2013 Kentucky Revised Statutes CHAPTER 211 - STATE HEALTH PROGRAMS 211.180 Functions of cabinet in the regulation of certain health matters -- Inspection fees -- Hearing.
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211.180 Functions of cabinet in the regulation of certain health matters -Inspection fees -- Hearing.
(1)
The cabinet shall enforce the administrative regulations promulgated by the
secretary of the Cabinet for Health and Family Services for the regulation and
control of the matters set out below and shall formulate, promote, establish,
and execute policies, plans, and programs relating to all matters of public
health, including but not limited to the following matters:
(a) Detection, prevention, and control of communicable diseases, chronic
and degenerative diseases, dental diseases and abnormalities,
occupational diseases and health hazards peculiar to industry, home
accidents and health hazards, animal diseases which are transmissible to
man, and other diseases and health hazards that may be controlled;
(b) The adoption of regulations specifying the information required in and a
minimum time period for reporting a sexually transmitted disease. In
adopting the regulations the cabinet shall consider the need for
information, protection for the privacy and confidentiality of the patient,
and the practical ability of persons and laboratories to report in a
reasonable fashion. The cabinet shall require reporting of
physician-diagnosed cases of acquired immunodeficiency syndrome
based upon diagnostic criteria from the Centers for Disease Control and
Prevention of the United States Public Health Service. No later than
October 1, 2004, the cabinet shall require reporting of cases of human
immunodeficiency virus infection by reporting of the name and other
relevant data as requested by the Centers for Disease Control and
Prevention and as further specified in KRS 214.645. Nothing in this
section shall be construed to prohibit the cabinet from identifying infected
patients when and if an effective cure for human immunodeficiency virus
infection or any immunosuppression caused by human immunodeficiency
virus is found or a treatment which would render a person noninfectious is
found, for the purposes of offering or making the cure or treatment known
to the patient;
(c) The control of insects, rodents, and other vectors of disease; the safe
handling of food and food products; the safety of cosmetics; the control of
narcotics, barbiturates, and other drugs as provided by law; the sanitation
of schools, industrial establishments, and other public and semipublic
buildings; the sanitation of state and county fairs and other similar public
gatherings; the sanitation of public and semipublic recreational areas; the
sanitation of public rest rooms, trailer courts, hotels, tourist courts, and
other establishments furnishing public sleeping accommodations; the
review, approval, or disapproval of plans for construction, modification, or
extension of equipment related to food-handling in food-handling
establishments; the licensure of hospitals; and the control of such other
factors, not assigned by law to another agency, as may be necessary to
insure a safe and sanitary environment;
(d) The construction, installation, and alteration of any on-site sewage
disposal system, except for a system with a surface discharge;
(e) Protection and improvement of the health of expectant mothers, infants,
(2)
(3)
preschool, and school-age children;
(f) The practice of midwifery, including the issuance of permits to and
supervision of women who practice midwifery; and
(g) Protection and improvement of the health of the people through better
nutrition.
The secretary shall have authority to establish by regulation a schedule of
reasonable fees, not to exceed twenty dollars ($20) per inspector hour plus
travel costs pursuant to state regulations for travel reimbursement, to cover the
costs of inspections of manufacturers, retailers, and distributors of consumer
products as defined in the Federal Consumer Product Safety Act, 15 U.S.C.
secs. 2051 et seq.; 86 Stat. 1207 et seq. or amendments thereto, and of youth
camps for the purpose of determining compliance with the provisions of this
section and the regulations adopted by the secretary pursuant thereto. Fees
collected by the secretary shall be deposited in the State Treasury and credited
to a revolving fund account for the purpose of carrying out the provisions of this
section. The balance of the account shall lapse to the general fund at the end
of each biennium.
Any administrative hearing conducted under authority of this section shall be
conducted in accordance with KRS Chapter 13B.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 345, effective June 20, 2005. -Amended 2004 Ky. Acts ch. 102, sec. 1, effective July 13, 2004. -- Amended
2000 Ky. Acts ch. 432, sec. 2, effective July 14, 2000. -- Amended 1998 Ky.
Acts ch. 426, sec. 289, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 318, sec. 104, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 443,
sec. 44, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 247, sec. 9,
effective July 15, 1982; and ch. 392, sec. 5, effective July 15, 1982. -- Amended
1978 Ky. Acts ch. 117, sec. 18, effective February 28, 1980. -- Amended 1976
Ky. Acts ch. 299, sec. 42. -- Amended 1974 Ky. Acts ch. 74, Art. VI,
sec. 107(17). -- Amended 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 29. -Created 1954 Ky. Acts ch. 157, sec. 12, effective June 17, 1954.
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