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KRS 212.245

Powers of local health departments

Known as the Kentucky District Health Department Act

The act spans §§ 212–212 (135 sections).

Applied in 4 court decisions — leading case Green River District Health Deparment v. Wigginton (1989)

Most recently applied in Lexington-Fayette Urban County Health Department v. Lloyd (September 2003)

Effective: June 20, 2005 History: Amended 2005 Ky

How often courts cite this section

198919902000200320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.