Kentucky Statutes 212.245 – Powers of local health departments
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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.
(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;
Terms Used In Kentucky Statutes 212.245
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Service of process: The service of writs or summonses to the appropriate party.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Subpoena duces tecum: A command to a witness to produce documents.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(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.