the county or city-county board of health shall appoint another of its members to fill any unexpired portion of the term on the district board. (4) The appointed members of the district board of health shall hold office for a term of two (2) years ending on December 31 or until their successors are appointed. The terms of the first appointments shall be staggered so that members whose terms expire on June 30, 1992, shall be replaced with appointed members whose terms expire on December 31, 1994. Members whose terms expire on June 30, 1993, shall be replaced with appointed members whose terms expire on December 31, 1995. (5) The secretary shall remove any appointed member who fails to attend three (3) consecutive scheduled meetings. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 274, effective January 1, 2015. -- Amended 2005 Ky. Acts ch. 99, sec. 424, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 80, sec. 7, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 375, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 462, sec. 2, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 121, sec. 3, effective July 14, 1992. - - Created 1982 Ky. Acts ch. 228, sec. 1, effective July 15, 1982. Legislative Research Commission Note (7/15/2002). Under the authority of KRS 7.136, the Reviser of Statutes has changed a reference in subsection (2)(b) of this section so that it reads "paragraph (a) of this subsection" rather than "subsection (a) of this section."

KRS 212.860 District board of health -- Meetings -- Quorum -- Compensation

212.860. District board of health -- Meetings -- Quorum -- Compensation (1) A majority of all the members of the district board of health shall constitute a quorum. The board shall elect a chairman and vice chairman and such other officers as it deems necessary for the board to conduct business. The district board of health may elect an executive committee representative of the district, for the conduct of such business and the discharge of such duties as the board may delegate. The committee shall meet as determined by the board or at the call of the district health officer. (2) Members of district boards of health shall serve without pay but may be reimbursed for expenses incurred in connection with such service in accordance with state travel regulations and the policies of the cabinet. (3) The district board of health shall appoint a health officer and fix his salary subject to the approval of the cabinet and applicable merit system regulations. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 228, sec. 3, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 301, sec. 6.

KRS 212.870 District health department -- Staff -- Compensation

212.870. District health department -- Staff -- Compensation (1) A district health officer may employ and fix the compensation of, by contract or otherwise, subject to the approval of the cabinet all medical, administrative, technical, clerical, professional, and other employees necessary for the maintenance and operation of the district health department in accordance with standards and merit system provisions prescribed by the cabinet. (2) In the absence of a district health officer the secretary of the Cabinet for Health and Family Services or his duly appointed representative shall serve as health officer for the district health department. (3) All employees of county health departments which join a district health department shall become employees of the district health department. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 425, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 376, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(2). -- Created 1972 Ky. Acts ch. 301, sec. 7.

KRS 212.880 Duties of district health departments

212.880. Duties of district health departments District health departments shall: (1) Administer and enforce in the district, except as otherwise provided by law, all applicable public health laws of the Commonwealth and all rules and regulations of the Cabinet for Health and Family Services and the rules and regulations of the district board of health; (2) With the advice of the district board of health and the cabinet, formulate, promote, establish, and execute policies, plans, and programs to safeguard the health of the people; and (3) Make such statistical or other studies and reports relating to the activities of the cabinet as may be deemed expedient or as may be required by the district board of health or the cabinet. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 426, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 377, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1972 Ky. Acts ch. 301, sec. 8.

KRS 212.890 Powers of local and district health departments

212.890. Powers of local and district health departments County, city-county, and district health departments may in addition to other powers specified in KRS 212.245: (1) Acquire title, by purchase or otherwise, with the approval of the cabinet, to real estate and such other property as may be necessary; (2) Maintain in each county not less than one (1) office and such others as are deemed necessary; (3) Lease real and personal property; (4) Procure liability insurance; (5) Except as otherwise provided by law, do all other things reasonably necessary to protect and improve the health of the people. History: Created 1972 Ky. Acts ch. 301, sec. 9.

KRS 212.900 District health officer

212.900. District health officer The health officer of a district health department shall devote his time to the duties of his office and shall not engage in the private practice of medicine. He may also be secretary of the district board of health and keep full minutes of the proceedings of the board in a book provided for that purpose. He may also be the chief administrative officer of the district health department. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 228, sec. 4, effective July 15, 1982. -- Created 1972 Ky. Acts ch. 301, sec. 10.

KRS 212.910 District health department -- Establishment in county containing city of first class or city with population of 15,000 or more -- Appropriation

212.910. District health department -- Establishment in county containing city of first class or city with population of 15,000 or more -- Appropriation (1) In any county containing a city of the first class or a city with a population equal to or greater than fifteen thousand (15,000) based upon the most recent federal decennial census, the fiscal court of the county and the legislative body of the city, by joint action, may unite with a district health department in accordance with the provisions of KRS 212.810 to 212.930. (2) The appropriation to a district health department shall be paid by the city and by the county in such proportion as may be agreed upon between the city legislative body and fiscal court at the time of joining the district health department. After the district health department has been established the annual expenses of its proportionate share of maintenance and operation shall be borne in the same proportion, or as may be agreed upon between the city legislative body and the fiscal court. The city legislative body and fiscal court shall each make an annual levy sufficient to produce the necessary amount. Effective: January 1, 2015 History: Amended 2014 Ky. Acts ch. 92, sec. 275, effective January 1, 2015. -- Created 1972 Ky. Acts ch. 301, sec. 11.

KRS 212.920 Expenditure for district health department -- County board of health to retain trusteeship of county public health tax fund

212.920. Expenditure for district health department -- County board of health to retain trusteeship of county public health tax fund (1) Moneys derived from a county public health tax as provided in KRS 212.720 to 212.755 may be expended for the operation and maintenance of a district health department as provided herein. (2) Upon the creation of a district health department, trusteeship of the county public health tax fund shall be retained by each respective county board of health. History: Created 1972 Ky. Acts ch. 301, sec. 12.

KRS 212.930 Effect of county health department action

212.930. Effect of county health department action All actions, orders, and rules and regulations of county boards of health that have formed a district health department shall continue in full force and effect unless subsequently amended, repealed or changed by appropriate action of the district board of health. History: Created 1972 Ky. Acts ch. 301, sec. 13.

KRS 212.990 Penalties

212.990. Penalties (1) Any owner or occupant who fails to comply with an order made under the provisions of subsection (1) of KRS 212.210 shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) and each day's continuance of the nuisance, source of filth, or cause of sickness, after the owner or occupant has been notified to remove it, shall be a separate offense. (2) Any person who violates KRS 212.715 or any rule or regulation adopted by any consolidated local government, city, county, or city-county board of health, except as otherwise provided by subsection (3) of this section for counties containing cities of the first class or consolidated local government, shall be fined not less than ten dollars ($10) nor more than one hundred dollars ($100) for each day the violation continues. (3) The violation of any health regulation promulgated by the city-county board of health or of any order made by the board under KRS 212.350 to 212.620, directing the abatement of a nuisance, source of filth, or cause or probable cause of sickness, is hereby declared to be a misdemeanor, and any person, firm, or corporation, or member of a firm or officer or director of a corporation, upon conviction thereof shall be fined not less than five dollars ($5) nor more than one hundred dollars ($100) for each such offense. If any offense is continued for more than one (1) day, each day upon which such offense occurs or is continued shall be considered and constitute a separate offense and a separate fine may be imposed therefor. (4) Any physician who fails to comply with the provisions of KRS 212.343, upon conviction thereof shall be fined not more than five hundred dollars ($500). (5) Failure to procure the informed consent of those required to give their consent pursuant to KRS 212.345, prior to performing a nontherapeutic sterilization shall be punishable by imprisonment in the county jail not to exceed one (1) year or a fine not to exceed one thousand dollars ($1,000), or both. (6) Any physician violating KRS 212.347 shall be imprisoned in the county jail not to exceed one (1) year or shall pay a fine not to exceed one thousand dollars ($1,000), or both. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 346, sec. 210, effective July 15, 2002. -- Amended 1984 Ky. Acts ch. 111, sec. 179, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 352, sec. 6. -- Amended 1958 Ky. Acts ch. 96, sec. 9, effective June 19, 1958. -- Amended 1942 Ky. Acts ch. 41, sec. 21. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 2055, 2057.
Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38198Fetched: 10/20/2026

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