CHAPTER 210 State and Regional Mental Health Programs

210.005. Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

  1. “Individual with an intellectual disability” means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period.
  2. “Mental illness” means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association.
  3. “Chronic” means that clinically significant symptoms of mental illness have persisted in the individual for a continuous period of at least two (2) years, or that the individual has been hospitalized for mental illness more than once in the last two (2) years, and that the individual is presently significantly impaired in his ability to function socially or occupationally, or both.
  4. “Cabinet” means the Cabinet for Health and Family Services.
  5. “Deaf or hard-of-hearing” means having a hearing impairment so that a person cannot hear and understand speech clearly through the ear alone, irrespective of the use of any hearing aid device.
  6. “Secretary” means the secretary of the Cabinet for Health and Family Services.

History. Enact. Acts 1962, ch. 106, Art. XI, § 1; 1972, ch. 203, § 43; 1976, ch. 332, § 23; 1982, ch. 210, § 1, effective July 15, 1982; 1986, ch. 428, § 1, effective July 15, 1986; 1988, ch. 283, § 6, effective July 15, 1988; 1992, ch. 340, § 2, effective July 14, 1992; 1998, ch. 426, § 243, effective July 15, 1998; 2005, ch. 99, § 298, effective June 20, 2005; 2012, ch. 146, § 67, effective July 12, 2012.

NOTES TO DECISIONS

Cited:

Delehanty v. Kahn, 446 S.W.2d 553, 1969 Ky. LEXIS 121 ( Ky. 1969 ).

210.010. Rules and regulations.

The secretary for health and family services shall have authority to prescribe rules and regulations for the administration of the cabinet and of the institutions under the control of the cabinet, including power to regulate the payment of money to patients in mental institutions for work performed.

History. Enact. Acts 1952, ch. 50, § 1; 1958, ch. 164, § 3; 1974, ch. 74, Art. VI, § 53; 1998, ch. 426, § 244, effective July 15, 1998; 2005, ch. 99, § 299, effective June 20, 2005.

Research References and Practice Aids

Cross-References.

Adoption of administration regulations, KRS 13A.120 .

Deputy heads of departments and directors of divisions, KRS 12.050 .

Heads of departments, appointment by Governor, KRS 12.040 .

210.020. Qualifications of commissioner and other personnel — Compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 2; 1960, ch. 64, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

210.030. Advisory council on mental health. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 3) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

210.031. Advisory committee on need for services for deaf or hard-of-hearing persons.

  1. The cabinet shall establish an advisory committee of sixteen (16) members to advise the Department for Behavioral Health, Developmental and Intellectual Disabilities of the need for particular services for persons who are deaf or hard-of-hearing.
    1. At least eight (8) members shall be deaf or hard-of-hearing and shall be appointed by the secretary. Four (4) deaf or hard-of-hearing members, representing one (1) of each of the following organizations, shall be appointed from a list of at least two (2) nominees submitted from each of the following organizations:
      1. The Kentucky Association of the Deaf;
      2. The A.G. Bell Association;
      3. The Kentucky School for the Deaf Alumni Association; and
      4. Self Help for the Hard of Hearing.

        The remaining four (4) deaf or hard-of-hearing members shall be appointed by the secretary from a list of at least eight (8) nominees submitted by the Kentucky Commission on the Deaf and Hard of Hearing.

    2. One (1) member shall be a family member of a deaf or hard-of-hearing consumer of mental health services and shall be appointed by the secretary from a list of nominees accepted from any source.
    3. The head of each of the following entities shall appoint one (1) member to the advisory committee:
      1. The Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities;
      2. The Education and Workforce Development Cabinet, Office of Vocational Rehabilitation;
      3. The Cabinet for Health and Family Services, Department for Aging and Independent Living;
      4. The Education and Workforce Development Cabinet, Commission on the Deaf and Hard of Hearing;
      5. The Kentucky Registry of Interpreters for the Deaf; and
      6. A Kentucky School for the Deaf staff person involved in education.
    4. The remaining member shall be a representative of a regional board for mental health or individuals with an intellectual disability, appointed by the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities from a list composed of two (2) names submitted by each regional board for mental health or individuals with an intellectual disability.
  2. Of the members defined in subsection (1)(a) and (b) of this section, three (3) shall be appointed for a one (1) year term, three (3) shall be appointed for a two (2) year term, and three (3) shall be appointed for a three (3) year term; thereafter, they shall be appointed for three (3) year terms. The members defined under subsection (1)(c) and (d) of this section shall serve with no fixed term of office.
  3. The members defined under subsection (1)(a) and (b) of this section shall serve without compensation but shall be reimbursed for actual and necessary expenses; the members defined under subsection (1)(c) and (d) of this section shall serve without compensation or reimbursement of any kind.
  4. The Department for Behavioral Health, Developmental and Intellectual Disabilities shall make available personnel to serve as staff to the advisory committee.
  5. The advisory committee shall meet quarterly at a location determined by the committee chair.
    1. The advisory committee shall prepare a biennial report which: (6) (a) The advisory committee shall prepare a biennial report which:
      1. Describes the accommodations and the mental health, intellectual disability, development disability, and substance abuse services made accessible to deaf and hard-of-hearing persons;
      2. Reports the number of deaf or hard-of-hearing persons served;
      3. Identifies additional service needs for the deaf and hard-of-hearing; and
      4. Identifies a plan to address unmet service needs.
    2. The report shall be submitted to the secretary, the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, and the Interim Joint Committee on Health and Welfare by July 1 of every odd-numbered year.

History. Enact. Acts 1992, ch. 340, § 1, effective July 14, 1992; 1994, ch. 209, § 19, effective July 15, 1994; 1998, ch. 426, § 245, effective July 15, 1998; 2000, ch. 6, § 28, effective July 14, 2000; 2005, ch. 99, § 300, effective June 20, 2005; 2006, ch. 211, § 123, effective April 21, 2006; 2007, ch. 24, § 18, effective June 26, 2007; 2009, ch. 11, § 63, effective June 25, 2009; 2012, ch. 146, § 68, effective July 12, 2012; 2012, ch. 158, § 35, effective July 12, 2012.

Legislative Research Commission Note.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.

210.035. Medical school-mental health coordinating committee — Functions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 13, § 1; 1974, ch. 74, Art. VI, § 54) was repealed by Acts 1986, ch. 428, § 7, effective July 15, 1986.

210.040. Powers and duties of cabinet.

The Cabinet for Health and Family Services shall:

  1. Exercise all functions of the state in relation to the administration and operation of the state institutions for the care and treatment of persons with mental illness;
  2. Establish or acquire, in accordance with the provisions of KRS 56.440 to 56.550 , other or additional facilities for psychiatric care and treatment of persons who are or may become state charges;
  3. Cooperate with other state agencies for the development of a statewide mental health program looking toward the prevention of mental illness and the post-institutional care of persons released from public or private mental hospitals;
  4. Provide for the custody, maintenance, care, and medical and psychiatric treatment of the patients of the institutions operated by the cabinet;
  5. Provide psychiatric consultation for the state penal and correctional institutions, and for the state institutions operated for children or for persons with an intellectual disability;
  6. Administer and supervise programs for the noninstitutional care of persons with mental illness;
  7. Administer and supervise programs for the care of persons with chronic mental illness, including but not limited to provision of the following:
    1. Identification of persons with chronic mental illness residing in the area to be served;
    2. Assistance to persons with chronic mental illness in gaining access to essential mental health services, medical and rehabilitation services, employment, housing, and other support services designed to enable persons with chronic mental illness to function outside inpatient institutions to the maximum extent of their capabilities;
    3. Establishment of community-based transitional living facilities with twenty-four (24) hour supervision and community-based cooperative facilities with part-time supervision; provided that, no more than either one (1) transitional facility or one (1) cooperative facility may be established in a county containing a city of the first class or consolidated local government with any funds available to the cabinet;
    4. Assurance of the availability of a case manager for each person with chronic mental illness to determine what services are needed and to be responsible for their provision; and
    5. Coordination of the provision of mental health and related support services with the provision of other support services to persons with chronic mental illness;
  8. Require all providers who receive public funds through state contracts, state grants, or reimbursement for services provided to have formalized quality assurance and quality improvement processes, including but not limited to a grievance procedure; and
  9. Supervise private mental hospitals receiving patients committed by order of a court.

History. Enact. Acts 1952, ch. 50, § 4; 1960, ch. 64, § 2; 1974, ch. 74, Art. VI, § 55; 1982, ch. 210, § 2, effective July 15, 1982; 1998, ch. 426, § 246, effective July 15, 1998; 2002, ch. 346, § 200, effective July 15, 2002; 2003, ch. 5, § 5, effective June 24, 2003; 2005, ch. 99, § 301, effective June 20, 2005; 2010, ch. 141, § 14, effective July 15, 2010.

Opinions of Attorney General.

In the event that no committee has been appointed by the court and the department of mental health (now Cabinet for Health and Family Services) has not been so qualified, the consent of the natural parents or legal parents under adoption proceedings or the nearest relative acting in loco parentis should be obtained before surgery is performed. OAG 67-457 .

When time is of the essence and the consent of the next of kin cannot be readily obtained the department (now cabinet) may request the court to appoint it as committee so that it can give consent for a surgical operation for the incompetent. OAG 67-457 .

Although there is no specific statutory provision in KRS 210.040 to 210.057 authorizing the Department for Human Resources (now Cabinet for Health and Family Services) to contract with a private corporation for the operation of state owned facilities dealing with the mentally ill, such a contract would probably be legal if first approved by the Department of Finance and Administration (now Finance and Administration Cabinet). OAG 75-250 .

Although the Commonwealth of Kentucky is immune from all lawsuits under Ky. Const., § 231, unless the General Assembly provides otherwise, if a private agency with whom the state had a contract failed to provide adequate services to recipients for whom the state is mandated to provide services, under KRS 44.070 the injured party may file a complaint against the Board of Claims or against the agent of the state and both the state and the agency would be responsible. (Pursuant to 2003 amendment, all providers who receive state funds must now have formalized quality assurance and improvement processes, including a greivance procedure.) OAG 75-250 .

The Commonwealth of Kentucky is charged by KRS 210.040 to 210.057 with providing mental health services to the citizens of the Commonwealth and a contract between the state and private agencies does not in any way alleviate the state’s responsibility to the persons to whom it is required to provide services. OAG 75-250 .

210.042. Funding for nonprofit agency — Matching funds.

  1. The Cabinet for Health and Family Services may provide, to the extent funds are available under KRS 210.040 and under conditions and standards established by the cabinet, funds to any nonprofit agency recognized as operating in the field of mental health and whose objectives are to carry out the purposes of KRS 210.040 .
  2. The funds, if provided, may be matched on a fifty-fifty (50-50) basis by the nonprofit agency receiving such funds. The cabinet shall determine whether the match may be in money or in kind services or other match.

History. Enact. Acts 1982, ch. 210, § 3, effective July 15, 1982; 1998, ch. 426, § 247, effective July 15, 1998; 2005, ch. 99, § 302, effective June 20, 2005.

210.045. Additional duties — Requirements as to closure of certain state-owned or state-operated facilities for persons with an intellectual disability.

  1. The Cabinet for Health and Family Services shall:
    1. Maintain, operate, and assume program responsibility for all state institutions and facilities for intellectual disability;
    2. Provide rehabilitation services for individuals with an intellectual disability through educational and training programs;
    3. Provide medical and allied services to individuals with an intellectual disability and their families;
    4. Encourage and assist communities to develop programs and facilities in the field of intellectual disability;
    5. Sponsor or carry out research, or both, in the field of intellectual disability;
    6. Assist other governmental and private agencies in the development of programs and services for individuals with an intellectual disability and their families and for the prevention of intellectual disability, and coordinate programs and services so developed;
    7. Provide written notice to the Legislative Research Commission of its intent to propose legislation to permit immediate or gradual closure of any state-owned or state-operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities at least sixty (60) days prior to the next legislative session; and
      1. Provide written notice by registered mail to each resident, his or her immediate family, if known, and his or her guardian of its intent to propose legislation to permit immediate or gradual closure of any state-operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities at least sixty (60) days prior to the next legislative session; and (h) 1. Provide written notice by registered mail to each resident, his or her immediate family, if known, and his or her guardian of its intent to propose legislation to permit immediate or gradual closure of any state-operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities at least sixty (60) days prior to the next legislative session; and
      2. Include in the written notice provided under this paragraph that the resident, the resident’s immediate family, his or her guardian, or any other interested party with standing to act on behalf of the resident has the right to pursue legal action relating to the notice provisions of this paragraph and relating to the closure of the facility.
  2. Any state-owned or state-operated facility or group home that provides residential services to persons with an intellectual disability or other developmental disabilities and that has been funded by the General Assembly in a specific biennium, shall not be closed, nor shall the Cabinet for Health and Family Services announce the pending closure of the facility, during the same biennium except through the provisions specified by subsection (1) of this section.
  3. The Cabinet for Health and Family Services may close any state-owned or state-operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities upon the effective date of an adopted act of legislation.
  4. When a demonstrated health or safety emergency exists for a facility or a federal action that requires or necessitates a gradual or immediate closure exists for the facility, the cabinet may seek relief from the requirements of this section in the Circuit Court of the county where the facility is located. In these situations:
    1. The cabinet shall provide written notice by registered mail to each resident, the resident’s immediate family, if known, and his or her guardian, at least ten (10) days prior to filing an emergency petition in the Circuit Court; and
    2. All interested parties, including the cabinet, the resident, his or her immediate family, his or her guardian, or other interested parties with standing to act on behalf of the resident shall have standing in the proceedings under this subsection.
  5. Any resident, family member or guardian, or other interested parties, as defined by KRS 387.510(12) with standing to act on behalf of the resident who wishes to challenge the decision or actions of the Cabinet for Health and Family Services regarding the notice requirements of subsection (1) of this section shall have a cause of action in the Circuit Court of the county in which the facility is located, or in Franklin Circuit Court. In addition to other relief allowable by law, the resident, family member or guardian, or other interested party with standing to act on behalf of the resident may seek compensatory damages and attorney fees. Punitive damages shall not be allowable under this section.
  6. Any resident, family member or guardian, or other interested parties, as defined by KRS 387.510(12) with standing to act on behalf of the resident may challenge the decision of the state to close a facility in a de novo hearing in the Circuit Court of the county in which the facility is located, or in Franklin Circuit Court. In addition to other relief allowable by law, the resident, family member or guardian, or other interested party with standing to act on behalf of the resident may seek compensatory damages and attorney fees. Punitive damages shall not be allowable under this section.

History. Enact. Acts 1962, ch. 106, Art. XI, § 2; 1974, ch. 74, Art. VI, § 107(1), (9); 1998, ch. 426, § 248, effective July 15, 1998; 2000, ch. 318, § 1, effective April 5, 2000; 2005, ch. 99, § 303, effective June 20, 2005; 2010, ch. 141, § 15, effective July 15, 2010.

210.047. Facility closure hearing — Required considerations.

A court hearing as provided under KRS 210.045(6) shall consider each of the following items relevant to the closure of the facility:

  1. Estimated timelines for the implementation of the closure of the facility;
  2. The types and array of available and accessible community-based services for individuals with an intellectual disability and other developmental disabilities and their families;
  3. The rights of individuals with an intellectual disability and other developmental disabilities;
  4. The process used to develop a community living plan;
  5. Individual and community monitoring and safeguards to protect health and safety;
  6. The responsibilities of state and local governments;
  7. The process used to transfer ownership or the state’s plan to reuse the property; and
  8. Other issues identified by the cabinet, the resident, family member or guardian, or other interested party with standing to act on behalf of the resident that may affect the residents, their families, employees, and the community.

History. Enact. Acts 2000, ch. 318, § 2, effective April 5, 2000; 2010, ch. 141, § 16, effective July 15, 2010.

210.049. Applicability of notice provisions to pre-existing closure announcements — Delay of hearings.

For any facility that the cabinet has announced plans for closure prior to April 5, 2000, the cabinet shall be subject to the notice provisions of KRS 210.045 within ten (10) days of April 5, 2000. The cabinet shall delay proceedings toward closure until the proceedings for all hearings permitted under KRS 210.045 have been completed.

History. Enact. Acts 2000, ch. 318, § 3, effective April 5, 2000.

210.050. Administrative organization of department. [Repealed.]

Compiler’s Notes.

This section (Acts 1952, ch. 50, § 5; 1954, ch. 14, § 1; 1958, ch. 164, § 1) was repealed by Acts 1960, ch. 64, § 10.

210.051. Kentucky Eating Disorder Council — Membership — Duties — Grant applications — Reports — Sunset of council in 2030 unless reestablished. [Effective July 15, 2020]

  1. The Kentucky Eating Disorder Council is hereby established in the Cabinet for Health and Family Services and shall be attached to the cabinet for administrative purposes.
  2. The following members shall be appointed to the council:
    1. The secretary of the Cabinet for Health and Family Services or his or her designee;
    2. The commissioner of the Department for Medicaid Services or his or her designee;
    3. The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities or his or her designee;
    4. The commissioner of the Department for Public Health or his or her designee;
    5. The commissioner of the Department of Insurance or his or her designee;
    6. The commissioner of the Department of Education or his or her designee;
    7. The president of the Council on Postsecondary Education or his or her designee;
    8. One (1) representative to be appointed by the Governor from a list of three (3) individuals submitted by the Kentucky Hospital Association;
    9. One (1) psychologist who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Psychological Association;
    10. One (1) pediatrician who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Chapter of the American Academy of Pediatrics;
    11. One (1) psychiatrist who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Psychiatric Medical Association;
    12. One (1) licensed clinical social worker who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Chapter of the National Association of Social Workers;
    13. One (1) psychiatric nurse practitioner who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Association of Nurse Practitioners and Nurse-Midwives;
    14. One (1) registered and licensed dietician who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Dietetics Association;
    15. One (1) eating disorder researcher to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Psychological Association;
    16. One (1) public health policy researcher to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Public Health Association; and
    17. Three (3) individuals who have an eating disorder or who have experience with individuals who have eating disorders to be appointed by the Governor from a list of five (5) individuals provided by the Louisville Center for Eating Disorders until a statewide consumer and family advocacy organization is established.
  3. The members of the council shall elect a chair and vice chair to serve one (1) year.
  4. The council shall meet at least quarterly or upon the call of the chair.
  5. After the initial appointments, members of the council shall serve terms of two (2) years, beginning the day of appointment. Members of the council shall be eligible to succeed themselves and shall serve until their successors are appointed.
  6. Members of the council shall serve without compensation but shall be reimbursed for reasonable and necessary expenses in accordance with state travel expenses and reimbursement administrative regulations.
  7. The council shall:
    1. Oversee the development and implementation of eating disorder awareness, education, and prevention programs;
    2. Identify strategies for improving access to adequate diagnosis and treatment services;
    3. Assist the cabinet in identifying eating disorder research projects;
    4. Work with the Cabinet for Health and Family Services and other appropriate entities to routinely examine existing surveillance systems, data collection systems, and administrative databases to determine the best strategies for implementing evidence-based eating disorder measures that provide data for program and policy planning purposes;
    5. As reasonably as possible, collaborate and coordinate on data research projects with the Cabinet for Health and Family Services and other appropriate entities; and
    6. Make recommendations regarding legislative and regulatory changes as appropriate.
  8. The council shall apply for grants from the federal government, private foundations, or other sources that may be available for programs related to eating disorders.
  9. The council shall report annually beginning December 1, 2020, on its activities, findings, and recommendations to the Governor and the Legislative Research Commission.
  10. The Kentucky Eating Disorder Council shall cease to exist on December 1, 2030, unless otherwise reestablished by the General Assembly.

HISTORY: 2020 ch. 56, § 1, effective July 15, 2020.

Legislative Research Commission Notes.

(7/15/2020). The Reviser of Statutes has corrected a manifest clerical or typographical error in this statute during codification of 2020 Ky. Acts ch. 58, sec. 1 under the authority of KRS 7.136(1)(h). The introductory language of subsection (2) of this statute in that Act read, “The following members shall be appointed to the council:” but in paragraphs (i) to (n) of that subsection the words “nominated by the Governor” are used instead of “appointed by the Governor.” The members cited in those paragraphs are clearly to be appointed rather than nominated by the Governor; therefore, “nominated” has been changed to “appointed” in those paragraphs.

210.052. Kentucky eating disorder fund. [Effective July 15, 2020]

  1. The Kentucky eating disorder fund is hereby created as a separate trust and agency fund. The fund shall be administered by the Cabinet for Health and Family Services for the purpose outlined in KRS 210.051 .
  2. The fund may receive amounts from state or federal appropriations, grants, contributions, or other moneys made available for the purposes of the fund. All grants, contributions, or moneys received shall be deposited in the State Treasury in a trust and agency fund account to the credit of the Kentucky eating disorder fund. Moneys in the fund shall be used to support the Kentucky Eating Disorder Council or similar program established under KRS 210.051 and eating disorder prevention programs in Kentucky.
  3. Notwithstanding KRS 45.229 , fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  4. Any interest earned on moneys in the fund shall become a part of the trust fund and shall not lapse.
  5. Moneys in the fund are appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

HISTORY: 2020 ch. 56, § 2, effective July 15, 2020.

210.053. Kentucky Mental Health First Aid Training Program. [Effective July 15, 2020]

  1. The Cabinet for Health and Family Services shall establish and administer the Kentucky Mental Health First Aid Training Program or a similar program to train professionals and other members of the public to identify and assist individuals who may have or may be developing a mental health disorder, a substance use disorder, or who may be experiencing a mental health or substance use crisis. The program shall promote access to certified trainers who have obtained certification in mental health first aid training by successfully completing an instructor training program approved by the cabinet.
  2. The Kentucky Mental Health First Aid Training Program or a similar program shall promote training that is appropriate in content and vocabulary for the language, educational level, and literacy of the trainees and individuals to be served and that accomplishes the following objectives:
    1. Build mental health and substance use literacy that is designed to help the public identify, understand, and respond to the signs of mental health disorders, substance use disorders, and mental health or substance use crises; and
    2. Enable the trainee to assist an individual who may have or may be developing a mental health disorder, a substance use disorder, or who may be experiencing a mental health or substance use crisis. The ability to assist an individual includes knowledge of how to:
      1. Recognize the symptoms of a mental health disorder, a substance use disorder, and a mental health or substance use crisis;
      2. Provide initial help;
      3. Refer individuals requiring assistance toward appropriate professional help including help for individuals who may be in crisis;
      4. Prevent a mental health disorder, a substance use disorder, or a mental health or substance use crisis from deteriorating into a more serious condition that may lead to more costly interventions or treatments or harm to an individual; and
      5. Promote healing, recovery, and good mental health.
  3. Subject to appropriations provided by the General Assembly, available funds in the Kentucky mental health first aid training fund created in KRS 210.054 , or other available funding, the Cabinet for Health and Family Services shall award training grants for mental health first aid training provided by certified trainers. The training grants may support training courses or provide hardship subsidies for training fees.
  4. The cabinet shall make awards equitably among geographical regions and meet the training needs of rural areas, areas with underserved populations, and areas with health care provider shortages. The recipients of awards may include but are not limited to law enforcement, corrections, education, retail establishments, military, older adults, and youth-focused agencies.
  5. The cabinet shall ensure that evaluation criteria are established and utilized to measure the distribution of the training grants and the fidelity of the training process in achieving the main objectives of the program.
  6. The cabinet shall include information on training programs that are available on the cabinet’s Web site.
  7. The cabinet shall promulgate administrative regulations to implement this section.

HISTORY: 2020 ch. 69, § 1, effective July 15, 2020.

210.054. Kentucky mental health first aid training fund. [Effective July 15, 2020]

  1. The Kentucky mental health first aid training fund is hereby created as a separate trust and agency fund. The fund shall be administered by the Cabinet for Health and Family Services for the purpose outlined in KRS 210.053 .
  2. The fund may receive amounts from state or federal appropriations, grants, contributions, or other moneys made available for the purposes of the fund. All grants, contributions, or moneys received shall be deposited in the State Treasury in a trust and agency fund account to the credit of the Kentucky mental health first aid training fund. Moneys in the fund shall be used to support the Mental Health First Aid Training Program or similar program established under KRS 210.053 and suicide prevention programs in Kentucky.
  3. Notwithstanding KRS 45.229 , fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  4. Any interest earned on moneys in the fund shall become a part of the trust fund and shall not lapse.
  5. Moneys in the fund are appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

HISTORY: 2020 ch. 69, § 2, effective July 15, 2020.

210.055. Additional powers of cabinet — Administrative regulations — Education and training.

The Cabinet for Health and Family Services may:

  1. Promulgate reasonable rules and regulations for the purposes of carrying out the provisions of KRS 210.045 , including regulations establishing the minimum and maximum ages within which individuals with an intellectual disability are eligible:
    1. To participate in programs operated by the cabinet;
    2. To become patients in institutions operated by the cabinet;
  2. Participate in the education and training of professional and other persons in the area of intellectual disabilities, and may encourage and assist private and public agencies and institutions to participate in similar education and training;
  3. Do all other things reasonably necessary to carry out the provisions of KRS 210.045 .

History. Enact. Acts 1962, ch. 106, Art. XI, § 3; 1974, ch. 74, Art. VI, § 107(1), (9); 1998, ch. 426, § 249, effective July 15, 1998; 2005, ch. 99, § 304, effective June 20, 2005; 2010, ch. 141, § 17, effective July 15, 2010; 2012, ch. 146, § 69, effective July 12, 2012.

210.057. Powers and duties as to research on controlled substances.

  1. The Cabinet for Health and Family Services shall conduct research into all aspects of controlled substances as defined in KRS 218A.010 in coordination with the Kentucky Board of Pharmacy.
  2. The Cabinet for Health and Family Services may authorize persons engaged in research on the use and effects of dangerous substances to withhold the names and other identifying characteristics of persons who are subjects of such research. Persons who obtain this authorization may not be compelled in any state civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained.
  3. The Cabinet for Health and Family Services may authorize the possession and distribution of controlled dangerous substances by persons engaged in research. Persons who obtain this authorization shall be exempt from state prosecution for possession and distribution of dangerous substances to the extent authorized by the Cabinet for Health and Family Services.

History. Enact. Acts 1970, ch. 278, § 6; 1974, ch. 74, Art. VI, § 107(1), (9); 1980, ch. 188, § 200, effective July 15, 1980; 1998, ch. 426, § 250, effective July 15, 1998; 2005, ch. 99, § 305, effective June 20, 2005.

210.060. Superintendents of institutions — Employment of personnel. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 6) was repealed by Acts 1960, ch. 64, § 10.

210.065. Division of mental retardation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XI, § 4) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

210.070. Removal, suspension and reinstatement of employes. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 7) was repealed by Acts 1960, ch. 63, § 26.

210.075. Advisory council on mental retardation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XI, § 5; 1966, ch. 117, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

210.080. Secretary may transfer employees.

The secretary for health and family services may transfer any employee between the institutions operated by the cabinet, or to the headquarters of the cabinet. Necessary moving expenses involved in such transfers shall be paid by the cabinet.

History. Enact. Acts 1952, ch. 50, § 8; 1960, ch. 64, § 3; 1974, ch. 74, Art. VI, § 107(1), (8) and (21); 1998, ch. 426, § 251, effective July 15, 1998; 2005, ch. 99, § 306, effective June 20, 2005.

210.090. Partisan political activity prohibited.

Neither the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities of the Cabinet for Health and Family Services nor his deputy nor any superintendent or director of an institution of the Department for Behavioral Health, Developmental and Intellectual Disabilities shall be permitted to engage in any partisan political activity.

History. Enact. Acts 1952, ch. 50, § 9; 1960, ch. 64, § 4; 1968, ch. 90, § 47; 1974, ch. 74, Art. VI, § 56; 1986, ch. 428, § 2, effective July 15, 1986; 1998, ch. 426, § 252, effective July 15, 1998; 2005, ch. 99, § 307, effective June 20, 2005; 2012, ch. 146, § 70, effective July 12, 2012; 2012, ch. 158, § 36, effective July 12, 2012.

Legislative Research Commission Note.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.

210.100. Exemption of institutional officers and employees from personal attendance as witness.

No officer or employee of any institution operated by the Cabinet for Health and Family Services shall be required to give personal attendance as a witness in any civil suit out of the county in which the institution is located, but his deposition shall be taken in lieu thereof.

History. Enact. Acts 1952, ch. 50, § 10; 1974, ch. 79, Art. VI, § 107(1), (9); 1998, ch. 426, § 253, effective July 15, 1998; 2005, ch. 99, § 308, effective June 20, 2005.

Research References and Practice Aids

Cross-References.

Witnesses, KRS Ch. 421; KRE 601 to 615.

210.110. Officers, employees, and agents of Cabinet for Health and Family Services and regional community programs for behavioral health, developmental and intellectual disabilities not to sell to or make contracts with institutions, facilities, or organizations under cabinet’s control if conflict of interest involved.

  1. No officer, employee, or agent of the Cabinet for Health and Family Services, a regional community board for mental health or individuals with an intellectual disability or a nonprofit corporation administering a regional community program for mental health or individuals with an intellectual disability shall sell anything to any institution, facility, or organization under the control of the cabinet nor participate in selection, or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved.
  2. Such a conflict of interest would arise when:
    1. The employee, officer, or agent;
    2. Any member of his immediate family;
    3. His or her partner; or
    4. An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award.

History. Enact. Acts 1952, ch. 50, § 11; 1968, ch. 90, § 48; 1974, ch. 79, Art. VI, § 107(1), (9); 1984, ch. 31, § 1, effective July 13, 1984; 1998, ch. 426, § 254, effective July 15, 1998; 2005, ch. 99, § 309, effective June 20, 2005; 2012, ch. 146, § 71, effective July 12, 2012.

Opinions of Attorney General.

A member of a regional mental health-mental retardation board is an “officer, employee or agent” within the meaning of subsection (1) of this section. OAG 84-216 .

Considering the purpose and nature of this conflict of interest statute, “immediate family,” as used in subdivision (2)(b) of this section, would include father, mother, brother, sister, son and daughter; they are immediately next up, or down, or on the same level as the board member. Cousins or nephews would be farther removed from “immediate.” OAG 84-216 .

If an adult brother or parent of a regional mental health-mental retardation board member owned stock in GMC, the board member may safely vote on the award of a contract to purchase a General Motors vehicle by the board, unless the ownership of General Motors stock was in a very large amount. OAG 84-216 .

Research References and Practice Aids

Cross-References.

Bribery, giving or taking prohibited, KRS 432.350 .

210.120. Officers and employees not to accept outside compensation — Exceptions.

No physician or doctor employed by the Cabinet for Health and Family Services shall receive or accept any compensation for personal services other than that paid by the state, except that the secretary, and other physicians and doctors when so authorized by the secretary, may be employed in, and receive compensation from outside activities such as teaching, research, or community service work, to an extent that will not interfere with the performance of the duties of their office or employment.

History. Enact. Acts 1952, ch. 50, § 12; 1958, ch. 164, § 2; 1974, ch. 74, Art. VI, § 107(1), (9) and (21); 1998, ch. 426, § 255, effective July 15, 1998; 2005, ch. 99, § 310, effective June 20, 2005.

210.130. Religious instruction and ministration.

Religious instruction and ministration for patients of the institutions operated by the Cabinet for Health and Family Services shall be provided.

History. Enact. Acts 1952, ch. 50, § 13; 1974, ch. 74, Art. VI, § 107(1), (9); 1994, ch. 418, § 16, effective July 15, 1994; 1998, ch. 426, § 256, effective July 15, 1998; 2005, ch. 99, § 311, effective June 20, 2005.

210.140. Transfer of patient or inmate to institution operated by different cabinet.

  1. Pursuant to agreement entered into by the heads of the cabinets concerned, a patient or inmate of a state institution operated by one (1) state cabinet may be transferred to a state institution operated by another state cabinet, except that:
    1. An inmate may be transferred from a penal or correctional institution as provided in KRS Chapter 202A or in any regulation promulgated under such chapter, provided that no transfer shall be made to a correctional facility located on the grounds of a state mental hospital;
    2. No patient or inmate may be transferred to a penal or correctional institution unless he has been committed to such institution by judgment of a court; and
    3. No patient or inmate may be transferred to an institution for the mentally ill or individuals with an intellectual disability, except for a period of observation not to exceed sixty (60) days, unless he has been hospitalized in accordance with KRS 202A.051 .
  2. When a patient or inmate hospitalized by court order to one (1) institution is transferred to another institution pursuant to this section, the order of hospitalization shall be deemed to apply to the institution to which transferred.

History. Enact. Acts 1952, ch. 50, § 14; 1960, ch. 64, § 5; 1968, ch. 90, § 49; 1976, ch. 332, § 24; 1980, ch. 295, § 47, effective July 15, 1980; 1982, ch. 445, § 40, effective July 1, 1982; 1986, ch. 428, § 3, effective July 15, 1986; 2012, ch. 146, § 72, effective July 12, 2012.

Legislative Research Commission Note.

This section was amended in 1982 Acts Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982.” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

210.150. Farms and agricultural facilities to be supervised by division of farm management of department of corrections. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 15; 1966, ch. 255, § 204; 1968, ch. 90, § 50) was repealed by Acts 1970, ch. 278, § 10.

210.160. Acquisition of farm lands — Duties of state university. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 16; 1976, ch. 74, Art. VI, § 107(1), (9)) was repealed by Acts 1986, ch. 428, § 7, effective July 15, 1986.

210.170. Authority to accept and use grants, gifts, bequests, and devises.

The Cabinet for Health and Family Services may accept money from the federal government, or any of its agencies, under any grant agreement entered into by this state or by the cabinet. Such money may be expended for capital outlay in accordance with the provisions of KRS 56.440 to 56.550 . The cabinet also may accept grants, gifts, bequests, or devises from public or private sources, and use the same for any purpose within the scope of the functions of the cabinet, consistent with the terms of the grant, gift, bequest, or devise.

History. Enact. Acts 1952, ch. 50, § 17; 1974, ch. 74, Art. VI, § 107(1), (9); 1998, ch. 426, § 257, effective July 15, 1998; 2005, ch. 99, § 312, effective June 20, 2005.

210.175. Work training centers. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 276, § 7; 1974, ch. 74, Art. VI, § 57) was repealed by Acts 1986, ch. 428, § 7, effective July 15, 1986.

210.180. Canteens in institutions.

There shall be established and maintained, at each of the institutions operated by the Cabinet for Health and Family Services, a canteen which shall be incorporated and self-supporting. The directors of each canteen shall be appointed by the secretary. All profits from each canteen shall be used exclusively for the benefit of the patients of the institution.

History. Enact. Acts 1952, ch. 50, § 18; 1960, ch. 64, § 6; 1968, ch. 90, § 51; 1974, ch. 74, Art. VI, § 58; 1998, ch. 426, § 258, effective July 15, 1998; 2005, ch. 99, § 313, effective June 20, 2005.

210.190. Utilizing services of workers of other cabinets — Expenses.

The secretary of the Cabinet for Health and Family Services may utilize the services of the workers of the other cabinets, when authorized by the agency heads of these cabinets. The secretary of the Cabinet for Health and Family Services may authorize payment of the actual traveling expenses of the workers so utilized.

History. Enact. Acts 1952, ch. 50, § 19; 1954, ch. 14, § 2; 1968, ch. 90, § 52; 1974, ch. 74, Art. VI, § 59; 1998, ch. 426, § 259, effective July 15, 1998; 2005, ch. 99, § 314, effective June 20, 2005.

210.200. Inspection visits to institutions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 20; 1974, ch. 74, Art. VI, §§ 60, 107(1), (9), (22)) was repealed by Acts 1986, ch. 428, § 7.

210.210. Boards of visitors for institutions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 24; 1968, ch. 90, § 53) was repealed by Acts 1986, ch. 428, § 7.

210.220. Correspondence by patients with secretary or attorneys.

No patient of any of the institutions operated by the Cabinet for Health and Family Services shall be denied the right to correspond with an attorney or with the secretary.

History. Enact. Acts 1952, ch. 50, § 21; 1974, ch. 74, Art. VI, § 107(1), (9) and (21); 1998, ch. 426, § 260, effective July 15, 1998; 2005, ch. 99, § 315, effective June 20, 2005.

Research References and Practice Aids

Kentucky Law Journal.

Keen, Civil Commitment of the Mentally Ill in Kentucky, 62 Ky. L.J. 769 (1973-1974).

210.230. Records and forms covering involuntary hospitalization procedures.

The secretary of the Cabinet for Health and Family Services may prescribe appropriate records to be maintained covering the operations of the cabinet and of the institutions operated by it, and covering involuntary hospitalization procedures. Any record forms applicable to involuntary hospitalization procedures shall be furnished to each court having jurisdiction to order hospitalization of mentally ill persons or individuals with an intellectual disability, and the records contemplated by such forms shall thereafter be made by the hospitalizing courts.

History. Enact. Acts 1952, ch. 50, § 22; 1968, ch. 90, § 54; 1974, ch. 74, Art. VI, § 107(1), (8); 1998, ch. 426, § 261, effective July 15, 1998; 2005, ch. 99, § 316, effective June 20, 2005; 2012, ch. 146, § 73, effective July 12, 2012.

Research References and Practice Aids

Kentucky Law Journal.

Comments, Access to Public Documents in Kentucky, 64 Ky. L.J. 165 (1975-76).

210.235. Confidential nature of records — Conditions under which records may be disclosed.

All applications and requests for admission and release, and all certifications, records, and reports of the Cabinet for Health and Family Services which directly or indirectly identify a patient or former patient or a person whose hospitalization has been sought, shall be kept confidential and shall not be disclosed by any person, except insofar as:

  1. The person identified or his guardian, if any, shall consent; or
  2. Disclosure may be necessary to carry out the provisions of the Kentucky Revised Statutes, and the rules and regulations of cabinets and agencies of the Commonwealth of Kentucky; or
  3. Disclosure may be necessary to comply with the official inquiries of the departments and agencies of the United States government; or
  4. Disclosure may be necessary for:
    1. Treatment of the patient by any health care provider involved in the patient’s care;
    2. Treatment, payment, or health care operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including disclosure between health care providers through an electronic health information exchange or network; or
    3. Participation by health care providers through an electronic health information exchange or network for the purpose of meeting the requirements of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and its related federal regulations; or
  5. A court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and failure to make such disclosure would be contrary to the public interest. Nothing in this section shall preclude the disclosure, upon proper inquiry of the family or friends of a patient, of information as to the medical condition of the patient.

History. Enact. Acts 1954, ch. 12, § 1; 1974, ch. 74, Art. VI, § 107(1), (9); 1998, ch. 426, § 262, effective July 15, 1998; 2005, ch. 99, § 317, effective June 20, 2005; 2014, ch. 12, § 1, effective July 15, 2014.

NOTES TO DECISIONS

Cited:

Humble v. Mountain State Constr. Co., 441 F.2d 816, 1971 U.S. App. LEXIS 10566 (6th Cir. 1971).

Opinions of Attorney General.

This section authorizes the cabinet, upon receipt of an official request from the Director of Selective Service for Kentucky, to disclose information concerning confinement or release of male persons between the ages of 18 and 35. OAG 68-332 .

As subsection (2) of this section provides that records of the department of mental health (Cabinet for Health and Family Services) may be disclosed as necessary to carry out the rules and regulations of state departments and agencies, it would appear that a Legislative Research Commission staff member performing the powers of KRS 7.110 in his official capacity would not violate this section, although care should be taken to restrict examination except where necessary and all information should be kept confidential to the greatest extent possible. OAG 73-100 .

Records of comprehensive care centers which directly or indirectly identify a patient or former patient are confidential and exempt from public inspection. OAG 76-420 .

A parent of a child that is in a preschool training program operated by a comprehensive care center is entitled to a copy of the child’s record, even though the center wishes to keep the records confidential for the protection of its clients. OAG 82-414 .

This section implies that the subject of the records or his guardian shall have control over the records and, consequently, the parent and legal guardian of a child is entitled to a copy of the record. OAG 82-414 .

On the basis of subdivision (1)(j) of KRS 61.878 and this section, and in the absence of a court order authorizing inspection, the state Correctional Psychiatric Center properly denied the newspaper’s request under the Open Records Act for copies of documents of a state mental facility pertaining to the types of tests given to patients and personnel administering and supervising such tests. OAG 87-75 .

Cabinet for Health Service (now Health and Family Service) properly relied on KRS 61.872(6) and 61.878(1)(a), (k) and (l) and various confidentiality provisions found in both state (KRS 209.140 , 210.235 , 214.420 , 214.625 and 620.050 ) and federal law, in denying request for inspection of all nursing facility licensure inspection reports for a two (2) year period where the Cabinet sustained the burden of showing that such request was an unreasonable burden on the Cabinet in describing with specificity the actual volumes of records implicated by the request and where the exemptions to disclosure provided by the state and federal law were mandatory and the difficulty of separation of confidential from releasable information constituted an unreasonable burden. 97-ORD-88.

An agency properly denied an attorney’s request for a copy of a client behavioral plan of a client of the agency, who was involved in an incident with the attorney’s client, on the basis of KRS 61.878(1)(l) and this section since the attorney did not satisfy the requirement of this section that he fall within an excepted category of the statute authorizing disclosure of the records and did not obtain a court order. OAG 00-ORD-84.

210.240. Training schools.

The secretary of the Cabinet for Health and Family Services is authorized to establish training schools within the cabinet or within any of the institutions operated by the cabinet, for the training of necessary personnel for the institutions, or may arrange for the training of employees or prospective employees in any public or private school or institution having available facilities for that purpose. Funds of the cabinet may be used to pay salaries to employees, or to pay tuition and subsistence for employees or prospective employees, while receiving such training. Any employee or prospective employee who is paid a salary, or for whom tuition and subsistence are furnished, while receiving such training, shall be required to enter into a contract, prior to receiving such training, that unless he continues in the employ of the cabinet for at least a period equivalent to the training period, immediately following the completion of such training, he will reimburse to the cabinet the sum paid to or for him by the cabinet during the period of training.

History. Enact. Acts 1952, ch. 50, § 23; 1974, ch. 74, Art. VI, § 107(1), (8); 1998, ch. 426, § 263, effective July 15, 1998; 2005, ch. 99, § 318, effective June 20, 2005.

210.250. Transfer of personnel, properties, funds, records, facilities and appropriations from Division of Hospitals and Mental Hygiene of Department of Welfare. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1952, ch. 50, § 35) was repealed by Acts 1966, ch. 255, § 283.

210.260. Printing for hospital and cabinet. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 11, § 1; 1968, ch. 90, § 55; 1974, ch. 74, Art. VI, § 107(1), (9)) was repealed by Acts 1986, ch. 428, § 7, effective July 15, 1986.

210.265. No fee to be charged for staff certificate or affidavit.

In no case where the certificate or affidavit of state hospital staffs is admitted as evidence in a proceeding to determine whether a person should be hospitalized shall any fee be charged, it being considered a part of the regular state service.

History. Enact. Acts 1944, ch. 29, § 6; 1960, ch. 66, § 5; 1968, ch. 90, § 56.

Compiler’s Notes.

This section was formerly compiled as KRS 203.045 .

210.267. Production by hospital residents.

The residents of state mental hospitals may manufacture and produce for their own use, or for sale, such articles, furniture, clothing, tools, products, and other supplies and engage in such labor or work of construction as may be approved by the Cabinet for Health and Family Services.

History. 216aa-54, 216aa-55: amend. Acts 1962, ch. 161; 1968, ch. 90, § 57; 1974, ch. 74, Art. VI, § 107(1), (9); 1998, ch. 426, § 264, effective July 15, 1998; 2005, ch. 99, § 319, effective June 20, 2005.

210.270. Custodial care of patients with an intellectual disability in private homes, private nursing homes, and private institutions — Transfer or reclassification of patient — Procedure.

  1. The secretary of the Cabinet for Health and Family Services is authorized to designate those private homes, private nursing homes, and private institutions that he deems, after a thorough investigation of the personal and financial qualifications of the owners and tenants, the facilities and management, and the desirability of the location of the homes, suitable for the placement of patients, including individuals with mental illness or an intellectual disability of all ages, outside of the state mental hospitals. The secretary of the Cabinet for Health and Family Services may promulgate, by administrative regulation, standards for the selection and operation of private homes, private nursing homes, and private institutions designated for the placement of patients. No home of an officer or employee of the Cabinet for Health and Family Services or of a member of his immediate family shall be designated for the placement of patients.
  2. Whenever the staff of a state mental hospital has determined that a patient who is not being held on an order arising out of a criminal offense has sufficiently improved and is not dangerous to himself or other persons, and that it would be in the patient’s best interest to be placed outside of the hospital in a private home or private nursing home, the hospital shall so certify and authorize the patient to be transferred to a designated private home or private nursing home for care and custody for a length of time that the hospital deems advisable.
  3. No patient with an intellectual disability lodged in a state institution may have his level of care reclassified nor may he be transferred to a private nursing home or other private institution without first providing ten (10) days’ notice by certified mail, return receipt requested, to the patient’s parents or guardian that a reclassification of the patient’s level of care or a transfer in the place of residence is being considered.
  4. Any parent or guardian of any patient with an intellectual disability lodged in a state institution may participate in any evaluation procedure which may result in a reclassification of the patient’s level of care or in a transfer in the place of residence of the patient. Participation may include the submission by the parents or guardian of medical evidence or any other evidence deemed relevant by the parents or guardian to the possible reclassification or transfer of the patient.
  5. If the decision to reclassify or transfer any patient with an intellectual disability is adverse to the best interests of the patient as expressed by the parents or guardian, they shall be given notice by certified mail, return receipt requested, that they are entitled to a thirty (30) day period from the receipt of such notice to file with the secretary of the Cabinet for Health and Family Services a notice of appeal and application for a hearing. Upon receipt of an application for a hearing, a hearing shall be conducted in accordance with KRS Chapter 13B.
  6. The appeal shall be heard by a three (3) member panel composed of a designated representative of the Cabinet for Health and Family Services, a designated representative of the state institution where the patient with an intellectual disability is presently lodged, and a designated neutral representative appointed by the county judge/executive wherein the institution in question is located. The secretary may appoint a hearing officer to preside over the conduct of the hearing.
  7. Decisions made by the panel may be appealed to the Circuit Court of the county in which the state institution in question is located, to the Circuit Court of the county in which either of the parents or guardians or committee of the patient in question is domiciled at the time of the decision, or to Franklin Circuit Court in accordance with KRS Chapter 13B.
  8. All parents or guardians or committee of a patient with an intellectual disability lodged in a state institution shall be fully apprised by the Cabinet for Health and Family Services of their rights and duties under the provisions of subsections (3), (4), (5), (6), and (7) of this section.
  9. The provisions of KRS 210.700 to 210.760 shall apply to patients transferred to designated private homes and private nursing homes as though the patients were residing in a state mental hospital.

History. Enact. Acts 1954, ch. 13, § 1; 1960, ch. 64, § 7; 1970, ch. 237, § 1; 1974, ch. 74, Art. VI, § 107(1), (8), (9) and (21); 1978, ch. 333, § 1, effective June 17, 1978; 1980, ch. 114, § 39, effective July 15, 1980; 1980, ch. 188, § 201, effective July 15, 1980; 1982, ch. 141, § 69, effective July 1, 1982; 1986, ch. 428, § 4, effective July 15, 1986; 1994, ch. 405, § 70, effective July 15, 1994; 1996, ch. 318, § 100, effective July 15, 1996; 1998, ch. 426, § 265, effective July 15, 1998; 2005, ch. 99, § 320, effective June 20, 2005; 2010, ch. 141, § 18, effective July 15, 2010.

Compiler’s Notes.

This section was amended by § 73 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

NOTES TO DECISIONS

1. Appeal.

Where appeal from decision of panel to place retarded man in foster home was not brought in the time required by this section, the appeal being jurisdictional must fail and reported action of head of department waiving time in which parties were required to appeal could not give court jurisdiction it did not have. Cabinet for Human Resources v. Holbrook, 672 S.W.2d 672, 1984 Ky. App. LEXIS 521 (Ky. Ct. App. 1984).

Failure to file appeal from order of panel placing retarded man in foster home within the time required by this section was fatal since such requirement is mandatory and appeal cannot be perfected until it has been met; moreover since civil rules do not come into effect from decision of administrative agencies until the appeal is perfected the excusable neglect concept of CR 6.02 was not available. Cabinet for Human Resources v. Holbrook, 672 S.W.2d 672, 1984 Ky. App. LEXIS 521 (Ky. Ct. App. 1984).

Cited:

Doe v. Austin, 848 F.2d 1386, 1988 U.S. App. LEXIS 8334 (6th Cir. 1988), cert. denied, Cowherd v. Doe, 488 U.S. 967, 109 S. Ct. 495, 102 L. Ed. 2d 531, 1988 U.S. LEXIS 5327, 57 U.S.L.W. 3376 (1988).

210.271. State hospital patients to be discharged to registered boarding homes only — Quarterly follow-up visits by cabinet.

  1. No patient in an institution for the mentally ill or the intellectually disabled operated by the Cabinet for Health and Family Services shall be discharged to a boarding home as defined in KRS 216B.300 unless the boarding home is registered pursuant to KRS 216B.305 .
  2. The cabinet shall conduct a quarterly follow-up visit, using cabinet personnel or through contract with the Regional Community Mental Health Centers, of all patients of state facilities for mental health or individuals with an intellectual disability that are discharged to boarding homes. Any resident found to have needs that cannot be met by the boarding home shall be referred to the Department for Community Based Services for appropriate placement. Any boarding home suspected of operating as an unlicensed personal care facility or housing residents with needs that cannot be met by the boarding home shall be reported to the Division of Community Health Services for investigation.

History. Enact. Acts 1992, ch. 63, § 4, effective July 14, 1992; 1998, ch. 426, § 266, effective July 15, 1998; 2000, ch. 14, § 42, effective July 14, 2000; 2001, ch. 81, § 4, effective June 21, 2001; 2005, ch. 99, § 321, effective June 20, 2005; 2010, ch. 141, § 19, effective July 15, 2010; 2012, ch. 146, § 74, effective July 12, 2012.

210.272. Purchasing treatment for patients — Recovery of charges. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 278, § 3; 1974, ch. 74, Art. VI, § 107(1), (8), (9) and (21); 1980, ch. 188, § 202, effective July 15, 1980) was repealed by Acts 1982, ch. 247, § 21, effective July 15, 1982.

210.275. Charge for board of patients, how fixed — Refunds. [Repealed.]

Compiler’s Notes.

This section (216aa-36: amend. Acts 1954, ch. 16, § 5; 1968, ch. 90, § 58) was repealed by Acts 1978, ch. 278, § 8, effective June 17, 1978. For present law see KRS 210.720 .

210.280. Hospitalization upon application of responsible person — Release. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 15, § 1; 1960, ch. 64, § 8; 1964, ch. 164, § 3) was repealed by Acts 1968, ch. 90, § 63.

210.285. Powers of cabinet — Forms — Reports — Rules and regulations.

In addition to the specific authority granted by other provisions of KRS Chapters 202A, 202B, and 210, the Cabinet for Health and Family Services shall have authority to prescribe the form of applications, records, reports, and medical certificates provided for under KRS Chapters 202A, 202B, and 210 and the information required to be contained therein; to require reports from the head of any hospital relating to the admission, examination, diagnosis, release, or discharge of any patient; to visit hospitals regularly to review the hospitalization procedures of all new patients admitted between visits; to investigate by personal visit complaints made by any persons on behalf of any patients or by any patients themselves; and to adopt such rules and regulations not inconsistent with the provisions of KRS Chapters 202A, 202B, and 210 as it may find to be reasonably necessary for proper and efficient hospitalization of the mentally ill.

History. Enact. Acts 1968, ch. 90, § 59; 1974, ch. 74, Art. VI, § 107(1), (9); 1976, ch. 332, § 25; 1982, ch. 141, § 38, effective July 1, 1982; 1998, ch. 426, § 267, effective July 15, 1998; 2005, ch. 99, § 322, effective June 20, 2005.

Compiler’s Notes.

This section was amended by § 39 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

210.290. Cabinet may act as fiduciary for certain disabled or partially disabled adult residents — Duties — Guardianship trust fund — Annual report — Powers.

  1. The Cabinet for Health and Family Services may be appointed and act as executor, administrator, guardian, limited guardian, conservator, or limited conservator as provided in this section. In this capacity the cabinet may act as a fiduciary and transact business in the same manner as any individual and for fiduciary purposes may sue and be sued in any of the courts of the state. Bond shall not be required of the cabinet.
    1. Whenever a resident of the state is adjudged partially disabled or disabled and no other suitable person or entity is available and willing to act as limited guardian, guardian, limited conservator, or conservator, the cabinet may be appointed as the resident’s limited guardian, guardian, limited conservator, or conservator. As used in this paragraph, “resident of the state” means an individual who has a permanent, full-time residence in Kentucky prior to the filing of a petition for or appointment of a limited guardian, guardian, limited conservator, or conservator for at least the previous six (6) months that is not a hospital, treatment facility, correctional facility, or long-term care facility, and who is a citizen or permanent resident of the United States. (2) (a) Whenever a resident of the state is adjudged partially disabled or disabled and no other suitable person or entity is available and willing to act as limited guardian, guardian, limited conservator, or conservator, the cabinet may be appointed as the resident’s limited guardian, guardian, limited conservator, or conservator. As used in this paragraph, “resident of the state” means an individual who has a permanent, full-time residence in Kentucky prior to the filing of a petition for or appointment of a limited guardian, guardian, limited conservator, or conservator for at least the previous six (6) months that is not a hospital, treatment facility, correctional facility, or long-term care facility, and who is a citizen or permanent resident of the United States.
    2. Notwithstanding paragraph (a) of this subsection, except upon written order of the court in exceptional circumstances, the cabinet shall not be appointed as a limited guardian, guardian, limited conservator, or conservator of a partially disabled or disabled person when the person:
      1. Has been convicted of, pled guilty to, or entered an Alford plea for a sex crime as defined in KRS 17.500 or an offense that would classify the person as a violent offender under KRS 439.3401 ; or
      2. Is not alive or cannot be physically located.
    3. Before appointing the cabinet, consideration shall be given to the average caseload of each field social worker.
    4. The cabinet, acting through its designated officer, may apply to the District Court of the county in which the adjudication is made for appointment as limited guardian, guardian, limited conservator, or conservator for a partially disabled or disabled person who meets the requirements of this subsection.
  2. When the cabinet is appointed as a limited guardian, guardian, limited conservator, or conservator of a partially disabled or disabled person, the cabinet shall not:
    1. Assume physical custody of the person;
    2. Be assigned as the person’s caregiver or custodian; or
    3. Become personally liable for the person’s expenses or placement, or to third parties for the person’s actions. However, the cabinet shall procure resources and services for which the person is eligible when necessary and available.
    1. Except as provided in paragraph (b) of this subsection, upon the death of a person for whom the cabinet has been appointed guardian or conservator, or upon the death of a person who has been committed to the cabinet leaving an estate and having no relatives at the time residing within the state, the cabinet may apply for appointment as administrator and upon appointment shall close the administration of the estate. (4) (a) Except as provided in paragraph (b) of this subsection, upon the death of a person for whom the cabinet has been appointed guardian or conservator, or upon the death of a person who has been committed to the cabinet leaving an estate and having no relatives at the time residing within the state, the cabinet may apply for appointment as administrator and upon appointment shall close the administration of the estate.
    2. If a person for whom the cabinet has been appointed guardian or conservator dies with less than ten thousand dollars ($10,000) of personal property or money, the cabinet shall not be required to apply for appointment as administrator. However, prior to the release of funds to the person’s estate, the cabinet shall ensure all outstanding bills related to living expenses, reasonable funeral expenses when not prepaid, and estate recovery are paid. Any funds that remain after those expenses are paid may be released first to other creditors and then to the relatives of the ward. The cabinet shall establish an online registry to provide public notice of remaining funds to other creditors and relatives of the ward, and the process for claiming those funds. Notwithstanding KRS 393.020 , if the funds of a ward are less than ten thousand dollars ($10,000) and remain unclaimed after the expiration of one (1) year from the date public notice is made, the funds shall escheat to the guardianship trust fund established in subsection (5) of this section.
  3. There is created in the cabinet a trust and agency fund to be known as the guardianship trust fund. The trust shall consist of funds of deceased wards that remain after living, funeral, and estate recovery expenses are paid and that are unclaimed for one (1) year after public notice is made. The trust may also receive donations or grant funds for the support of indigent wards. Notwithstanding KRS 45.229 , any unused trust balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year. Any interest earnings of the trust shall become part of the trust and shall not lapse. The trust may make investments as authorized by subsection (7) of this section and may use funds in the trust for the benefit of indigent wards for expenses including:
    1. Temporary housing costs;
    2. Medical supplies or transportation services not covered by Medicaid;
    3. Emergency personal needs, including clothing or food;
    4. Burial expenses if no county funds are available in the county of death; and
    5. Expenses necessary to ensure health, safety, and well-being when no other funds are available or accessible in a timely manner.
  4. The cabinet shall make available an annual report of income and expenditures from the guardianship trust fund. The trust shall be subject to an independent audit at the request of the General Assembly or the State Auditor.
  5. The cabinet may invest funds held as fiduciary in bonds or other securities guaranteed by the United States, and may sell or exchange such securities in its discretion. In addition, the cabinet may establish or place funds held as fiduciary in a trust.
  6. The cabinet shall receive such fees for its fiduciary services as provided by law. These fees shall be placed in a trust and agency account, from which may be drawn expenses for filing fees, court costs, and other expenses incurred in the administration of estates. Claims of the cabinet against the estates shall be considered in the same manner as any other claim.
  7. An officer designated by the secretary may act as legal counsel for any patient in a state mental hospital or institution against whom a suit of any nature has been filed, without being appointed as guardian, limited guardian, conservator, or limited conservator.
  8. Patients hospitalized pursuant to KRS Chapters 202A and 202B who are not adjudged disabled or partially disabled may authorize the Cabinet for Health and Family Services to handle personal funds received by them at the hospital in the same manner as prescribed in subsections (7) and (8) of this section.

History. Enact. Acts 1960, ch. 64, § 9; 1970, ch. 278, § 2; 1974, ch. 74, Art. VI, § 107(1), (9); 1976, ch. 332, § 26; 1976 (Ex. Sess.), ch. 14, § 201, effective January 2, 1978; 1978, ch. 290, § 1, effective June 17, 1978; 1982, ch. 141, § 70, effective July 1, 1982; 1998, ch. 426, § 268, effective July 15, 1998; 2005, ch. 99, § 323, effective June 20, 2005; 2018 ch. 13, § 1, effective July 14, 2018; 2019 ch. 129, § 1, effective June 27, 2019.

Compiler’s Notes.

This section was amended by § 74 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

NOTES TO DECISIONS

1. Appointment.

Under the language of this section and KRS 387.600(1), the Cabinet for Human Resources (now Health and Family Services) can be forced to accept an appointment as limited guardian or conservator if the district court finds that there is no other available and willing individual or entity to assume such role. Commonwealth v. Cabinet for Human Resources, 686 S.W.2d 465, 1984 Ky. App. LEXIS 629 (Ky. Ct. App. 1984).

In a situation in which no one can be found to act as a limited guardian or conservator, the Cabinet for Human Resources (now Health and Family Services) can be appointed as a matter of last resort, regardless of whether it applied for or sought such appointment. Commonwealth v. Cabinet for Human Resources, 686 S.W.2d 465, 1984 Ky. App. LEXIS 629 (Ky. Ct. App. 1984).

Opinions of Attorney General.

This section has expressly provided for the manner in which patient’s funds are to be handled and therefore the usual banking procedure established under KRS 41.070 does not apply. OAG 72-597 .

Research References and Practice Aids

Cross-References.

Executors and administrators, committees, guardians, qualifications, KRS 395.005 ; appointment, KRS 387.025 , 387.040 , 395.015 , 395.040 .

210.300. Designation of hospital districts.

The secretary of the Cabinet for Health and Family Services shall prescribe from time to time, by regulations, for the designation of hospital districts, for the purpose of determining to which of the state institutions for the mentally ill the persons admitted from each county shall initially be sent.

History. 216aa-83: amend. Acts 1952, ch. 50, § 28; 1960, ch. 67, § 17; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8); 1998, ch. 426, § 269, effective July 15, 1998; 2005, ch. 99, § 324, effective June 20, 2005.

Compiler’s Notes.

This section was formerly compiled as KRS 202.170 .

210.310. Support of private patients — Rate of charge. [Repealed.]

Compiler’s Notes.

This section (216aa-38: amend. Acts 1964, ch. 164, § 2; 1968, ch. 90, § 64(3)) was repealed by Acts 1978, ch. 278, § 8. For present law see KRS 210.700 to 210.760 .

210.315. Liability of parents for treatment of child — Age age which liability terminates — “Long-term patient” defined. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 86, § 1; 1974, ch. 74, Art. VI, § 107(21); 1974, ch. 205, § 1) was repealed by Acts 1978, ch. 278, § 8. For present law see KRS 210.700 to 210.760 .

210.320. Recovery for support of patients. [Repealed.]

Compiler’s Notes.

This section (216aa-39: amend. Acts 1968, ch. 90, § 64(3); 1972, ch. 86, § 2) was repealed by Acts 1978, ch. 278, § 8. For present law see KRS 210.700 to 210.760 .

210.325. Limit of parents’ liability for treatment of child. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 86, § 3; 1974, ch. 74, Art. VI, § 107(9)) was repealed by Acts 1978, ch. 278, § 8. For present law see KRS 210.700 to 210.760 .

210.330. Employment of attorney — Cost of litigation — Limitation of action.

  1. The cabinet may employ counsel, upon the advice and approval of the Attorney General, to institute or defend such actions or proceedings as it deems necessary or proper to enforce the payment or reimbursement for board and maintenance of patients. In case of failure of suits, the expense thereof shall be certified by the secretary of the Finance and Administration Cabinet which shall provide for its payment out of the funds appropriated for the use of the cabinet.
  2. The statute of limitation providing the time in which actions for such recovery may be instituted shall not run against recovery provided for in this chapter until from and after the time at which the estate is acquired.

History. 216aa-40: amend. Acts 1966, ch. 255, § 195; 1968, ch. 90, § 64(3); 1974, ch. 74, Arts. II, § 9(1), VI, § 107(9), (21).

Compiler’s Notes.

This section was formerly compiled as KRS 203.110 .

NOTES TO DECISIONS

1. Constitutionality.

Where Department of Welfare (now Cabinet for Health and Family Services) filed claim for maintenance and board of patient in state hospital, provision of subsection (2) of this section was applicable and not unconstitutional. Department of Welfare v. Fox, 240 S.W.2d 65, 1951 Ky. LEXIS 944 ( Ky. 1951 ).

2. Limitations on Action.

Five-year limitation was applicable to action for support of person confined in state hospital. State was entitled to recover only amount due inmate under trust fund during last five years, said amount being less than rate fixed for support of inmates of institutions. Department of Public Welfare v. Meek, 264 Ky. 771 , 95 S.W.2d 599, 1936 Ky. LEXIS 401 ( Ky. 1936 ).

Where cabinet filed claim for maintenance and board of patient in state hospital, the five-year statute of limitations would not begin to run against cabinet until acquisition by patient of an estate which could be subject to debt. Department of Welfare v. Fox, 240 S.W.2d 65, 1951 Ky. LEXIS 944 ( Ky. 1951 ).

Research References and Practice Aids

Cross-References.

Attorney General to represent state agencies, KRS 15.020 .

Attorneys for state agencies, employment of, KRS 12.210 .

210.340. Extradition of nonresident patient.

Any nonresident who has been committed to a mental institution in another state and who escapes therefrom and is found in this state may be apprehended upon notice from the other state and returned thereto by personnel of the cabinet at the cabinet’s expense.

History. Enact. Acts 1960, ch. 66, § 6; 1968, ch. 90, § 64(3).

Compiler’s Notes.

This section was formerly compiled as KRS 203.155 .

NOTES TO DECISIONS

1. Issue of Incompetency.

Where the committee of the alleged incompetent failed to meet the issue raised by the alleged incompetent concerning whether she was then mentally incompetent, a 1956 New York judgment of incompetency was not conclusive in a suit filed in Kentucky to compel the alleged incompetent to return to an institution in New York. Delehanty v. Kahn, 446 S.W.2d 553, 1969 Ky. LEXIS 121 ( Ky. 1969 ).

Cited:

Delehanty v. Kahn, 446 S.W.2d 553, 1969 Ky. LEXIS 121 ( Ky. 1969 ).

210.350. Return of nonresidents — Expense.

If an order is issued by a judge committing to a state institution a person who has not acquired a legal residence in this state, the cabinet shall return such person, either before or after his admission to the institution, to the country or state to which he belongs and for such purposes may expend so much of the money appropriated to it as is necessary.

History. 216aa-45: amend. Acts 1960, ch. 66, § 8; 1968, ch. 90, § 64(3).

Compiler’s Notes.

This section was formerly compiled as KRS 203.160 .

210.360. Mental examination of persistent felony offenders. [Repealed.]

Compiler’s Notes.

This section (263b-17: amend. Acts 1960, ch. 66, § 11; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8) and (21); 1986, ch. 428, § 5, effective July 15, 1986; 1988, ch. 283, § 7, effective July 15, 1988; 1998, ch. 426, § 270, effective July 15, 1998; 2005, ch. 99, § 325, effective June 20, 2005) was repealed by Acts 2010, ch. 45, § 1, effective July 15, 2010.

This section was formerly compiled as KRS 203.340 .

NOTES TO DECISIONS

1. Purpose.

The purpose of this section is to enable the Commonwealth to obtain medical advice as to the mental competency of the accused and thus to determine, before incurring the expense of a trial, whether the accused should be committed to a mental hospital rather than a penal institution. Jones v. Davis, 233 F. Supp. 949, 1964 U.S. Dist. LEXIS 7431 (W.D. Ky.), aff'd, 336 F.2d 594, 1964 U.S. App. LEXIS 4299 (6th Cir. Ky. 1964 ).

The purpose of this section is to permit the department (now cabinet) to determine whether one indicted under the habitual criminal act should be a charge of that department of the state in one of its penal institutions or in one of its mental hospitals. Harrod v. Commonwealth, 311 Ky. 810 , 226 S.W.2d 4, 1950 Ky. LEXIS 557 (Ky.), cert. denied, 339 U.S. 915, 70 S. Ct. 562, 94 L. Ed. 1341, 1950 U.S. LEXIS 2288 (U.S. 1950).

The purpose of this section was found to be to determine whether accused should be sent to one of the state’s penal institutions or to one of its mental hospitals, the Court of Appeals expressly declared: “It is manifest that the prisoner acquires no right to such an examination under the statute itself.” Etherton v. Commonwealth, 379 S.W.2d 730, 1964 Ky. LEXIS 255 ( Ky. 1964 ).

2. Construction.

This section is not mandatory. Copeland v. Commonwealth, 397 S.W.2d 59, 1965 Ky. LEXIS 60 ( Ky. 1965 ).

3. Substantial Compliance.

When the defendant does receive a psychiatric examination before final judgment is entered and it reveals nothing that could have been of any consequence to his trial or defense, there has been a substantial compliance with this section. McIntosh v. Commonwealth, 368 S.W.2d 331, 1963 Ky. LEXIS 47 ( Ky. 1963 ).

4. Noncompliance.

Failure to comply with this section does not void the judgment. Mercer v. Commonwealth, 346 S.W.2d 761, 1961 Ky. LEXIS 335 ( Ky. 1961 ), cert. denied, 369 U.S. 822, 82 S. Ct. 834, 7 L. Ed. 2d 787, 1962 U.S. LEXIS 1649 (U.S. 1962).

Noncompliance with this section does not void a conviction. Davenport v. Commonwealth, 390 S.W.2d 662, 1965 Ky. LEXIS 367 ( Ky. 1965 ), cert. denied, 383 U.S. 970, 86 S. Ct. 1278, 16 L. Ed. 2d 310, 1966 U.S. LEXIS 1940 (U.S. 1966).

The failure to give the psychiatric examination provided under this section does not render a judgment of conviction void, and it is not a ground for setting aside a judgment under RCr 11.42. Capps v. Commonwealth, 465 S.W.2d 42, 1971 Ky. LEXIS 424 ( Ky. 1971 ).

5. Failure to Request.

Where the defendant, though indigent, was represented by counsel prior to and at his trial and neither the defendant nor his counsel made request for a mental examination, which was refused, and the issue was first raised on his second motion for post-conviction relief, no discriminatory denial of a mental examination to an indigent defendant was shown. Brister v. Commonwealth, 439 S.W.2d 940, 1969 Ky. LEXIS 379 ( Ky. 1969 ).

Cited:

Jones v. Davis, 336 F.2d 594, 1964 U.S. App. LEXIS 4299 (6th Cir. 1964); Lairson v. Commonwealth, 388 S.W.2d 592, 1965 Ky. LEXIS 440 ( Ky. 1965 ); Jones v. Commonwealth, 401 S.W.2d 68, 1966 Ky. LEXIS 404 ( Ky. 1966 ); Hack v. Commonwealth, 449 S.W.2d 762, 1970 Ky. LEXIS 475 ( Ky. 1970 ).

210.365. Crisis intervention team (CIT) training — Curriculum — Individual and aggregate reports — Telephonic behavioral health jail triage system.

  1. As used in this section:
    1. “Crisis intervention team (CIT) training” means a forty (40) hour training curriculum based on the Memphis Police Department Crisis Intervention Team model of best practices for law enforcement intervention with persons who may have a mental illness, substance use disorder, an intellectual disability, developmental disability, or dual diagnosis that meets the requirements of subsections (2) to (5) of this section and is approved by the Kentucky Law Enforcement Council;
    2. “Department” means the Department for Behavioral Health, Developmental and Intellectual Disabilities;
    3. “Prisoner” has the same meaning as set out in KRS 441.005 ; and
    4. “Qualified mental health professional” has the same meaning as set out in KRS 202A.011 .
  2. The department shall, in collaboration with the Justice and Public Safety Cabinet, the regional community boards for mental health or individuals with an intellectual disability, and representatives of the Kentucky statewide affiliate of the National Alliance on Mental Illness, coordinate the development of CIT training designed to train law enforcement officers to:
    1. Effectively respond to persons who may have a mental illness, substance use disorder, intellectual disability, developmental disability, or dual diagnosis;
    2. Reduce injuries to officers and citizens;
    3. Reduce inappropriate incarceration;
    4. Reduce liability; and
    5. Improve risk management practices for law enforcement agencies.
  3. The CIT training shall include but not be limited to:
    1. An introduction to crisis intervention teams;
    2. Identification and recognition of the different types of mental illnesses, substance use disorders, intellectual disabilities, developmental disabilities, and dual diagnoses;
    3. Interviewing and assessing a person who may have a mental illness, substance use disorder, intellectual disability, developmental disability, or dual diagnosis;
    4. Identification and common effects of psychotropic medications;
    5. Suicide prevention techniques;
    6. Community resources and options for treatment;
    7. Voluntary and involuntary processes for hospitalization of a person with a mental illness, substance use disorder, intellectual disability, developmental disability, or dual diagnosis; and
    8. Hostage or other negotiations with a person with a mental illness, intellectual disability, substance use disorder, developmental disability, or dual diagnosis.
  4. The curriculum shall be presented by a team composed of, at a minimum:
    1. A law enforcement training instructor who has completed a forty (40) hour CIT training course and a CIT training instructor’s course which has been approved by the Kentucky Law Enforcement Council, and at least forty (40) hours of direct experience working with a CIT;
    2. A representative from the local community board for mental health or individuals with an intellectual disability serving the region where CIT training is conducted;
    3. A consumer of mental health services; and
    4. A representative of the Kentucky statewide affiliate of the National Alliance on Mental Illness.
    1. The department shall submit the CIT training curriculum and the names of available instructors approved by the department to conduct or assist in the delivery of CIT training to the Kentucky Law Enforcement Council no later than July 1, 2007. (5) (a) The department shall submit the CIT training curriculum and the names of available instructors approved by the department to conduct or assist in the delivery of CIT training to the Kentucky Law Enforcement Council no later than July 1, 2007.
    2. The Kentucky Law Enforcement Council shall notify the department of approval or disapproval of the CIT training curriculum and trainers within thirty (30) days of submission of the curriculum and the names of instructors.
    3. The Kentucky Law Enforcement Council may waive instructor requirements for non-law enforcement trainers whose names are submitted by the department.
    4. If the curriculum or trainers are not approved, the department shall have an opportunity to revise and resubmit the curriculum and to submit additional names of instructors if necessary.
  5. If the curriculum is approved, the Kentucky Law Enforcement Council shall:
    1. Notify the Department of Kentucky State Police and all law enforcement agencies employing peace officers certified under KRS 15.380 to 15.404 of the availability of the CIT training; and
    2. Notify all instructors and entities approved for law enforcement training under KRS 15.330 of the availability of the CIT training.
  6. Any law enforcement training entity approved by the Kentucky Law Enforcement Council may use the CIT training model and curriculum in law enforcement in-service training as specified by subsection (1) of this section that is consistent with the Memphis CIT national model for best practices.
  7. No later than one (1) year after June 26, 2007, the department shall submit to the Kentucky Law Enforcement Council a CIT training instructors’ curriculum and the names of available instructors approved by the department to conduct or assist in the delivery of CIT training instructors’ training. Additional instructors may be submitted on a schedule determined by the Kentucky Law Enforcement Council.
  8. All CIT-trained law enforcement officers shall report to his or her agency on forms provided with the CIT curriculum on encounters with persons with mental illness, substance use disorders, intellectual disabilities, developmental disabilities, and dual diagnoses. The law enforcement agency shall aggregate reports received and submit nonidentifying information to the department on a monthly basis. Except for information pertaining to the number of law enforcement agencies participating in CIT training, the reports to the department shall include the information specified in subsection (10) of this section.
  9. The department shall aggregate all reports from law enforcement agencies under subsection (9) of this section and submit nonidentifying statewide information to the Justice and Public Safety Cabinet, the Criminal Justice Council, the Cabinet for Health and Family Services, and the Interim Joint Committee on Health and Welfare by December 1, 2008, and annually thereafter. The report shall include but not be limited to:
    1. The number of law enforcement officers trained per agency;
    2. Law enforcement responses to persons with mental illness, substance use disorders, intellectual disabilities, developmental disabilities, and dual diagnoses;
    3. Incidents of harm to the law enforcement officer or to the citizen;
    4. The number of times physical force was required and the type of physical force used; and
    5. The outcome of the encounters that may include but not be limited to incarceration or hospitalization.
  10. To implement the requirements of subsections (2) to (5) and (8) to (10) of this section, the department may use public or private funds as available and may develop a contract with a nonprofit entity that is a Kentucky statewide mental health advocacy organization that has a minimum of five (5) years of experience in implementation of the CIT training program in Kentucky.
  11. The Cabinet for Health and Family Services shall create a telephonic behavioral health jail triage system to screen prisoners for mental health risk issues, including suicide risk. The triage system shall be designed to give the facility receiving and housing the prisoner an assessment of his or her mental health risk, with the assessment corresponding to recommended protocols for housing, supervision, and care which are designed to mitigate the mental health risks identified by the system. The triage system shall consist of:
    1. A screening instrument which the personnel of a facility receiving a prisoner shall utilize to assess inmates for mental health, suicide, intellectual disabilities, and acquired brain injury risk factors; and
    2. A continuously available toll-free telephonic triage hotline staffed by a qualified mental health professional which the screening personnel may utilize if the screening instrument indicates an increased mental health risk for the assessed prisoner.
  12. In creating and maintaining the telephonic behavioral health jail triage system, the cabinet shall consult with:
    1. The Department of Corrections;
    2. The Kentucky Jailers Association; and
    3. The regional community services programs for mental health or individuals with an intellectual disability created under KRS 210.370 to 210.460 .
  13. The cabinet may delegate all or a portion of the operational responsibility for the triage system to the regional community services programs for mental health or individuals with an intellectual disability created under KRS 210.370 to 210.460 if the regional program agrees and the cabinet remains responsible for the costs of delegated functions.
  14. The cabinet shall design into the implemented triage system the ability to screen and assess prisoners who communicate other than in English or who communicate other than through voice.
  15. The cost of operating the telephonic behavioral health jail triage system shall be borne by the cabinet.
  16. Records generated under this section shall be treated in the same manner and with the same degree of confidentiality as other medical records of the prisoner.
  17. Unless the prisoner is provided with an attorney during the screening and assessment, any statement made by the prisoner in the course of the screening or assessment shall not be admissible in a criminal trial of the prisoner, unless the trial is for a crime committed during the screening and assessment.
  18. The cabinet may, after consultation with those entities set out in subsection (13) of this section, promulgate administrative regulations for the operation of the telephonic behavioral health jail triage system and the establishment of its recommended protocols for prisoner housing, supervision, and care.

History. Enact. Acts 2004, ch. 137, § 2, effective July 13, 2004; 2005, ch. 99, § 326, effective June 20, 2005; 2007, ch. 49, § 1, effective June 26, 2007; 2012, ch. 146, § 75, effective July 12, 2012; 2012, ch. 158, § 37, effective July 12, 2012; 2019 ch. 128, § 3, effective June 27, 2019.

Legislative Research Commission Note.

(6/26/2007). Under the authority of KRS 7.136(1), the Reviser of Statutes in codification has changed the internal numbering system of subsection (2) of this statute. The meaning of the text was not altered.

(6/26/2007). 2007 Ky. Acts ch. 85, sec. 335, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in the Act, as it confirms the reorganization of the Justice and Public Safety Cabinet. Such a correction has been made in this section.

210.366. Training program in suicide assessment, treatment, and management — Administrative regulations.

  1. As used in this section:
    1. “Board” means the Kentucky Board of Social Work, Kentucky Board of Licensure of Marriage and Family Therapists, Kentucky Board of Licensed Professional Counselors, Kentucky Board of Licensure for Pastoral Counselors, Kentucky Board of Alcohol and Drug Counselors, Kentucky Board of Examiners of Psychology, and Kentucky Board of Licensure for Occupational Therapy; and
    2. “Training program in suicide assessment, treatment, and management” means an empirically supported training program approved by the boards that contains suicide assessment including screening and referral, suicide treatment, and suicide management. A board may approve a training program that excludes one (1) of the elements if the element is inappropriate for the profession in question or inappropriate for the level of licensure or credentialing of that profession based on the profession’s scope of practice. A training program that includes only screening and referral elements shall be at least three (3) hours in length. All other training programs approved under this section shall be at least six (6) hours in length.
  2. Beginning January 1, 2015, each of the following professionals certified or licensed under KRS Title XXVI shall, at least once every six (6) years, complete a training program in suicide assessment, treatment, and management that is approved, in administrative regulations, by the respective boards:
    1. A social worker, marriage and family therapist, professional counselor, or pastoral counselor certified or licensed under KRS Chapter 335;
    2. An alcohol and drug counselor licensed or certified under KRS Chapter 309, and an alcohol and drug peer support specialist registered under KRS Chapter 309;
    3. A psychologist licensed or certified under KRS Chapter 319; and
    4. An occupational therapist licensed under KRS Chapter 319A.
    1. Except as provided in paragraph (b) of this subsection, a professional listed in subsection (2) of this section must complete the first training required by this section by July 2016. (3) (a) Except as provided in paragraph (b) of this subsection, a professional listed in subsection (2) of this section must complete the first training required by this section by July 2016.
    2. A professional listed in subsection (2) of this section applying for initial licensure, registration, or certification on or after June 25, 2013, may delay completion of the first training required by this section for six (6) years after initial licensure, registration, or certification if he or she can demonstrate successful completion of a six (6) hour academic training program in suicide assessment, treatment, and management that:
      1. Was completed no more than six (6) years prior to the application for initial licensure, registration, or certification; and
      2. Is listed on the best practices registry of the American Foundation for Suicide Prevention and the Suicide Prevention Resource Center.
  3. The hours spent completing a training program in suicide assessment, treatment, and management under this section count toward meeting any applicable continuing education requirements for each profession.
  4. A board may, by administrative regulation, specify minimum training and experience that is sufficient to exempt a professional from the training requirements in subsection (2) of this section.
    1. The cabinet shall develop a model list of training programs in suicide assessment, treatment, and management. (6) (a) The cabinet shall develop a model list of training programs in suicide assessment, treatment, and management.
    2. When developing the model list, the cabinet shall:
      1. Consider suicide assessment, treatment, and management training programs of at least six (6) hours in length listed on the best practices registry of the American Foundation for Suicide Prevention and the Suicide Prevention Resource Center; and
      2. Consult with the boards, public and private institutions of higher education, experts in suicide assessment, treatment, and management, and affected professional associations.
    3. The cabinet shall report the model list of training programs to the Interim Joint Committee on Health and Welfare no later than December 15, 2014.
  5. Nothing in this section may be interpreted to expand or limit the scope of practice of any profession regulated under KRS Title XXVI.
  6. The cabinet and the boards affected by this section shall adopt any administrative regulations necessary to implement this section.

HISTORY: Enact. Acts 2013, ch. 17, § 1, effective June 25, 2013; 2014, ch. 64, § 2, effective July 15, 2014; 2015 ch. 29, § 18, effective June 24, 2015.

Regional Community Mental Health Program

210.370. Cities or counties may join in providing programs for mental health or individuals with an intellectual disability.

Any combination of cities or counties of over fifty thousand (50,000) population, and upon the consent of the secretary of the Cabinet for Health and Family Services, any combination of cities or counties with less than fifty thousand (50,000) population, may establish a regional community services program for mental health or individuals with an intellectual disability and staff same with persons specially trained in psychiatry and related fields. Such programs and clinics may be administered by a community board for mental health or individuals with an intellectual disability established pursuant to KRS 210.370 to 210.460 , or by a nonprofit corporation.

History. Enact. Acts 1964, ch. 79, § 2; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8); 1978, ch. 396, § 1, effective June 17, 1978; 1998, ch. 426, § 271, effective July 15, 1998; 2005, ch. 99, § 327, effective June 20, 2005; 2012, ch. 146, § 76, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.410 .

NOTES TO DECISIONS

1. Boards Not State Agencies.

Regional mental health-mental retardation boards are not state agencies within the meaning of KRS 61.510 and therefore not subject to the Kentucky Employees Retirement System, even though they may receive and administer state and federal grants. Kentucky Region Eight v. Commonwealth, 507 S.W.2d 489, 1974 Ky. LEXIS 709 ( Ky. 1974 ).

Cited:

Kentucky Asso. for Retarded Citizens v. Conn, 510 F. Supp. 1233, 1980 U.S. Dist. LEXIS 16470 (W.D. Ky. 1980 ), aff’d, Kentucky Asso. for Retarded Citizens, Inc. v. Conn, 674 F.2d 582, 1982 U.S. App. LEXIS 20368 (6th Cir. Ky. 1982 ).

Opinions of Attorney General.

The contribution of a city or county government to a regional community mental health program established pursuant to this section is, under KRS 210.460 , permissive and not mandatory. OAG 68-613 .

Speech pathologists and audiologists employed at comprehensive care centers operated by the various regional mental health-mental retardation boards must be licensed pursuant to KRS 334A.020 as they are not state employees entitled to exemption under KRS 334A.040(3)(b). OAG 74-384 .

The amount and kind of control which the state has over the private agency which operates the state-owned facility depends entirely upon the provisions of the contract, thus such contract should include the obligations required of a mental health-mental retardation board under KRS 210.370 et seq. OAG 75-250 .

If a comprehensive care center is operated by a corporation, it is not subject to the open meetings law (KRS 61.805 to 61.850 ), however, if such care center is operated by a regional board set up according to KRS 210.380 it is subject to the open meetings law. OAG 75-402 .

Regional mental health-mental retardation boards are not agencies of either state or local governments, therefore employees are not eligible to participate under either state or local deferred compensation programs. OAG 76-260 .

210.380. Community board programs for mental health or individuals with an intellectual disability — Establishment — Membership.

Every combination of cities and counties establishing a regional community services program for mental health or individuals with an intellectual disability shall, before it comes within the provisions of KRS 210.370 to 210.460 , establish a community board for mental health or individuals with an intellectual disability consisting of at least nine (9) members. When a nonprofit corporation is the administrator of such a program not established by a combination of either cities or counties, such corporation shall select a community board for mental health or individuals with an intellectual disability which shall be representative of the groups herein enumerated, but the number of members need not be nine (9). When any combination of cities and counties establishes a regional community services program for mental health or individuals with an intellectual disability, the chief executive officer of each participating city or county shall appoint two (2) members to a selecting committee which shall select the members of the board. Membership of the community boards for mental health or individuals with an intellectual disability shall be representative of the elected chief executives of county governments, local health departments, medical societies, county welfare boards, hospital boards, lay associations concerned with mental health and intellectual disabilities as well as labor, business and civic groups, and the general public.

History. Enact. Acts 1964, ch. 79, § 6; 1968, ch. 90, § 64(3); 1976, ch. 328, § 10; 1978, ch. 396, § 2, effective June 17, 1978; 2012, ch. 146, § 77, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.420 .

Opinions of Attorney General.

An agreement between the department of mental health (now Cabinet for Health and Family Services) and the Department of Finance (now Finance and Administration Cabinet) is required before the upper Kentucky River Regional Mental Health-Mental Retardation Board may purchase supplies. OAG 69-171 .

Mental health-mental retardation boards, when considered in the light of this section, clearly are instrumentalities of the Commonwealth and are therefore a political subdivision for the purposes of KRS 61.420 . OAG 73-203 .

Speech pathologists and audiologists employed at comprehensive care centers operated by the various regional mental health-mental retardation boards must be licensed pursuant to KRS 334A.020 as they are not state employees entitled to exemption under KRS 334A.040(3)(b). OAG 74-384 .

210.390. Terms of members of board — Vacancies — Removal.

The term of office of each member of the community board for mental health or individuals with an intellectual disability shall be for four (4) years measured from the first day of the year of appointment except that of the members first appointed, three (3) shall be appointed for a term of two (2) years, three (3) for a term of three (3) years, and three (3) for a term of four (4) years. Vacancies shall be filled for the unexpired term in the same manner as original appointments. Any member of a board may be removed by the appointing authority for neglect of duty, misconduct or malfeasance in office, after being given a written statement of charges and an opportunity to be heard thereon.

History. Enact. Acts 1964, ch. 79, § 7; 1968, ch. 90, § 64(3); 1976, ch. 328, § 11; 1978, ch. 396, § 3, effective June 17, 1978; 2012, ch. 146, § 78, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.430 .

210.400. Duties of board.

Subject to the provisions of this section and the policies and regulations of the secretary of the Cabinet for Health and Family Services, each community board for mental health or individuals with an intellectual disability shall:

  1. Review and evaluate services for mental health or individuals with an intellectual disability provided pursuant to KRS 210.370 to 210.460 , and report thereon to the secretary of the Cabinet for Health and Family Services, the administrator of the program, and, when indicated, the public, together with recommendations for additional services and facilities;
  2. Recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies, and other lawful sources, and promote public support for municipal and county appropriations;
  3. Promote, arrange, and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies;
  4. Adopt and implement policies to stimulate effective community relations;
  5. Be responsible for the development and approval of an annual plan and budget;
  6. Act as the administrative authority of the community program for mental health or individuals with an intellectual disability;
  7. Oversee and be responsible for the management of the community program for mental health or individuals with an intellectual disability in accordance with the plan and budget adopted by the board and the policies and regulations issued under KRS 210.370 to 210.480 by the secretary of the Cabinet for Health and Family Services;
  8. Comply with the provisions of KRS 65A.010 to 65A.090 ; and
  9. Deliver the training recommended by the Department for Behavioral Health, Developmental and Intellectual Disabilities for local jailers and other officers of the court who may come in contact with persons deemed mentally ill and who are incarcerated or in detention.

History. Enact. Acts 1964, ch. 79, § 8; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8); 1978, ch. 396, § 4, effective June 17, 1978; 1998, ch. 426, § 272, effective July 15, 1998; 2005, ch. 99, § 328, effective June 20, 2005; 2012, ch. 146, § 79, effective July 12, 2012; 2013, ch. 40, § 64, effective March 21, 2013; 2018 ch. 171, § 14, effective April 14, 2018; 2018 ch. 207, § 14, effective April 27, 2018; 2019 ch. 128, § 4, effective June 27, 2019.

Compiler's Notes.

This section was formerly compiled as KRS 203.440 .

210.405. Board may act as fiduciary — Duties — Powers.

  1. Any regional community board for mental health or individuals with an intellectual disability established pursuant to KRS 210.380 and recognized by the secretary of the Cabinet for Health and Family Services may be appointed and act as executor, administrator, guardian, limited guardian, conservator, or limited conservator, as provided in this section. In this capacity, the board may transact business in the same manner as any individual and for this purpose may sue and be sued in any of the courts of the state. Bond shall not be required of the board.
  2. Whenever a person who has been adjudged mentally disabled and requires mental health services has no guardian or conservator, the board, acting through its designated officer, may apply to the District Court of the county in which the adjudication was made for its appointment as guardian or conservator for such mentally disabled person. The board may also apply to be substituted as guardian or conservator for a mentally disabled person whose guardian or conservator is the Cabinet for Health and Family Services and who has been discharged or whose discharge is imminent from a Cabinet for Health and Family Services facility.
  3. Upon the death of a person for whom the board has been appointed guardian or conservator leaving an estate and having no relatives at the time residing within the state, the board may apply for appointment as administrator and upon appointment shall close the administration of the estate.
  4. The board may invest funds held as fiduciary in bonds or other securities guaranteed by the United States, and may sell or exchange such securities in its discretion.
  5. The board shall receive such fees for its fiduciary services as provided by law. These fees shall be placed in a trust and agency account, from which may be drawn expenses for filing fees, court costs, and other expenses incurred in the administration of estates. Claims of the board against the estates shall be considered in the same manner as any other claim.

History. Enact. Acts 1970, ch. 278, § 4; 1974, ch. 74, Art. VI, § 107(1), (8); 1976 (Ex. Sess.), ch. 14, § 202, effective January 2, 1978; 1978, ch. 396, § 5, effective June 17, 1978; 1982, ch. 141, § 71, effective July 1, 1982; 1998, ch. 426, § 273, effective July 15, 1998; 2005, ch. 99, § 329, effective June 20, 2005; 2012, ch. 146, § 80, effective July 12, 2012.

Compiler’s Notes.

This section was amended by § 75 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

210.410. State aid for regional mental health and intellectual disability programs.

  1. The secretary of the Cabinet for Health and Family Services is hereby authorized to make state grants and other fund allocations from the Cabinet for Health and Family Services to assist any combination of cities and counties, or nonprofit corporations in the establishment and operation of regional community mental health and intellectual disability programs which may provide primary care services and shall provide at least the following services:
    1. Inpatient services;
    2. Outpatient services;
    3. Partial hospitalization or psychosocial rehabilitation services;
    4. Emergency services;
    5. Consultation and education services; and
    6. Services for individuals with an intellectual disability.
  2. The services required in subsection (1)(a), (b), (c), (d), and (e) of this section, in addition to primary care services, if provided, shall be available to the mentally ill, drug abusers and alcohol abusers, and all age groups including children and the elderly. The services required in subsection (1)(a), (b), (c), (d), (e), and (f), in addition to primary care services, if provided, shall be available to individuals with an intellectual disability. The services required in subsection (1)(b) of this section shall be available to any child age sixteen (16) or older upon request of such child without the consent of a parent or legal guardian, if the matter for which the services are sought involves alleged physical or sexual abuse by a parent or guardian whose consent would otherwise be required.

History. Enact. Acts 1964, ch. 79, § 1; 1968, ch. 90, § 64(3); 1970, ch. 278, § 5; 1974, ch. 74, Art. VI, § 107(1), (8); 1976 (Ex. Sess.), ch. 14, § 202, effective January 2, 1978; 1978, ch. 396, § 6, effective June 17, 1978; 1988, ch. 283, § 1, effective July 15, 1988; 1998, ch. 426, § 274, effective July 15, 1998; 2005, ch. 99, § 330, effective June 20, 2005; 2010, ch. 141, § 20, effective July 15, 2010; 2014, ch. 124, § 1, effective July 15, 2014.

Compiler’s Notes.

This section was formerly compiled as KRS 203.450 .

NOTES TO DECISIONS

Cited:

Kentucky Asso. for Retarded Citizens v. Conn, 510 F. Supp. 1233, 1980 U.S. Dist. LEXIS 16470 (W.D. Ky. 1980 ), aff’d, Kentucky Asso. for Retarded Citizens, Inc. v. Conn, 674 F.2d 582, 1982 U.S. App. LEXIS 20368 (6th Cir. Ky. 1982 ).

210.420. Limits on state general fund grants — Purpose for which made — Distribution formula.

  1. Except as hereinafter provided, grants from state general funds for any program shall not exceed fifty percent (50%) of the total expenditures for:
    1. Salaries;
    2. Contract facilities and services;
    3. Operation, maintenance, and service costs;
    4. Per diem and travel expenses for members of the community boards for mental health or individuals with an intellectual disability; and
    5. Other expenditures specifically approved by the secretary for health and family services.

      No grants from state general funds shall be made for capital expenditures. Grants from state general funds may be made for expenditures for services for mental health or individuals with an intellectual disability, whether provided by operation of a local facility or through contract with other public or private agencies.

  2. The secretary of the Cabinet for Health and Family Services shall distribute to community boards for mental health or individuals with an intellectual disability those general funds appropriated to the cabinet for the operation of regional community programs for mental health or individuals with an intellectual disability. This distribution shall be by a formula which includes provisions for:
    1. Per capita allocations;
    2. Incentive allocations which require local matching funds based on the per capita wealth of the area served; and
    3. Discretionary allocations to be available to the secretary to maintain essential services pursuant to KRS 210.410 .

The formula for allocation of community program general funds for mental health or individuals with an intellectual disability shall be prescribed by administrative regulations.

History. Enact. Acts 1964, ch. 79, § 5; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8); 1978, ch. 396, § 7, effective June 17, 1978; 1998, ch. 426, § 275, effective July 15, 1998; 2005, ch. 99, § 331, effective June 20, 2005; 2012, ch. 146, § 81, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.460 .

NOTES TO DECISIONS

Cited:

Kentucky Asso. for Retarded Citizens v. Conn, 510 F. Supp. 1233, 1980 U.S. Dist. LEXIS 16470 (W.D. Ky. 1980 ), aff’d, Kentucky Asso. for Retarded Citizens, Inc. v. Conn, 674 F.2d 582, 1982 U.S. App. LEXIS 20368 (6th Cir. Ky. 1982 ).

210.430. Plan, budget, and membership of board to be submitted to obtain aid.

Any community board for mental health or individuals with an intellectual disability or nonprofit corporation administering a services program for mental health or individuals with an intellectual disability may apply for the assistance provided by KRS 210.370 to 210.460 by submitting annually to the secretary of the Cabinet for Health and Family Services its plan, budget, and membership of the board for the next fiscal year. No program shall be eligible for a state grant and other fund allocations from the Cabinet for Health and Family Services hereunder unless its plan and budget have been approved by the secretary of the Cabinet for Health and Family Services, and no program shall be eligible for a state grant and other fund allocations from the Cabinet for Health and Family Services hereunder unless the board composition is reasonably representative of those groups enumerated in KRS 210.380 .

History. Enact. Acts 1964, ch. 79, § 3; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8); 1976, ch. 328, § 12; 1978, ch. 396, § 8, effective June 17, 1978; 1998, ch. 426, § 276, effective July 15, 1998; 2005, ch. 99, § 332, effective June 20, 2005; 2012, ch. 146, § 82, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.470 .

210.440. Allocation of funds — Withdrawal of funds or board recognition — Action by secretary when emergency exists — Appeal and hearing.

  1. At the beginning of each fiscal year, the secretary of the Cabinet for Health and Family Services shall allocate available funds to the boards for mental health or individuals with an intellectual disability or nonprofit organizations for disbursement during the fiscal year in accordance with approved plans and budgets. The secretary shall, from time to time during the fiscal year, review the operations, budgets, and expenditures of the various programs; and if funds are not needed for a program to which they were allocated or if the board has failed to pay employer contributions for which it is liable by its participation in the Kentucky Employees Retirement System, he may, after reasonable notice and opportunity for hearing, withdraw any funds that are unencumbered and reallocate them to other programs. He may withdraw funds from any program, or component part thereof:
    1. Which is not being operated and administered in accordance with its approved plan and budget, and the policies and administrative regulations of the cabinet promulgated pursuant to KRS 210.370 to 210.480 ; or
    2. If the board has failed to pay employer contributions for which it is liable by its participation in the Kentucky Employees Retirement System.
  2. If the secretary finds at any time that a board for mental health or individuals with an intellectual disability or nonprofit organization to which funds have been allocated for the operation of a regional community program for mental health or individuals with an intellectual disability is not operating and administering its program in compliance and accordance with the approved plan and budget and the policies and administrative regulations of the cabinet, or if the board has failed to pay employer contributions for which it is liable by its participation in the Kentucky Employees Retirement System or if the board has filed for bankruptcy, he may withdraw his recognition of that board or organization as the local authority for the receipt of funds and the operation and administration of regional community programs for mental health or individuals with an intellectual disability.
  3. If the secretary finds at any time that an emergency situation exists with regard to the financial stability of any regional board for mental health or individuals with an intellectual disability or nonprofit organization, including a regional board’s inability to pay employer contributions to the Kentucky Employees Retirement System or a regional board’s actions to file for bankruptcy, which jeopardizes the continuation of programs and provision of services in the area served by that board or nonprofit organization, he may, other statutes to the contrary notwithstanding:
    1. Appoint a caretaker administrator who shall be authorized to direct the operation and administration of the board or nonprofit organization’s community programs for mental health or individuals with an intellectual disability including, but not limited to, their financial record keeping, their personnel management operations, and their financial and program reporting; and
    2. Make personnel changes deemed necessary to insure the continued operation of the board or nonprofit organization in compliance with its plan and budget and the policies and regulations of the cabinet.
  4. Any community board for mental health or individuals with an intellectual disability to be affected by the provisions of subsections (2) and (3) of this section shall be notified by the secretary of the Cabinet for Health and Family Services thirty (30) days prior to the anticipated action by the secretary. The notification shall be by means of a letter from the secretary to the chairman of the board for mental health or individuals with an intellectual disability in question and shall state the reasons for the anticipated action. Following the notification, the board for mental health or individuals with an intellectual disability may:
    1. Comply with the secretary’s action without contesting it; or
    2. Request an administrative hearing before a hearing officer appointed by the secretary to show cause why the action should not stand. The application shall be made within seven (7) days of the receipt of the letter from the secretary, and the hearing shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1964, ch. 79, § 4; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 107(1), (8) and (21); 1978, ch. 396, § 9, effective June 17, 1978; 1990, ch. 499, § 13, effective July 13, 1990; 1996, ch. 318, § 101, effective July 15, 1996; 1998, ch. 426, § 277, effective July 15, 1998; 2005, ch. 99, § 333, effective June 20, 2005; 2012, ch. 146, § 83, effective July 12, 2012; 2015 ch. 28, § 16, effective June 24, 2015.

Compiler’s Notes.

This section was formerly compiled as KRS 203.480 .

Opinions of Attorney General.

Any interest which might be taken by the secretary of the Department for Health Services (now Cabinet for Health and Family Services) under subsection (3) does not belong to an individual and is not an interest in property cognizable under the Fourteenth Amendment to the United States Constitution which would require a due process hearing; moreover, neither subsection (3) or (4) violate any other provision of the United States Constitution, or any provision of the Kentucky Constitution. OAG 78-743 .

210.450. Additional powers and duties of secretary as to regional programs.

In addition to the powers and duties already conferred upon him by the law, the secretary of the Cabinet for Health and Family Services shall:

  1. Promulgate policies and regulations governing eligibility of community programs for mental health or individuals with an intellectual disability to receive state grants and other fund allocations from the Cabinet for Health and Family Services, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel, governing eligibility for service so that no person will be denied service on the basis of race, color or creed, or inability to pay, providing for establishment of fee schedules which shall be based upon ability to pay, regulating fees for diagnostic services, which services may be provided for anyone without regard to his financial status, when referred by the courts, schools, or health and welfare agencies whether public or private, governing financial record keeping, prescribing standards for personnel management operations, providing for financial and program reporting requirements, and such other policies and regulations as he deems necessary to carry out the purposes of KRS 210.370 to 210.460 ;
  2. Review and evaluate local programs and the performance of administrative and psychiatric personnel and make recommendations thereon to community boards for mental health or individuals with an intellectual disability and program administrators;
  3. Provide consultative service, by professionals qualified in the areas of mental health and intellectual disabilities by education and training, to communities to assist in ascertaining local needs and in planning and establishing community programs for mental health or individuals with an intellectual disability;
  4. Employ necessary and qualified personnel to implement KRS 210.370 to 210.460 ; and
  5. Review annually the personnel policies, procedures, and personnel compensation plans of community boards for mental health or individuals with an intellectual disability and disapprove if not consistent with accepted standards of personnel and salary administration prescribed by the cabinet.

History. Enact. Acts 1964, ch. 79, § 9; 1968, ch. 90, § 64(3); 1974, ch. 74, Art. VI, § 61; 1978, ch. 396, § 10, June 17, 1978; 1998, ch. 426, § 278, effective July 15, 1998; 2005, ch. 99, § 334, effective June 20, 2005; 2012, ch. 146, § 84, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.490 .

NOTES TO DECISIONS

1. Professional Equivalents.

KRS 210.450 , rather than KRS 319.005 , controls with regard to the qualifications of persons who may provide psychological services at community mental health centers; accordingly, a professional equivalent providing counseling services as an employee of a community mental health center is not governed by KRS Ch. 319, i.e., the authority of the Board of Examiners of Psychology, but is governed by the regulations promulgated by the Cabinet for Health Services (now Health and Family Services), per the authority of KRS 210.450 . Commonwealth v. Funk, 84 S.W.3d 92, 2002 Ky. App. LEXIS 1340 (Ky. Ct. App. 2002).

210.460. Cities and counties may appropriate funds and levy tax for regional program.

In order to provide the necessary funds to establish and operate a services program for mental health or individuals with an intellectual disability and to establish and maintain a clinic, any city or county coming under the provisions of KRS 210.370 to 210.460 may contribute its proportionate share of the cost of the program, to be apportioned on a population basis, by direct appropriation from its general tax fund or by allocating therefor the proceeds of a special tax for the support of the program. The cost shall be deemed for all purposes a proper county expense.

History. Enact. Acts 1964, ch. 79, § 10; 1968, ch. 90, § 64(3); 1978, ch. 396, § 11, effective June 17, 1978; 2012, ch. 146, § 85, effective July 12, 2012.

Compiler’s Notes.

This section was formerly compiled as KRS 203.500 .

Opinions of Attorney General.

The contribution of a city or county government to a regional community mental health program established pursuant to KRS 210.370 is, under this section, permissive and not mandatory. OAG 68-613 .

Regional mental health boards formed pursuant to Kentucky law under this chapter are in effect public boards, and funds which these boards provide to the bureau of rehabilitation for regional mental health services programs are public funds. OAG 70-466 .

The fiscal court may contribute to a mental health workshop which is operated by the North Central Comprehensive Care, which is a nonprofit corporation organized to carry out public purposes involving mental health and mental retardation, pursuant to KRS 210.370 et seq., located in Washington County and serving Washington County residents. OAG 85-99 .

210.470. Taxing district for mental health or individuals with an intellectual disability — Governing board.

  1. It is the intent of this section to create a taxing district for mental health or individuals with an intellectual disability by operation of law in each county coming under the provisions of KRS 210.370 to 210.460 , in order to implement KRS 210.460 .
  2. In all counties which have participated in the establishment of a regional community services program for mental health or individuals with an intellectual disability under KRS 210.380 , a taxing district for mental health or individuals with an intellectual disability is hereby declared to be created.
  3. The members of the community board for mental health or individuals with an intellectual disability recognized by the secretary for health and family services pursuant to KRS 210.380 shall, by virtue of their office, constitute and be the governing board of the taxing district for mental health or individuals with an intellectual disability and shall perform the duties attendant thereto in addition to their duties as members of the community board for mental health or individuals with an intellectual disability. Officers of the community board for mental health or individuals with an intellectual disability shall be the officers of the taxing district for mental health or individuals with an intellectual disability.

History. Enact. Acts 1970, ch. 278, § 8; 1974, ch. 74, Art. VI, § 107(1), (8); 1978, ch. 396, § 12, effective June 17, 1978; 1998, ch. 426, § 279, effective July 15, 1998; 2005, ch. 99, § 335, effective June 20, 2005; 2012, ch. 146, § 86, effective July 12, 2012.

Opinions of Attorney General.

The fiscal court has no authority in acting on behalf of the taxing district to place the question of levying the ad valorem mental health tax to a vote of the people, rather it is the duty of the fiscal court to make up its own mind as to whether or not the tax will be imposed. OAG 78-422 .

This section and KRS 210.480 authorized, in effect, any combination of cities and counties to establish a regional community health service program, together with a governing board. OAG 78-422 .

While the fiscal court cannot order the question of levying an ad valorem mental health tax to be placed on the ballot on behalf of the Mental Health-Mental Retardation Board and the district created under KRS 68.510 et seq., nevertheless the county can, on its own initiative, place a similar question on the ballot as long as the general subject relates to human services and health services, provided the county itself operates the program under KRS 68.520 , and not pursuant to KRS 210.480 , on behalf of the Mental Health-Mental Retardation Regional Board. OAG 78-422 .

210.480. Special ad valorem tax for mental health or individuals with an intellectual disability.

  1. If, after the establishment of the taxing district for mental health or individuals with an intellectual disability as provided for in this section, KRS 210.460 , and KRS 210.470 , the tax levying authorities in member areas of the district, in the opinion of the community board for mental health or individuals with an intellectual disability, do not appropriate an amount sufficient to meet the needs of the services program for mental health or individuals with an intellectual disability and clinic, as established pursuant to KRS 210.370 , the community board for mental health or individuals with an intellectual disability, acting as the governing body of the taxing district shall, with the approval of the Cabinet for Health and Family Services, request the fiscal courts in each of the member areas which have not contributed a sufficient proportionate share of the cost of the program, to impose a special ad valorem tax for mental health or individuals with an intellectual disability in such amount that it deems sufficient, but not in excess of four cents ($0.04) per one hundred dollars ($100) of full assessed valuation. The fiscal court may, upon receipt of a duly certified copy of said request, include in the next ad valorem tax levy said special tax for mental health or individuals with an intellectual disability imposed by the board for mental health or individuals with an intellectual disability, which shall be in addition to all other county ad valorem taxes. If levied by the fiscal court, said special tax for mental health or individuals with an intellectual disability shall be collected in the same manner as are other county ad valorem taxes and turned over to the community board for mental health or individuals with an intellectual disability to be used for the maintenance and operation of the services program for mental health or individuals with an intellectual disability and clinic as provided in KRS 210.460 . No appropriation for a services program for mental health or individuals with an intellectual disability and clinic established under KRS 210.370 shall be reduced or eliminated on the grounds that a special tax has been levied where the community board for mental health or individuals with an intellectual disability requested the amount levied as a necessary supplement to that appropriation. Taxing districts organized pursuant to KRS 210.470 shall not be subject to the provisions of the compensating tax rate as defined by KRS 132.010 nor to Acts 1965 (1st Ex. Sess.), ch. 2.
  2. Nothing contained in this section shall be construed as precluding any city or county from appropriating or allocating funds in any other manner for the support of the regional services program for mental health or individuals with an intellectual disability and clinic, pursuant to KRS 210.460 , or any other statutory provision.

History. Enact. Acts 1970, ch. 278, § 9; 1974, ch. 74, Art. VI, § 107(1), (9); 1978, ch. 396, § 13, effective June 17, 1978; 1998, ch. 426, § 280, effective July 15, 1998; 2005, ch. 99, § 336, effective June 20, 2005; 2012, ch. 146, § 87, effective July 12, 2012.

Compiler’s Notes.

Acts 1965 (1st Ex. Sess.), ch. 2 referred to in subsection (1), is compiled as KRS 68.180 , 68.185 , 68.190 , 68.240 , 68.245 , 132.010 , 132.020 , 132.023 , 132.027 , 132.200 , 132.425 (now repealed), 136.120 , 157.380 (now repealed), 157.440 , 160.470 , 160.476 , 160.477 (now repealed), 160.482 to 160.488 , 178.200 , 178.210 .

Opinions of Attorney General.

Nothing in this section requires a referendum on the question of whether or not the requested tax is to be levied and such an issue cannot be placed on the ballot. OAG 78-123 .

The fiscal court has complete discretion under the terms of this section as to whether or not a proposed ad valorem mental health tax will be levied. OAG 78-123 .

KRS 210.470 and this section authorize, in effect, any combination of cities and counties to establish a regional community health service program, together with a governing board. OAG 78-422 .

The fiscal court has no authority in acting on behalf of the taxing district to place the question of levying an ad valorem mental health tax to a vote of the people, rather it is the duty of the fiscal court to make up its own mind as to whether or not the tax will be imposed. OAG 78-422 .

While the fiscal court cannot order the tax question to be placed on the ballot on behalf of the Mental Health-Mental Retardation Board and the district created under KRS 68.510 et seq., nevertheless the county can on its own initiative place a similar question on the ballot as long as the general subject relates to human services and health services, provided the county itself operates the program under KRS 68.520 , and not pursuant to this section on behalf of the Mental Health-Mental Retardation Regional Board. OAG 78-422 .

210.485. Regional boards to provide lists of hospitals, psychiatric facilities, and treatment providers for involuntary treatment under KRS 222.433 and 222.434.

Regional community boards for mental health or individuals with an intellectual disability shall, on at least an annual basis, submit the following lists to the circuit clerks in each board’s region:

  1. A list of hospitals and psychiatric facilities in the judicial districts within the board’s region which are able and willing to take respondents ordered to undergo seventy-two (72) hours of treatment and observation pursuant to KRS 222.434 ; and
  2. A list of hospitals and treatment providers in the judicial districts within the board’s region who are able and willing to provide treatment for substance use disorder ordered pursuant to KRS 222.433 .

History. Enact. Acts 2004, ch. 116, § 9, effective July 13, 2004; 2012, ch. 146, § 88, effective July 12, 2012; 2019 ch. 128, § 5, effective June 27, 2019.

Planning for Mental Health and Substance Abuse Services

210.500. Legislative findings on planning for mental health and substance abuse services. [Repealed]

History. Enact. Acts 2000, ch. 507, § 1, effective April 21, 2000; repealed by 2019 ch. 128, § 31, effective June 27, 2019.

210.502. Kentucky Commission on Services and Supports for Individuals with Mental Illness, Alcohol and Other Drug Abuse Disorders, and Dual Diagnoses. [Repealed]

History. Enact. Acts 2000, ch. 507, § 2, effective April 21, 2000; 2003, ch. 5, § 1, effective June 24, 2003; 2005, ch. 99, § 54, effective June 20, 2005; 2006, ch. 211, § 124, effective July 12, 2006; 2007, ch. 24, § 19, effective June 26, 2007; 2007, ch. 85, § 244, effective June 26, 2007; 2012, ch. 146, § 89, effective July 12, 2012; 2012, ch. 158, § 38, effective July 12, 2012; 2017 ch. 167, § 15, effective June 29, 2017; repealed by 2019 ch. 128, § 31, effective June 27, 2019.

210.504. Commission meetings — Duties — Development of comprehensive state plan. [Repealed]

History. Enact. Acts 2000, ch. 507, § 3, effective April 21, 2000; 2003, ch. 5, § 2, effective June 24, 2003; 2012, ch. 146, § 90, effective July 12, 2012; 2012, ch. 158, § 39, effective July 12, 2012; 2018 ch. 171, § 13, effective April 14, 2018; 2018 ch. 207, § 13, effective April 27, 2018; repealed by 2019 ch. 128, § 31, effective June 27, 2019.

210.506. Regional planning councils — Groups to be invited to join council.

  1. The regional community boards for mental health or individuals with an intellectual disability established under KRS 210.370 shall institute regional planning councils for the purpose of conducting assessment and strategic planning. The councils shall be attached to the community boards for mental health or individuals with an intellectual disability for administrative purposes.
  2. A member of the regional community board for mental health or individuals with an intellectual disability shall serve as chair of the regional planning council.
  3. The board shall issue invitations to join the council to no less than two (2) representatives of each of the following groups:
    1. Family members of individuals with mental illness, substance use disorder, and dual diagnoses;
    2. Consumers of mental health and substance use disorder services;
    3. County officials and business leaders;
    4. Health departments and primary care physicians;
    5. Advocates and community organizations;
    6. Educators and school personnel;
    7. Regional interagency councils established under KRS Chapter 200;
    8. Law enforcement and court personnel;
    9. Public and private organizations, agencies, or facilities that provide services for mental health and substance use disorder in the region that represent inpatient services, outpatient services, residential services, and community-based supportive housing programs;
    10. Individuals who provide mental health and substance use disorder services in the region; and
    11. Public and private hospitals that provide mental health and substance use disorder services.
  4. The regional planning councils may establish bylaws and procedures to assist in the operation of the councils.

History. Enact. Acts 2000, ch. 507, § 4, effective April 21, 2000; 2003, ch. 5, § 3, effective June 24, 2003; 2012, ch. 146, § 91, effective July 12, 2012; 2019 ch. 128, § 6, effective June 27, 2019.

210.509. Meeting and duties of regional planning councils.

  1. The regional planning councils shall meet as often as necessary to accomplish their purpose.
  2. The regional planning councils shall:
    1. Assess in the region the needs of individuals with mental illness, substance use disorders, and dual diagnoses;
      1. Study the regional mental health and substance use disorder treatment delivery system and identify specific barriers in each region to accessing services; (b) 1. Study the regional mental health and substance use disorder treatment delivery system and identify specific barriers in each region to accessing services;
      2. Assess the capacity of and gaps in the existing system, including the adequacy of a safety net system and the adequacy and availability of the mental health and substance use disorder professional workforce in each region; and
      3. Assess the coordination and collaboration of efforts between public and private facilities and entities;
    2. Develop a regional strategy to increase access to community-based services and supports for individuals with mental illness, substance use disorders, and dual diagnoses. The strategies may include:
      1. Exploration of the use of community-based treatment programs, including but not limited to community-based hospitalization;
      2. Access to and funding for the most effective medications;
      3. Promotion of family and consumer support groups statewide;
      4. Reduction of instances of criminalization of individuals with mental illness, substance use disorders, and dual diagnoses; and
      5. Efforts to increase housing options for persons at risk of institutionalization;
    3. Identify funding;
    4. Evaluate the access of children and youth to mental health and substance use disorder services and preventive programs within the region, including but not limited to those provided by schools, family resource and youth services centers, public and private mental health and substance use disorder providers and facilities, physical health care providers and facilities, the faith community, and community agencies;
    5. Collect and evaluate data regarding individuals with mental illness, substance use disorders, and dual diagnoses who experience repeated hospital admissions, involvement with law enforcement, courts, and the judicial system, and repeated referrals from hospitals to community-based services; and
    6. Make recommendations on each subsection of this section in the regional annual plans required by KRS 210.400 .

History. Enact. Acts 2000, ch. 507, § 5, effective April 21, 2000; 2003, ch. 5, § 4, effective June 24, 2003; 2019 ch. 128, § 7, effective June 27, 2019.

Mental Health Interstate Compact

210.520. Enactment of compact.

The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joining therein as follows:

The contracting states solemnly agree that:

History. Enact. Acts 1958, ch. 163, § 1.

ARTICLE I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

ARTICLE II

As used in this compact:

  1. “Sending state” shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent;
  2. “Receiving state” shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent;
  3. “Institution” shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency;
  4. “Patient” shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact;
  5. “After-care” shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release;
  6. “Mental illness” shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community;
  7. “Mental deficiency” shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein;
  8. “State” shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

ARTICLE III

  1. Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.
  2. The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient’s full record with due regard for the location of the patient’s family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.
  3. No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.
  4. In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.
  5. Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.

ARTICLE IV

  1. Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient’s intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
  2. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.
  3. In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.

ARTICLE V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

ARTICLE VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

ARTICLE VII

  1. No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
  2. The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
  3. No provision of this compact shall be construed to alter or affect any internal relationships, among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibility therefor.
  4. Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
  5. Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

ARTICLE VIII

  1. Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient’s guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state, shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
  2. The term “guardian” as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

ARTICLE IX

  1. No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.
  2. To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such person shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

ARTICLE X

  1. Each party state shall appoint a “compact administrator” who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
  2. The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

ARTICLE XI

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

ARTICLE XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

ARTICLE XIII

  1. A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.
  2. Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

ARTICLE XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

NOTES TO DECISIONS

Cited:

Lyons v. Thomas, 378 S.W.2d 798, 1964 Ky. LEXIS 207 ( Ky. 1964 ).

210.530. Compact administrator.

The Governor is authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the Governor, and is authorized, empowered, and directed to cooperate with all cabinets, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder.

History. Enact. Acts 1958, ch. 163, § 2.

210.540. Supplementary agreements.

The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the cabinet or agency under whose jurisdiction said institution or facility is operated or whose cabinet or agency will be charged with the rendering of such service.

History. Enact. Acts 1958, ch. 163, § 3.

210.550. Financial participation.

The compact administrator, subject to the approval of the secretary of the Finance and Administration Cabinet, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder.

History. Enact. Acts 1958, ch. 163, § 4; 1974, ch. 74, Art. II, § 9(2).

Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities

210.570. Legislative findings on review and evaluation of current system of services and supports for persons with an intellectual disability and other developmental disabilities — Construction of KRS 210.570 to 210.577.

The General Assembly of the Commonwealth of Kentucky hereby finds and declares that:

  1. Assistance and support to citizens of the Commonwealth with an intellectual disability and other developmental disabilities are necessary and appropriate roles of state government;
  2. The current system of services and supports to persons with an intellectual disability and other developmental disabilities suffers from a lack of program coordination, funding, controls on quality of care, and review and evaluation;
  3. As part of the review and evaluation, it is necessary to require:
    1. Identification, development, and provision of services and supports for persons with an intellectual disability and other developmental disabilities using available institutional care as appropriate and integrated with community-based services designed to be inclusive, responsive to individual needs, and protective of the individual’s legal rights to equal opportunity;
    2. Review of current funding mechanisms to determine the best method to establish an array of community-based comprehensive services using facility-based outpatient services and supports that are available through public and private sectors, including nonprofit and for-profit service providers, that will allow persons with an intellectual disability and other developmental disabilities the opportunity to participate in community life. The review shall include consideration of the availability of residential alternatives, employment opportunities, and opportunities for participation in community-based social and recreational activities; and
    3. Development of funding strategies to promote appropriate use of community-based services and supports that provide:
      1. Flexibility for persons with an intellectual disability and other developmental disabilities;
      2. Distribution of available funds among all interested service providers, including nonprofit and for-profit service providers, based on the needs of the person with an intellectual disability and other developmental disabilities; and
      3. Efficiency and accountability to the general public;
  4. KRS 210.570 to 210.577 shall be construed to protect and to promote the continuing development and maintenance of the physical, mental, and social skills of persons with an intellectual disability and other developmental disabilities; and
  5. KRS 210.570 to 210.577 shall not be construed:
    1. To alter any requirements or responsibilities that are mandated by any state or federal law;
    2. To relieve any organizational unit or administrative body of its duties under state or federal law; or
    3. To transfer among state organizations or administrative bodies any responsibilities, powers, or duties that are mandated by state or federal law.

History. Enact. Acts 2000, ch. 403, § 1, effective April 14, 2000; 2010, ch. 141, § 21, effective July 15, 2010; 2012, ch. 146, § 92, effective July 12, 2012.

210.575. Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities — Membership — Chair — Compensation. [Effective until July 15, 2020]

  1. There is created the Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities. The commission shall consist of:
    1. The secretary of the Cabinet for Health and Family Services;
    2. The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities;
    3. The commissioner of the Department for Medicaid Services;
    4. The executive director of the Office of Vocational Rehabilitation;
    5. The director of the University Affiliated Program at the Interdisciplinary Human Development Institute of the University of Kentucky;
    6. The director of the Kentucky Council on Developmental Disabilities;
    7. Two (2) members of the House of Representatives, appointed by the Speaker of the House;
    8. Two (2) members of the Senate, appointed by the Senate President; and
    9. Public members, appointed by the Governor as follows:
      1. Five (5) family members, at least one (1) of whom shall be a member of a family with a child with an intellectual disability or other developmental disabilities, and one (1) of whom shall be a member of a family with an adult with an intellectual disability or other developmental disabilities. Of these five (5) family members, at least two (2) shall be members of a family with an individual with an intellectual disability or other developmental disabilities residing in the home of the family member or in a community-based setting, and at least two (2) shall be members of a family with an individual with an intellectual disability or other mental disabilities residing in an institutional residential facility that provides service to individuals with an intellectual disability or other developmental disabilities;
      2. Three (3) persons with an intellectual disability or other developmental disabilities;
      3. Two (2) business leaders;
      4. Three (3) direct service providers representing the Kentucky Association of Regional Programs and the Kentucky Association of Residential Resources; and
      5. One (1) representative of a statewide advocacy group.

        The six (6) appointments made under subparagraphs 1. and 2. of this paragraph shall be chosen to reflect representation from each of Kentucky’s six (6) congressional districts.

  2. The secretary of the Cabinet for Health and Family Services shall serve as chair of the commission.
  3. Members defined in subsection (1)(a) to (h) of this section shall serve during their terms of office. All public members appointed by the Governor shall serve a four (4) year term and may be reappointed for one (1) additional four (4) year term.
  4. All public members of the commission shall receive twenty-five dollars ($25) per day for attending each meeting. All commission members shall be reimbursed for necessary travel and other expenses actually incurred in the discharge of duties of the commission.

History. Enact. Acts 2000, ch. 403, § 2, effective April 14, 2000; 2001, ch. 75, § 1, effective June 21, 2001; 2002, ch. 59, § 3, effective July 15, 2002; 2003, ch. 161, § 1, effective June 24, 2003; 2005, ch. 99, § 55, effective June 20, 2005; 2006, ch. 211, § 125, effective July 12, 2006; 2010, ch. 141, § 22, effective July 15, 2010; 2012, ch. 146, § 93, effective July 12, 2012; 2012, ch. 158, § 40, effective July 12, 2012.

Legislative Research Commission Note.

(7/15/2010). 2010 Ky. Acts ch. 141, sec. 22, changed “Kentucky Commission on Services and Supports for Individuals with Mental Retardation” to “Kentucky Commission on services and Supports for Individuals with Intellectual Disabilities.” It is apparent from an examination of other sections of this Act and from consultation with the drafter that “Individuals with Intellectual Disabilities” should have been “Individuals with an Intellectual Disability,” to conform with changes made to other sections of the Act. The Reviser of Statutes had made this change under the authority of KRS 7.136 .

210.575. Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities — Membership — Chair — Compensation. [Effective July 15, 2020]

  1. There is created the Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities. The commission shall consist of:
    1. The secretary or designee of the Cabinet for Health and Family Services;
    2. The commissioner or designee of the Department for Behavioral Health, Developmental and Intellectual Disabilities;
    3. The commissioner or designee of the Department for Medicaid Services;
    4. The commissioner or designee of the Department of Education;
    5. The executive director of the Office of Vocational Rehabilitation;
    6. The director of the University Affiliated Program at the Interdisciplinary Human Development Institute of the University of Kentucky;
    7. The director of the Kentucky Council on Developmental Disabilities;
    8. Two (2) members of the House of Representatives, appointed by the Speaker of the House;
    9. Two (2) members of the Senate, appointed by the Senate President; and
    10. Public members, appointed by the Governor as follows:
      1. One (1) member representing families of a child with an intellectual or other developmental disability residing in the home of the family member;
      2. One (1) member representing families of an adult with an intellectual or other developmental disability residing in the home of the family member;
      3. One (1) member representing families of an adult with an intellectual or other developmental disability residing in a community-based setting;
      4. One (1) member representing families of an individual with an intellectual or other developmental disability residing in an institutional residential facility that provides services to individuals with intellectual disabilities;
      5. Three (3) persons with intellectual or other developmental disabilities;
      6. Two (2) business leaders;
      7. Two (2) providers of intellectual or other developmental disability services;
      8. One (1) provider of intellectual or other developmental disability services that is a regional community program for mental health or individuals with an intellectual disability established pursuant to KRS 210.370 ; and
      9. One (1) representative of a statewide advocacy organization providing education and outreach on topics associated with intellectual and other developmental disabilities. The thirteen (13) appointments made under this paragraph shall be chosen to reflect representation from each of Kentucky’s six (6) congressional districts.
  2. The secretary of the Cabinet for Health and Family Services may serve as chair of the commission or the secretary may appoint his or her designee, the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, or the commissioner’s designee to serve as chair.
  3. Members defined in subsection (1)(a) to (i) of this section shall serve during their terms of office. All public members appointed by the Governor shall serve a four (4) year term and may be reappointed for one (1) additional four (4) year term.
  4. The members appointed by the Governor shall serve until their successors are appointed and qualified.
  5. Members appointed by the Governor to fulfill a vacated position shall serve the remainder of that position’s term and may be reappointed for a four (4) year term.
  6. Members described in subsection (1)(h) and (i) of this section who fail to attend fifty percent (50%) of commission meetings in a fiscal year may be recommended to the Speaker of the House or the Senate President for replacement with new members.
  7. Members appointed under subsection (1)(j) of this section shall provide advance notice, on a meeting-by-meeting basis, to the person designated by the commission chair if the member will be sending a representative.
  8. Members appointed under subsection (1)(j) of this section who fail to attend fifty percent (50%) of the commission meetings in a fiscal year may be recommended to the Governor for replacement with a new member.
  9. Members appointed under subsection (1)(j) of this section who send representatives for greater than fifty percent (50%) of the commission meetings in a fiscal year may be recommended to the Governor for replacement with a new member.
  10. All public members of the commission shall receive twenty-five dollars ($25) per day for attending each regularly scheduled meeting or any special meeting called by the chair. All commission members shall be reimbursed for necessary travel and other expenses actually incurred in the discharge of duties of the commission.

HISTORY: Enact. Acts 2000, ch. 403, § 2, effective April 14, 2000; 2001, ch. 75, § 1, effective June 21, 2001; 2002, ch. 59, § 3, effective July 15, 2002; 2003, ch. 161, § 1, effective June 24, 2003; 2005, ch. 99, § 55, effective June 20, 2005; 2006, ch. 211, § 125, effective July 12, 2006; 2010, ch. 141, § 22, effective July 15, 2010; 2012, ch. 146, § 93, effective July 12, 2012; 2012, ch. 158, § 40, effective July 12, 2012; 2020 ch. 36, § 17, effective July 15, 2020.

210.577. Commission’s meetings, purposes, and goals. [Effective until July 15, 2020]

  1. The commission created in KRS 210.575 shall meet at least quarterly or upon the call of the chair, the request of four (4) or more members, or the request of the Governor.
  2. The commission shall serve in an advisory capacity to accomplish the following:
    1. Advise the Governor and the General Assembly concerning the needs of persons with an intellectual disability and other developmental disabilities;
    2. Develop a statewide strategy to increase access to community-based services and supports for persons with an intellectual disability and other developmental disabilities. The strategy shall include:
      1. Identification of funding needs and related fiscal impact; and
      2. Criteria that establish priority for services that consider timeliness and service needs;
    3. Assess the need and potential utilization of specialized outpatient clinics for medical, dental, and special therapeutic services for persons with an intellectual disability and other developmental disabilities;
    4. Evaluate the effectiveness of state agencies and public and private service providers, including nonprofit and for-profit service providers, in:
      1. Dissemination of information and education;
      2. Providing outcome-oriented services; and
      3. Efficiently utilizing available resources, including blended funding streams;
    5. Develop a recommended comprehensive ten (10) year plan for placement of qualified persons in the most integrated setting appropriate to their needs;
    6. Recommend an effective quality assurance and consumer satisfaction monitoring program that includes recommendations as to the appropriate role of family members, persons with an intellectual disability and other developmental disabilities, and advocates in quality assurance efforts;
    7. Develop recommendations for the implementation of a self-determination model of funding services and supports as established under KRS 205.6317(1) for persons who are receiving services or supports under the Supports for Community Living Program as of June 24, 2003. The model shall include, but is not limited to, the following:
      1. The ability to establish an individual rate or budget for each person;
      2. Mechanisms to ensure that each participant has the support and assistance necessary to design and implement a package of services and supports unique to the individual;
      3. The ability to arrange services, supports, and resources unique to each person based upon the preferences of the recipient; and
      4. The design of a system of accountability for the use of public funds.

        The chairperson of the commission shall appoint an ad-hoc committee composed of commission members and other interested parties to develop the recommendations required by this paragraph; and

    8. Advise the Governor and the General Assembly on whether the recommendations should be implemented by administrative regulations or proposed legislation.
  3. The commission shall review the plan annually and shall submit annual updates no later than October 1 to the Governor and the Legislative Research Commission.

History. Enact. Acts 2000, ch. 403, § 3, effective April 14, 2000; 2003, ch. 108, § 2, effective June 24, 2003; 2003, ch. 161, § 2, effective June 24, 2003; 2010, ch. 141, § 23, effective July 15, 2010.

210.577. Commission’s meetings, purposes, and goals — Report. [Effective July 15, 2020]

  1. The commission created in KRS 210.575 shall meet at least quarterly or upon the call of the chair, the request of four (4) or more members, or the request of the Governor.
  2. The commission shall serve in an advisory capacity to accomplish the following:
    1. Advise the Governor and the General Assembly concerning the needs of persons with intellectual or other developmental disabilities;
    2. Develop a statewide strategy to increase the quality and availability of community-based services and supports for persons with intellectual or other developmental disabilities; and
    3. Reviewquality assurance and consumer satisfaction data annually and submit recommendations that address areas of need to the Cabinet for Health and Family Services..
  3. The commission shall submit an annual report describing its work over the previous year, including recommendations submitted pursuant to subsection (2)(c) of this section, no later than December 1 to the Governor and the Legislative Research Commission.

HISTORY: Enact. Acts 2000, ch. 403, § 3, effective April 14, 2000; 2003, ch. 108, § 2, effective June 24, 2003; 2003, ch. 161, § 2, effective June 24, 2003; 2010, ch. 141, § 23, effective July 15, 2010; 2020 ch. 36, § 18, effective July 15, 2020.

210.580. Joint ad hoc committee on transitioning from children’s services systems to adult services systems — Membership — Duties — Report. [Repealed]

History. Enact. Acts 2004, ch. 119, § 2, effective July 13, 2004; 2010, ch. 141, § 24, effective July 15, 2010; repealed by 2019 ch. 128, § 31, effective June 27, 2019.

DATE Centers

210.610. Definitions for KRS 210.620 to 210.680. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 1; 1974, ch. 74, Art. VI, § 107(1), (9)) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.620. Issuance of permits for operation of DATE centers — Evaluation — Fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 2; 1974, ch. 74, Art. VI, § 107(1), (9); 1982, ch. 247, § 6) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.630. Permit required for operation of DATE center. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 3; 1974, ch. 74, Art. VI, § 107(1), (9)) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.640. DATE center permit — Denial or revocation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 4; 1980, ch. 114, § 40) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.650. Revocation of permit — Reinstatement. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 5) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.660. Inspection. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 6) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.670. Confidential information. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 7; 1990, ch. 88, § 90) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

210.680. State or federal agencies issued permit automatically. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 161, § 8) was repealed by Acts 1994, ch. 334, § 19. For present law see KRS Chapter 222.

Patient Liability Act of 1978

210.700. Short title.

KRS 210.710 to 210.760 may be cited as the “Patient Liability Act of 1978.”

History. Enact. Acts 1978, ch. 278, § 1, effective June 17, 1978.

210.710. Definitions for KRS 210.710 to 210.760.

  1. “Cabinet” means the Cabinet for Health and Family Services.
  2. “Facility” means a hospital or other institution operated or utilized by the cabinet for the mentally ill, individuals with an intellectual disability, or respiratory disease patients.
  3. “Homestead” means a place where a family makes its home including the land, house and furnishings, outbuildings, vehicles, and tools of the trade formerly occupied by the patient which is exempted by KRS 210.710 to 210.760 from liability to meet patient charges for services rendered in a facility.
  4. “Means test” means a uniform method adopted by the secretary for determining the ability to pay of the patient or person responsible for the patient for board, maintenance and treatment at a facility operated or utilized by the cabinet.
  5. “Person responsible for the patient” includes parents, spouses, guardians, and committees within the scope of their fiduciary duties.
  6. “Secretary” means the secretary of the Cabinet for Health and Family Services.

History. Enact. Acts 1978, ch. 278, § 2, effective June 17, 1978; 1998, ch. 426, § 281, effective July 15, 1998; 2005, ch. 99, § 337, effective June 20, 2005; 2012, ch. 146, § 94, effective July 12, 2012.

210.720. Charge for board of patients — Method of establishing.

  1. Every patient admitted to a facility operated or utilized by the cabinet, except prisoners transferred pursuant to KRS 202A.201 , shall be charged for their board, maintenance and treatment pursuant to this section and the cabinet may sue in the Franklin Circuit Court or Franklin District Court to recover from the patient or person responsible for the patient for liability as established by this section.
  2. The secretary shall fix the patient cost per day for board, maintenance and treatment for each facility operated by the cabinet at frequent intervals which shall be the uniform charge for all persons receiving such services.
  3. The liability of any patient, or person responsible for the patient, for payment of the charge for board, maintenance and treatment shall be based upon ability to pay by ascertaining the entire financial resources available to the patient, or to the person responsible for the patient, and shall include, but shall not be limited to: insurance, all third party coverage including Medicare and Medicaid and other governmental programs, cash, stocks, bonds, and all other property owned by the patient or controlled by the person responsible for the patient. The secretary shall establish a reasonable means test for determining payment liability of patients and persons responsible for patients. In no event shall liability be in excess of the cost per patient per day established by the secretary.
  4. Nothing in KRS 210.710 to 210.760 shall be construed to limit any liability of insurance companies or other third party payors including Medicare and Medicaid and other governmental programs.

History. Enact. Acts 1978, ch. 278, § 3, effective June 17, 1978; 1982, ch. 247, § 7, effective July 15, 1982; 1982, ch. 445, § 41, effective July 1, 1982.

Legislative Research Commission Note.

This section was amended by two 1982 Acts which do not appear to be in conflict and have been compiled together.

This section was amended in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982.” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

NOTES TO DECISIONS

1. In General.

Statute providing that should lunatic acquire estate which could be subjected to debt, he should pay board, referred to estate in excess of that necessary for support of other dependents. Central Kentucky Asylum for Insane v. Drane, 113 Ky. 281 , 68 S.W. 149, 24 Ky. L. Rptr. 176 , 1902 Ky. LEXIS 56 ( Ky. 1902 ); Schroer v. Central Kentucky Asylum for Insane, 113 Ky. 288 , 68 S.W. 150, 24 Ky. L. Rptr. 150 , 1902 Ky. LEXIS 57 ( Ky. 1902 ) (decided under prior law).

2. Persons Liable.
3. — Spouse.

In the case of an incompetent wife and her husband, the estate of either is primarily and equally liable for institutional board and maintenance provided such estate is sufficient for this burden after meeting other dependency obligations. Central Hospital of Kentucky v. Powell, 301 Ky. 808 , 193 S.W.2d 456, 1946 Ky. LEXIS 587 ( Ky. 1946 ) (decided under prior law).

4. — State for Convict.

Where a convict sentenced to the penitentiary was found to be insane and was transferred to a state mental hospital pursuant to former KRS 202.380 (now repealed), the duty to supply him with board and maintenance remained the obligation of the state, and his estate could not be held liable for board and maintenance. Department of Welfare v. Brock, 306 Ky. 243 , 206 S.W.2d 915, 1947 Ky. LEXIS 983 ( Ky. 1947 ) (decided under prior law).

5. Property Liable.
6. — Lien.

Where father, in consideration of past and future support, conveyed land to son and retained lien to secure his future support, asylum was not entitled to be subrogated to lien of father to extent of its claim for support of father. Eastern State Hospital v. Goodman, 155 Ky. 628 , 160 S.W. 171, 1913 Ky. LEXIS 313 ( Ky. 1913 ) (decided under prior law).

7. — Life Estate.

Where will vested widow with life estate and power to sell property for her support and devised remainder to testator’s children, state institution to which widow was committed was not entitled to subject property remaining on widow’s death to payment for board. Whalin v. Whalin's Adm'r, 266 Ky. 209 , 98 S.W.2d 501, 1936 Ky. LEXIS 636 ( Ky. 1936 ) (decided under prior law).

8. — Pension.

Pension money is liable for patient’s board. Western Kentucky Asylum v. White, 104 Ky. 751 , 47 S.W. 864, 20 Ky. L. Rptr. 904 , 1898 Ky. LEXIS 213 ( Ky. 1898 ) (decided under prior law).

9. — Trusts.

Trust estates are liable for support of beneficiary in state institution if trustee does not have power to withhold all payments or beneficial use from beneficiary. Department of Public Welfare v. Meek, 264 Ky. 771 , 95 S.W.2d 599, 1936 Ky. LEXIS 401 ( Ky. 1936 ) (decided under prior law).

10. — Veterans’ Act Proceeds.

Money, and property purchased with money, received from the United States under world war veterans’ act was held subject to claim of state for board and maintenance of disabled veteran while he was an inmate of the state hospital. Department of Public Welfare use of Central State Hospital v. Allen, 255 Ky. 301 , 74 S.W.2d 329, 1934 Ky. LEXIS 240 ( Ky. 1934 ) (decided under prior law).

11. Rate Charged.

Legislature could not fix one rate for pay patients and a higher rate for patients admitted as paupers but who subsequently became able to pay. Schroer v. Central Kentucky Asylum for Insane, 113 Ky. 288 , 68 S.W. 150, 24 Ky. L. Rptr. 150 , 1902 Ky. LEXIS 57 ( Ky. 1902 ) (decided under prior law).

When patient enters one of the state institutions, he enters subject to state’s right to abolish the institution or to change the charge of his maintenance. Central State Hospital v. O'Donnell's Adm'r, 199 Ky. 708 , 251 S.W. 961, 1923 Ky. LEXIS 914 ( Ky. 1923 ) (decided under prior law).

State board’s action in fixing rate for support of persons in hospital is conclusive in absence of allegation and proof that it acted corruptly, arbitrarily or by mistake. Central State Hospital v. O'Donnell's Adm'r, 199 Ky. 708 , 251 S.W. 961, 1923 Ky. LEXIS 914 ( Ky. 1923 ) (decided under prior law).

State board was authorized to fix rate to be charged for support of insane persons in state hospital. Central State Hospital v. O'Donnell's Adm'r, 199 Ky. 708 , 251 S.W. 961, 1923 Ky. LEXIS 914 ( Ky. 1923 ) (decided under prior law).

12. Cause of Action.

Action against committee to recover patient’s board out of estate should be in rem and not at law. Central Kentucky Asylum v. Penick, 102 Ky. 533 , 44 S.W. 92, 19 Ky. L. Rptr. 1583 , 1898 Ky. LEXIS 6 ( Ky. 1898 ) (decided under prior law).

Cause of action accrues when patient acquired any estate which could be subjected, and was barred five years from that time, though particular estate sought to be subjected was acquired within five years. Schroer v. Central Kentucky Asylum for Insane, 113 Ky. 288 , 68 S.W. 150, 24 Ky. L. Rptr. 150 , 1902 Ky. LEXIS 57 ( Ky. 1902 ) (decided under prior law).

Cause of action against husband for board of his insane wife accrued when husband had estate sufficient for her support in addition to support of his other dependents. His only defense was want of sufficient property or bar of statute of limitations, which was five years after cause of action accrued. Central State Hospital v. Foley, 171 Ky. 616 , 188 S.W. 752, 1916 Ky. LEXIS 406 ( Ky. 1916 ) (decided under prior law).

13. Void Judgment.

Liability for necessaries was furnished where judgment committing patient to institution was void. Norman v. Central Kentucky Asylum, 79 S.W. 189, 25 Ky. L. Rptr. 1846 (1904) (decided under prior law).

Where inmate was regularly committed to asylum, no deduction could be made from his board for his labor at the asylum; but where judgment committing inmate to institution was void and recovery for board was based on quantum meruit, his labor at the asylum could be considered in determining what should be paid for keeping him. Porter v. Eastern Kentucky Asylum, 121 Ky. 816 , 90 S.W. 263, 28 Ky. L. Rptr. 796 , 1906 Ky. LEXIS 256 ( Ky. 1906 ) (decided under prior law).

In the absence of valid judgment in committing patient to asylum, the hospital could only rely on the quantum meruit to recover the cost of his board. Central State Hospital v. Foley, 171 Ky. 616 , 188 S.W. 752, 1916 Ky. LEXIS 406 ( Ky. 1916 ) (decided under prior law).

Research References and Practice Aids

Treatises

Petrilli, Kentucky Family Law, Support of the Family, § 16.5.

210.730. Exemption from liability.

The following shall be exempt from liability for patient’s board, maintenance and treatment charges:

  1. Any parents’ liability for charges for board, maintenance and treatment at facilities operated or utilized by the cabinet that exceed the cost of caring for a normal child at home as determined from standard sources by the cabinet;
  2. Any parents’ liability after the patient has attained the age of eighteen (18);
  3. A homestead.

History. Enact. Acts 1978, ch. 278, § 4, effective June 17, 1978; 1982, ch. 247, § 8, effective July 15, 1982.

NOTES TO DECISIONS

1. Homestead.

Upon death of patient, his homestead cannot be subjected to asylum’s claim for board because such claim is not a debt. Holburn v. Pfanmiller's Adm'r, 114 Ky. 831 , 71 S.W. 940, 24 Ky. L. Rptr. 1613 , 1903 Ky. LEXIS 47 ( Ky. 1903 ); Eastern State Hospital v. Cottle, 201 Ky. 377 , 256 S.W. 1101, 256 S.W. 1102, 1923 Ky. LEXIS 299 ( Ky. 1923 ) (decided under prior law).

210.740. Payment of charges by inter vivos trust where inheritance in excess of exemptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1978, ch. 278, § 5, effective June 17, 1978) was repealed by Acts 1982, ch. 247, § 21, effective July 15, 1982.

210.750. Rules and regulations.

The secretary may adopt rules and regulations for carrying out the provisions of KRS 210.710 to 210.760 and for participation in federal programs.

History. Enact. Acts 1978, ch. 278, § 6, effective June 17, 1978.

210.760. Federal programs.

Nothing in KRS 210.710 to 210.760 shall be construed to preclude participation in federal programs.

History. Enact. Acts 1978, ch. 278, § 7, effective June 17, 1978.

Supported Living Services

210.770. Definitions for KRS 210.770 to 210.795.

As used in KRS 210.770 to 210.795 , unless the context otherwise requires:

  1. “Mental impairment” includes an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
  2. “Person with a disability” means someone with a physical or mental impairment and includes individuals who have a record or history of an impairment, or are regarded as having a physical or mental impairment that substantially limits one (1) or more major life activities;
  3. “Physical impairment” means any physiological disorder or corrective, cosmetic disfigurement, or an anatomical loss affecting one (1) or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine;
  4. “Substantial limitation of a major life activity” includes limiting such things as walking, talking, seeing, hearing, caring for oneself, or working;
  5. “Hart-Supported Living Program” means grants which provide a broad category of highly flexible, individualized services which, when combined with natural unpaid or other eligible paid supports, provide the necessary assistance to do the following:
    1. Provide the support necessary to enable a person who is disabled to live in a home of the person’s choice which is typical of those living arrangements in which persons without disabilities reside;
    2. Encourage the individual’s integrated participation in the community with persons who are members of the general citizenry;
    3. Promote the individual’s rights and autonomy;
    4. Enhance the individual’s skills and competences in living in the community; and
    5. Enable the individual’s acceptance in the community by promoting home ownership or leasing arrangements in the name of the individual or the individual’s family or guardian;
  6. “Hart-Supported Living Program” does not include any services that support the following arrangements:
    1. Segregated living models such as any housing situation which physically or socially isolates people with disabilities from general citizens of the community;
    2. Segregated programs or activities which physically or socially isolate people with disabilities from general citizens of the community;
    3. Congregate living models such as any housing situation which groups individuals with disabilities as an enclave within an integrated setting;
    4. Any model where the individual, as an adult, does not have maximum control of the home environment commensurate with the individual’s disabilities; and
    5. Any single living unit where more than three (3) people with disabilities live;
  7. “Hart-Supported Living Council” means a supported living council appointed by the Governor and recognized by the secretary; and
  8. “Hart-supported living services” include but are not limited to:
    1. Hart-supported living community resource developers;
    2. Homemaker services;
    3. Personal care services;
    4. In-home training and home management assistance;
    5. Start-up grants;
    6. Transportation;
    7. Home modifications;
    8. Adaptive and therapeutic equipment; and
    9. Facilitation by an independent and trained facilitator to develop and implement individualized life planning.

HISTORY: Enact. Acts 1992, ch. 261, § 1, effective July 14, 1992; 2006, ch. 81, § 1, effective July 12, 2006; 2012, ch. 146, § 95, effective July 12, 2012; 2012, ch. 158, § 41, effective July 12, 2012; 2015 ch. 117, § 1, effective June 24, 2015.

Legislative Research Commission Note.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250 .

210.775. Hart-Supported Living Council.

  1. There is hereby created the Hart-Supported Living Council for services to persons with a disability and their families.
    1. The Hart-Supported Living Council shall be composed of eleven (11) members. The secretary and the executive director of the Kentucky Housing Corporation or their designees shall be ex officio members. (2) (a) The Hart-Supported Living Council shall be composed of eleven (11) members. The secretary and the executive director of the Kentucky Housing Corporation or their designees shall be ex officio members.
    2. Nine (9) of the members shall be volunteers and shall be appointed by the Governor from a list of nominees in the following manner:
      1. Three (3) of the appointed members shall represent family members of persons with a disability;
      2. Two (2) of the appointed members shall be persons with a disability;
      3. One (1) of the appointed members shall represent professionals and providers of services to persons with a disability;
      4. One (1) of the appointed members shall represent advocates for persons with a disability; and
      5. Two (2) of the appointed members shall represent the community at large.
  2. The appointed members may serve on the council for three (3) years from the date of appointment. Members may be reappointed for one (1) additional consecutive three (3) year term. The Governor shall fill any vacancy occurring in the council in the manner prescribed in subsection (2) of this section.
  3. The cabinet shall provide staff assistance to the Hart-Supported Living Council.
  4. The chairman of the Hart-Supported Living Council shall be elected from among the members. A majority of the members shall constitute a quorum.
  5. The Hart-Supported Living Council shall meet as often as necessary but no less frequently than every other month.

HISTORY: Enact. Acts 1992, ch. 261, § 2, effective July 14, 1992; 1994, ch. 405, § 71, effective July 15, 1994; 2000, ch. 20, § 2, effective July 14, 2000; 2002, ch. 59, § 4, effective July 15, 2002; 2006, ch. 81, § 2, effective July 12, 2006; 2012, ch. 146, § 96, effective July 12, 2012; 2012, ch. 158, § 42, effective July 12, 2012; 2015 ch. 117, § 2, effective June 24, 2015.

Legislative Research Commission Note.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250 .

210.780. Duties of Hart-Supported Living Council.

  1. The Hart-Supported Living Council shall be responsible for making recommendations to the cabinet for:
    1. A budget and priorities for fund allocations for supported living services for persons with disabilities within the Commonwealth;
    2. Standards for quality assurance for persons with a disability who receive supported living services in accordance with KRS 210.770 to 210.795 ; and
    3. The procedure for annual review and approval of and funding recommendations for individual plans for Hart-Supported Living Program grants submitted by any person with a disability, and for the amendment of individual plans during a fiscal year.
  2. The Hart-Supported Living Council shall be responsible for:
    1. Disseminating information about Hart-Supported Living Program grants available under KRS 210.770 to 210.795 ;
    2. Hearing grievances and providing due process for consumers and providers of supported living services;
    3. Monitoring the overall effectiveness and quality of the program; and
    4. Developing recommendations for improvements.
  3. The Hart-Supported Living Council may recommend necessary administrative regulations under KRS Chapter 13A to carry out the purposes of KRS 210.770 to 210.795 .

HISTORY: Enact. Acts 1992, ch. 261, § 3, effective July 14, 1992; 2006, ch. 81, § 3, effective July 12, 2006; 2012, ch. 146, § 97, effective July 12, 2012; 2012, ch. 158, § 53, effective July 12, 2012; 2015 ch. 117, § 3, effective June 24, 2015.

Legislative Research Commission Note.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250 .

210.785. Regional supported living councils — Duties. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 261, § 4, effective July 14, 1992) was repealed by Acts 2006, ch. 81, § 6, effective July 12, 2006.

210.790. Eligibility for services — Design — Payment.

  1. Only a person with a disability who is a resident of Kentucky or whose family or guardian is a resident of Kentucky is eligible to apply for a Hart-Supported Living Program grant. The person may be living with a family member, independently, or be in a congregate setting and be eligible to apply for a grant. If funded, the applicant must maintain Kentucky residency as a condition of receiving grant funds or for the duration of the grant.
  2. Any eligible person with a disability who wants to apply for a Hart-Supported Living Program grant may design and request a set of services in the amount, kind, frequency, and duration which is dependent upon the person’s individual needs, and is consistent with the definition of a Hart-Supported Living Program grant under KRS 210.770 .
  3. Payments for Hart-Supported Living Program grants may be made directly to the person with a disability to enable the person to purchase a service, to the guardian of the person with a disability, to a fiscal representative, to a service provider agency, or to any combination of these parties.
  4. A license shall not be required for any supported living housing arrangement provided on a contractual basis.

History. Enact. Acts 1992, ch. 261, § 5, effective July 14, 1992; 2006, ch. 81, § 4, effective July 12, 2006.

210.795. Standards for Hart-Supported Living Council living arrangements — Administrative regulations.

  1. The cabinet, in cooperation with the Hart-Supported Living Council, shall establish standards for the administration of the Hart-Supported Living Program. The purpose of these standards is to ensure that a person with a disability receives supported living services in a manner that empowers the person to exercise choice and enhances the quality of that person’s life. These standards shall promote the following:
    1. Choice over how, when, and by whom supports are provided and over where and with whom a person with a disability lives;
    2. Responsibility of the person with a disability and his or her representative for managing grants and the provision of supports under the grant;
    3. Freedom to live a meaningful life and to participate in activities in the community with members of the general citizenry;
    4. Enhancement of health and safety;
    5. Flexibility of services that change as the person’s needs change without the individual having to move elsewhere for services;
    6. Use of generic options and natural supports;
    7. Well-planned and proactive opportunities to determine the kinds and amounts of support desired, with the meaningful participation of the individual, the individual’s family or guardian where appropriate, friends, and professionals; and
    8. Home ownership or leasing with the home belonging to the person with a disability, that person’s family, or to a landlord to whom rent is paid.
  2. The individual supported living plan shall be developed by the person with a disability and that person’s family or guardian where appropriate, and, as appropriate, the proposed or current provider.
  3. The cabinet, in concert with the Hart-Supported Living Council, shall promulgate administrative regulations under KRS Chapter 13A, if necessary, to establish the methods of awarding Hart-Supported Living Program grants for individual supported living plans and monitoring the quality of service delivery, and to provide for administrative appeal of decisions. Administrative hearings conducted on appeals shall be conducted in accordance with KRS Chapter 13B.

HISTORY: Enact. Acts 1992, ch. 261, § 6, effective July 14, 1992; 1996, ch. 318, § 102, effective July 15, 1996; 2006, ch. 81, § 5, effective July 12, 2006; 2012, ch. 146, § 98, effective July 12, 2012; 2012, ch. 158, § 44, effective July 12, 2012; 2015 ch. 117, § 4, effective June 24, 2015.

Legislative Research Commission Note.

(7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250 .

Penalties

210.990. Penalties.

  1. Any officer who violates KRS 210.110 shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) and his office or appointment shall without further action be vacant.
  2. Any person who willfully violates KRS 210.130 or 210.220 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100).

History. Enact. Acts 1952, ch. 50, § 25; 1968, ch. 90, § 60; 1972, ch. 161, § 9; 1984, ch. 31, § 2, effective July 13, 1984; 1994, ch. 334, § 16, effective July 15, 1994.

210.991. Penalties.

Any person who willfully causes or conspires with or assists another in causing:

  1. The unwarranted hospitalization of any individual under the provisions of KRS Chapter 210; or
  2. The denial to any individual of any of the rights accorded to him under the provisions of KRS Chapter 210

shall be punished by a fine not exceeding five thousand dollars ($5,000) or imprisoned for a term not to exceed five (5) years or both.

History. Enact. Acts 1968, ch. 90, § 61; 1976, ch. 225, § 1; 1976, ch. 332, § 27.

Legislative Research Commission Note.

(1976). The amendment of this section by 1976 Ky. Acts ch. 332, § 27, was included as a part of 1976 Ky. Acts ch. 225, § 1, as enacted.

NOTES TO DECISIONS

1. Application.

Where defendant was indicted for violation of KRS 202.267 (repealed) and 202.269 (repealed) and there was nothing in KRS Chapter 202 (repealed) to indicate that these sections were penal statutes or that a provision in KRS Chapter 210 related to these sections, the indictment may be dismissed because the penalty provisions of these sections is so vague, indefinite and uncertain as to be unconstitutional insofar as having criminal application. Commonwealth v. Jones, 514 S.W.2d 690, 1974 Ky. LEXIS 330 ( Ky. 1974 ).

210.995. Penalty for taking patient from state hospital.

  1. Any person who takes a lawfully involuntarily hospitalized patient or resident from any state hospital without the consent of authorized staff physician, or who entices, assists or encourages any such patient or resident to escape, shall be fined not more than five hundred dollars ($500). The District Court of the county in which the escape was effected shall have jurisdiction.
  2. Any person who entices, assists, or encourages any patient or resident in a state hospital to leave the hospital for any unlawful purposes shall be imprisoned for not more than six (6) months or fined not more than five hundred dollars ($500) or both. The District Court of the county in which the escape was effected shall have jurisdiction.

History. 216aa-107a: amend. Acts 1968, ch. 90, § 62; 1976 (Ex. Sess.), ch. 14, § 203, effective January 2, 1978.

Compiler’s Notes.

This section was formerly compiled as KRS 432.490 .

Research References and Practice Aids

Kentucky Law Journal.

Lawson, Criminal Law Revision in Kentucky: Part II — Inchoate Crimes, 58 Ky. L.J. 695 (1970).

CHAPTER 211 State Health Programs

Cabinet for Health and Family Services

211.005. Declaration of legislative policy concerning public health laws.

The General Assembly of the Commonwealth of Kentucky recognizes and hereby declares that it is an essential function, duty and responsibility of the government of this Commonwealth to adequately safeguard the health of all its citizens, and to establish, maintain, implement, promote and conduct appropriate facilities and services for the purpose of protecting the public health. This chapter is enacted with the expressed legislative intention of effectuating the aforesaid objectives in the manner provided herein.

History. Enact. Acts 1954, ch. 157, § 1.

NOTES TO DECISIONS

1. Police Power.

Among the police powers of government, the power to promote and safeguard the public health ranks at the top and, if the right of an individual runs afoul of the exercise of this power, the right of the individual must yield. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

2. Dental Hygiene.

The relation of dental hygiene to the health of the body generally is now so well recognized as to warrant judicial notice. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

Research References and Practice Aids

Cross-References.

Alcoholism and drug abuse prevention and treatment, KRS Chapter 222.

Diseases, KRS Chapter 214.

Environmental protection, KRS Chapter 224.

Foods, drugs and poisons, KRS Chapters 217, 217B, 218A.

Frozen food locker plants, KRS Chapter 221.

Hospitals and clinics, KRS Chapters 215, 216.

Hotels, restaurants and trailer parks, KRS Chapter 219.

Local health units, KRS Chapter 212.

Medical practice, KRS Chapter 311.

Nurses, KRS Chapter 314.

Occupations and professions, KRS Title XXVI.

Pharmacists, KRS Chapter 315.

Physicians, KRS Chapter 311.

Sanitation districts, KRS Chapter 220.

Vital statistics, KRS Chapter 213.

Welfare, KRS Title XVII.

211.010. Department of Health — Functions. [Repealed.]

Compiler’s Notes.

This section (4618-21, 4618-108, 4618-109) was repealed by Acts 1954, ch. 157, § 2.

211.015. Definitions for KRS 211.005 to 211.380.

  1. As used in KRS 211.005 to 211.380 , unless the context requires otherwise:
    1. “Cabinet” means the Cabinet for Health and Family Services;
    2. “Farmstead” means a farm dwelling, together with other farm buildings and structures incident to the operation and maintenance of the farm, situated on ten (10) contiguous acres or more of land outside the corporate limits of a municipality:
      1. Used for the production of livestock, livestock products, poultry, poultry products, dairy, dairy products, or horticulture products or for the growing of crops such as, but not limited to, tobacco, corn, soybeans, and wheat. For purposes of this paragraph, “livestock” means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species; or
      2. Where devoted to and meeting the requirements and qualifications for payments pursuant to agriculture programs under an agreement with the state or federal government;
    3. “Secretary” means the secretary of the Cabinet for Health and Family Services; and
    4. “Private water supply” means a residential water supply located on private property under the control of a person holding a possessory interest in the property, the use of which is limited to family members.
  2. As used in KRS 200.560 and 200.550 , unless the context otherwise requires:
    1. “Department” means Department for Public Health;
    2. “Commissioner” means the commissioner of the Department for Public Health;
    3. “Committee” means the Hemophilia Advisory Committee; and
    4. “Hemophilia” means a bleeding disorder resulting from a genetically determined deficiency factor in the blood, or hereditarily resulting in an abnormal or deficient plasma procoagulant.

HISTORY: Enact. Acts 1954, ch. 157, § 2; 1974, ch. 74, Art. VI, § 62; 1976, ch. 63, § 1; 1986, ch. 108, § 1, effective July 15, 1986; 1990, ch. 482, § 17, effective July 13, 1990; 1992, ch. 216, § 1, effective July 14, 1992; 1998, ch. 426, § 282, effective July 15, 1998; 2005, ch. 99, § 338, effective June 20, 2005; 2017 ch. 129, § 11, effective June 29, 2017.

211.020. Agencies included in the department of health — Branch offices. [Repealed.]

Compiler’s Notes.

This section (2054, 4618-22, 4618-23, 4618-108, 4618-109: amend. Acts 1954, ch. 157, § 3, effective June 17, 1954; 1972, ch. 302, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.025. General powers and duties of cabinet.

Except as otherwise provided by law, the cabinet shall administer all provisions of law relating to public health; shall enforce all public health laws and all regulations of the secretary; shall supervise and assist all local boards of health and departments; shall do all other things reasonably necessary to protect and improve the health of the people; and may cooperate with federal and other health agencies and organizations in matters relating to public health.

History. Enact. Acts 1954, ch. 157, § 4; 1974, ch. 74, Art. VI, § 107(1).

Opinions of Attorney General.

An ordinance adopted by the county fiscal court establishing a compulsory and continual solid waste collection and disposal system is a “public health law” as envisioned by this section and is enforceable by the county health department under KRS 212.240 . OAG 74-594 .

The bureau of health services (now Cabinet for Health and Family Services) must enforce an ordinance of a county fiscal court establishing a compulsory and continual solid waste collection and disposal system or it must supervise and assist the county health department in its enforcement of the ordinance. OAG 74-594 .

Research References and Practice Aids

Cross-References.

Blood test of pregnant women, duties of department of health as to, KRS 214.160 , 214.170 .

Department of mental health, cooperation with department of health, KRS 210.040 .

General powers of statutory departments, KRS Chapter 12.

Sanitation districts and water pollution control, KRS Chapter 220.

211.027. Rules and regulations relating to induced termination of pregnancy.

The Cabinet for Health and Family Services shall promulgate reasonable rules and regulations to effectuate the purposes of KRS 213.101 and 213.106 and KRS 311.710 to 311.810 , which shall be submitted to the Legislative Research Commission in a manner prescribed in KRS Chapter 13A; the Legislative Research Commission shall refer said rules and regulations to the Interim Committee on Health and Welfare for the purpose of approval or disapproval.

History. Enact. Acts 1974, ch. 255, § 15; 1990, ch. 369, § 34, effective July 13, 1990; 1998, ch. 426, § 283, effective July 15, 1998; 2005, ch. 99, § 339, effective June 20, 2005.

Legislative Research Commission Note.

(10/5/90). Pursuant to KRS 7.136(1), KRS Ch. 13A has been substituted for the prior reference to KRS Ch. 13 in this statute. The sections in KRS Ch. 13 were repealed by 1984 Ky. Acts ch. 417, § 36 and KRS Ch. 13A was created in that same chapter of the 1984 Ky. Acts.

211.030. Commissioner of health — Selection — Term — Qualifications — Removal. [Repealed.]

Compiler’s Notes.

This section (2047, 2052, 2054, 4618-23, 4618-152: amend. Acts 1946, ch. 27, § 32; 1954, ch. 157, § 5; 1972, ch. 302, § 2) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.035. Deputy commissioners — Acting commissioner. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 157, § 6) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

211.040. State board of health — Members — Qualifications — How selected. [Repealed.]

Compiler’s Notes.

This section (2047, 2613-2, 4618-24: amend. Acts 1950, ch. 111; 1960, ch. 7) was repealed by Acts 1972, ch. 302, § 9.

211.041. State board of health — Members — Qualifications — How selected. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 302, § 3) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.050. Terms of board members — Vacancies. [Repealed.]

Compiler’s Notes.

This section (2048, 4618-24: amend. Acts 1948, ch. 222, § 3; 1950, ch. 203) was repealed by Acts 1972, ch. 302, § 9.

211.051. Terms of board members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 302, § 4) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.060. Meetings — Quorum — President — Rules — Oaths. [Repealed.]

Compiler’s Notes.

This section (2047, 2050: amend. Acts 1952, ch. 153, § 1; 1972, ch. 302, § 5) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.070. Compensation of members of board. [Repealed.]

Compiler’s Notes.

This section (2051, 2053, 2613-1: amend. Acts 1952, ch. 153, § 2; 1972, ch. 302, § 6) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.080. Powers and duties of commissioner of health. [Repealed.]

Compiler’s Notes.

This section (2047, 2052: amend. Acts 1972, ch. 302, § 7) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.090. Powers and duties of secretary.

The secretary shall:

  1. Appoint county and district boards of health pursuant to KRS 212.020 and 212.850 ;
  2. Hear and decide appeals from rulings, decisions and actions of the cabinet, where the aggrieved party makes written request therefor to the secretary within thirty (30) days after the ruling, decision or action complained of;
  3. Adopt rules and regulations necessary to regulate and control all matters set forth in KRS 211.180 to the extent the regulation and control of same have not been delegated to some other agency of the Commonwealth and adopt such other rules and regulations as may be necessary to effectuate the purposes of this chapter and any other law relating to public health, except as otherwise provided by law;
  4. Issue or deny hospital licenses;
  5. Approve or disapprove the establishment of proposed hospital service corporations and contracts for hospital service corporations and contracts for hospital services pursuant to KRS 304.32-030 ;
  6. Approve or disapprove of the establishment of proposed medical service plan corporations and contract for medical services pursuant to KRS 304.32-050 , 304.32-140 , and 304.32-160 ;
  7. Enforce the provisions of KRS 311.250 , 311.260 , 311.375 , 311.376 .

History. 2049, 2050, 2054, 2062a-1: amend. Acts 1954, ch. 157, § 7; 1972, ch. 203, § 44(1); 1972, ch. 302, § 8; 1974, ch. 74, Art. VI, § 63; 1980, ch. 188, § 203, effective July 15, 1980.

NOTES TO DECISIONS

1. Police Powers.

Among the police powers of government, the power to promote and safeguard the public health ranks at the top and, if the right of an individual runs afoul of the exercise of this power, the right of the individual must yield. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

2. Board Members.

Members of state board of health are state officers with fixed terms, jurisdiction and duties. City of Bardstown v. Nelson County, 78 S.W. 169, 25 Ky. L. Rptr. 1478 (1904).

3. Vaccination.

State board would be authorized to direct that all children attending certain public schools be vaccinated or denied privilege of attending school, where evidence justified reasonable apprehension of outbreak of smallpox and that vaccination was only means of prevention. Board of Trustees v. McMurtry, 169 Ky. 457 , 184 S.W. 390, 1916 Ky. LEXIS 720 ( Ky. 1916 ).

4. Review of Regulations.

The court had to look to the facts in the record and the facts before the board when it adopted the regulation to determine whether the finding of the trial court of arbitrariness was “clearly erroneous.” Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

The general rule of judicial review may not apply with equal force to a regulation by an agency composed of specialists in an area in which the courts must acknowledge a limited understanding. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

Where the plaintiff claimed that the regulation in question was arbitrary, the burden was on the plaintiff to show that the regulation had no reasonable basis in fact or had no reasonable relation to the protection of the public health. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

5. — Injunction.

Where the plaintiff failed to prove that a regulation providing for the fluoridation of public water supplies was arbitrary, it was error for the trial court to grant an injunction. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

Opinions of Attorney General.

The only manner in which district boards of health may be created is by the fiscal courts of the particular counties as provided by KRS 212.840 . OAG 74-700 .

The power and authority previously vested in the state board of health is now vested in the secretary for human resources. OAG 74-700 .

Research References and Practice Aids

Cross-References.

Annual report from Louisville and Jefferson County Board of Health, KRS 212.570 .

Attorneys to represent Cabinet for Health and Family Services, KRS 212.270 .

Audit of books of Louisville and Jefferson County Board of Health, KRS 212.550 .

Compensation of county health officer, participation in fixing of, KRS 212.190 .

Health facilities and services, licensure and regulation, KRS 216B.010 to 216B.990 .

Labor inspectors to report health violations, KRS 336.090 .

Nonprofit hospital, medical-surgical, dental and health service corporations, KRS 304.32-010 et seq.

Podiatry, official examiners in, appointment, KRS 311.410 .

Powers and duties of state board of health as to:

Births and deaths, KRS Chapter 213.

Communicable diseases, KRS Chapter 214.

Foods and drugs, KRS Chapter 217.

Immunization of children, KRS 214.034 .

Local health boards, KRS Chapter 212.

Plumbers and plumbing, KRS Chapter 318.

Practitioners of medicine generally, KRS Chapter 311.

Tuberculosis, KRS Chapter 215.

Visiting nurses, KRS 314.470.

211.100. Divisions of department of health. [Repealed.]

Compiler’s Notes.

This section (2054: amend. Acts 1954, ch. 157, § 8; 1966, ch. 255, § 205) was repealed by Acts 1972, ch. 302, § 9.

211.101. Directors of divisions — Grouping of subdivision of divisions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 157, § 9) was repealed by Acts 1972, ch. 302, § 9.

211.102. Functions of divisions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 157, § 10) was repealed by Acts 1972, ch. 302, § 9.

211.105. Division of medical hospitals and related services. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1948, ch. 189, § 1) was repealed by Acts 1954, ch. 157, § 24.

211.106. Division of medical care. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1960, ch. 68, Art. VII, § 9) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.110. Laboratory work for State Board of Health by experiment station of University of Kentucky. [Repealed.]

Compiler’s Notes.

This section (2060a-12) was repealed by Acts 1954, ch. 157, § 24, effective June 17, 1954.

211.120. Director of laboratories — Assistants. [Repealed.]

Compiler’s Notes.

This section (2060a-13) was repealed by Acts 1954, ch. 157, § 24, effective June 17, 1954.

211.125. Educational materials regarding female genital mutilation.

  1. As used in this section, “female genital mutilation” has the same meaning as in KRS 508.125 .
  2. The Department for Public Health in the Cabinet for Health and Family Services shall:
    1. Develop and produce educational materials regarding female genital mutilation, the health risks and emotional trauma inflicted by the practice of female genital mutilation, and the criminal penalties for female genital mutilation; and
    2. Disseminate the educational material produced under paragraph (a) of this subsection to health care providers, teachers, law enforcement personnel, immigration and refugee resettlement agencies, and any other professionals or community entities who may reasonably be expected to come into contact with individuals who may be at risk of suffering female genital mutilation.
  3. The department may consult or contract with nonprofit organizations to develop and produce the educational materials required by subsection (2) of this section.

HISTORY: 2020 ch. 74, § 2, effective April 2, 2020.

211.130. Definitions for KRS 211.130 to 211.160.

As used in KRS 211.130 to 211.160 , unless the context requires otherwise:

  1. “Cabinet” shall mean the Cabinet for Health and Family Services;
  2. “Secretary” shall mean the secretary for health and family services;
  3. “An individual with a severe physical disability” shall mean a person who has a severe physical disability as a result of cerebral palsy, poliomyelitis, muscular dystrophy, or spina bifida;
  4. “Educable person” shall mean an individual with a severe physical disability, as defined above, who is determined by the cabinet to be capable of receiving and benefiting from the services and facilities provided by KRS 211.130 to 211.160 ;
  5. “Funds” shall mean all moneys received by the cabinet from all persons, corporations, associations, organizations, and state or federal government agencies, specifically designated to be used for furnishing facilities and services for educable persons; provided, however, that no moneys appropriated to the cabinet by the General Assembly of this Commonwealth shall be considered to have been appropriated for establishing, providing, or maintaining services or facilities for educable persons, unless the act appropriating such moneys expressly so provides.

History. Enact. Acts 1952, ch. 165, § 1; 1974, ch. 74, art. VI, § 107(1), (2), (11), (21); 1994, ch. 405, § 72, effective July 15, 1994; 1998, ch. 426, § 284, effective July 15, 1998; 2005, ch. 99, § 340, effective June 20, 2005.

211.140. Declaration of legislative purpose.

The purpose of KRS 211.130 to 211.160 is to provide for the acceptance, custody, and use, by the Commonwealth of Kentucky, of funds and properties that may be given, granted, contributed, donated, bequeathed, devised, and conveyed for the hospitalization, training, education, and care of individuals with severe physical disabilities, including grants that may be made for said purposes by the government of the United States of America.

History. Enact. Acts 1952, ch. 165, § 2, effective June 19, 1952; 1994, ch. 405, § 73, effective July 15, 1994.

211.150. Facilities and services for persons with severe physical disabilities who are educable.

To the extent that funds are made available, the cabinet may establish, provide, and maintain facilities and services, including hospital-schools and related medical and nursing care, and vocational, academic, and recreational training, instruction, and education, for individuals with severe physical disabilities who are, in the judgment of the cabinet, found to be educable after examination and diagnosis conducted in accordance with procedures prescribed by the cabinet.

History. Enact. Acts 1952, ch. 165, § 3, effective June 19, 1952; 1994, ch. 405, § 74, effective July 15, 1994.

211.160. Powers of secretary of the cabinet in providing service to handicapped persons.

  1. The secretary for health and family services may, from the funds available, employ, by contract or otherwise such medical, clinical, technical, and other personnel that he deems necessary to effectuate the purposes of KRS 211.130 to 211.160 , and fix and pay their compensation and necessary traveling expenses.
  2. The secretary for health and family services may, from the funds available, procure, by purchase or lease or otherwise, such property, equipment, services, facilities, and supplies that he deems necessary to effectuate the purposes of KRS 211.130 to 211.160 .
  3. The secretary for health and family services is authorized to accept, on behalf of the Commonwealth of Kentucky, all gifts, donations, contributions, grants, devises, bequests, and conveyances of real and personal property for establishing, providing, and maintaining the services and facilities described in KRS 211.150 , subject only to the condition that same shall be devoted to and used for said purposes. All funds received by the secretary for health and family services shall be deposited in the State Treasury and credited to a trust and agency fund account and expended only for purposes authorized by KRS 211.130 to 211.160 .
  4. The secretary for health and family services may make and issue all necessary rules and regulations to carry out KRS 211.130 to 211.160 ; provided, however, that no educable person shall be eligible for any benefits hereunder unless he is, and has been continuously for at least twelve (12) months immediately preceding the date of his application therefor, an actual resident of this state.
  5. The secretary for health and family services may delegate to any division of the cabinet, or to any director thereof, any and all of his authority and duties hereunder.
  6. Upon request of the secretary for health and family services, approved in writing by the Governor, any cabinet, agency, or commission of the Commonwealth shall furnish without cost to the cabinet such services, facilities, and assistance as are available and, in the judgment of the secretary for health and family services and the Governor, required, to effectuate the purposes of KRS 211.130 to 211.160 or its administration which is hereby vested in the cabinet.

History. Enact. Acts 1952, ch. 165, § 4, effective June 19, 1952; 1974, ch. 74, Art. VI, § 107(16); 1998, ch. 426, § 285, effective July 15, 1998; 2005, ch. 99, § 341, effective June 20, 2005.

211.165. Program for repayment of educational loans for primary health-care professionals who agree to serve in federally designated health professional shortage areas.

The Cabinet for Health and Family Services shall establish a loan repayment program to repay educational loans for primary health-care professionals who agree to serve in federally designated health professional shortage areas. The program shall:

  1. Apply for federal funds for the program under the Public Health Service Act (42 U.S.C. sec. 254 g-1);
  2. Make payments of qualifying educational loans of health professionals agreeing to provide primary health services in federally designated health professional shortage areas;
  3. Assign health professionals only to public and private nonprofit entities;
  4. Enter into contracts with participants with remedies for breach of contract by the health professional; and
  5. Make available nonfederal contributions towards contracts with individual health professionals in an amount not less than one dollar ($1) for each one dollar ($1) of federal funds provided. In meeting this matching fund requirement, the state shall provide fifty percent (50%) of the state’s share from state funds, and the remaining fifty percent (50%) shall be provided from local governments or other community-based resources from the area in which the health professional will be serving.

History. Enact. Acts 1994, ch. 512, Part 1, § 115, effective July 15, 1994; 1998, ch. 426, § 286, effective July 15, 1998; 2005, ch. 99, § 342, effective June 20, 2005.

Research References and Practice Aids

Northern Kentucky Law Review.

Costich, The Kentucky Health Reform Act, 22 N. Ky. L. Rev. 381 (1995).

211.170. Functions of cabinet relating to local health departments.

In relation to local health departments, the cabinet shall, among other things:

  1. Establish policies governing the activities and practices of such departments;
  2. Supervise their financial, personnel, program, administrative and other functions;
  3. Establish standards of operation in accordance with KRS 212.120 ;
  4. Evaluate the organization and activities of local health departments;
  5. Conduct state and district conferences for local health officers and local health department personnel;
  6. Allocate, modify or cancel allotments of state funds to local health departments pursuant to KRS 212.120 ; and
  7. Promote the establishment of local health departments.

History. Enact. Acts 1954, ch. 157, § 11, effective June 17, 1954.

Opinions of Attorney General.

The state Department of Health (now Cabinet for Health and Family Services), acting through its commissioner (now secretary), is statutorily empowered to set the qualifications to be met by officers and employees of county health departments. OAG 64-425 .

The state Department of Health (now Cabinet for Health and Family Services) has the statutory authority to establish mandatory retirement restrictions for county health department employees. OAG 64-425 .

Where county health funds were turned over to the state health department (now Cabinet for Health and Family Services) and employees of the county health department were paid by the state health department, an attempt by the fiscal court to pay a health department employee $15 a month extra out of the county general fund was illegal. OAG 66-137 .

A local health department could engage in a contract with the Falls Region Health Council, Inc., for health planning services to be performed by the corporation for the benefit of the particular county health department, but such contract would be subject to the approval of the state Department of Health (now Cabinet for Health Services). OAG 69-561 .

The Cabinet for Health Services (now Health and Family Services) has full statutory authority to establish a policy requiring a local health department to perform accounting and payroll functions through a centralized system operated by the Cabinet. OAG 92-8 .

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, G, 5, (3) at 884.

211.1751. Definitions for KRS 211.1751 to 211.1755.

As used in KRS 211.1751 to 211.1755 :

  1. “Agency” means a local health department established pursuant to the provisions of KRS Chapter 212, excluding a health department in a county containing a city of the first class, a consolidated local government, an urban-county health department, or an independent district health department.
  2. “Classification plan” means the system of classes and job descriptions, and the process for the installation and maintenance of the classification plan.
  3. “Compensation plan” means a series of salary ranges to which classes of positions are assigned so that classifications evaluated as approximately equal may be assigned to the same salary range.
  4. “Council” means the Local Health Department Employment Personnel Council created in KRS 211.1752 .
  5. “Department” means the Department for Public Health within the Cabinet for Health and Family Services.

History. Enact. Acts 1994, ch. 336, § 1, effective July 15, 1994; 1998, ch. 426, § 287, effective July 15, 1998; 2002, ch. 346, § 201, effective July 15, 2002; 2005, ch. 99, § 343, effective June 20, 2005.

211.1752. Local Health Department Employment Personnel Council. [Effective until July 15, 2020]

  1. The Local Health Department Employment Personnel Council is hereby created. The council shall be composed of five (5) members appointed by the secretary for health and family services.
  2. Members of the council shall serve for a term of three (3) years or until successors are appointed, except that for members of the initially appointed council, two (2) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and one (1) member shall be appointed for three (3) years. A member appointed to fill a vacancy occurring prior to the expiration of the term shall be appointed for the remainder of the term.
  3. The council shall elect a chairperson from its membership. Regular meetings of the council shall be held at least semiannually. Special meetings of the council may be held upon call of the chairperson or the department.
  4. The council shall be attached to the department for administrative purposes.
  5. The council shall:
    1. Advise the cabinet on administration of the local health department personnel program pursuant to KRS Chapter 212;
    2. Hear appeals from:
      1. Applicants for positions for which examinations are being or have been conducted;
      2. Eligible applicants on examination registers; and
      3. Classified employees who have been dismissed, demoted, or suspended for cause;
    3. Hear appeals regarding discrimination in a personnel action involving an agency employee or an applicant for employment;
    4. Make an annual report to the department and agency; and
    5. Consider and act upon matters that may be referred to the council by the department.

History. Enact. Acts 1994, ch. 336, § 2, effective July 15, 1994; 1996, ch. 318, § 103, effective July 15, 1996; 1998, ch. 426, § 288, effective July 15, 1998; 2005, ch. 99, § 344, effective June 20, 2005.

211.1752. Local Health Department Employment Personnel Council. [Effective July 15, 2020]

  1. The Local Health Department Employment Personnel Council is hereby created. The council shall be composed of five (5) members appointed by the secretary for health and family services.
  2. Members of the council shall serve for a term of three (3) years or until successors are appointed, except that for members of the initially appointed council, two (2) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and one (1) member shall be appointed for three (3) years. A member appointed to fill a vacancy occurring prior to the expiration of the term shall be appointed for the remainder of the term.
  3. The council shall elect a chairperson from its membership. Regular meetings of the council shall be held at least semiannually. Special meetings of the council may be held upon call of the chairperson or the department.
  4. The council shall be attached to the department for administrative purposes.
  5. The council shall:
    1. Advise the cabinet on administration of the local health department personnel program pursuant to KRS Chapter 212;
    2. Make an annual report to the department and agency; and
    3. Consider and act upon matters that may be referred to the council by the department.

HISTORY: Enact. Acts 1994, ch. 336, § 2, effective July 15, 1994; 1996, ch. 318, § 103, effective July 15, 1996; 1998, ch. 426, § 288, effective July 15, 1998; 2005, ch. 99, § 344, effective June 20, 2005; 2020 ch. 36, § 19, effective July 15, 2020.

211.1755. Merit system for local health department personnel.

  1. The cabinet shall administer a personnel program for local health departments based on the principles of merit governing the recruitment, examination, appointment, discipline, removal, and other incidents of employment for county, city-county, and district agencies.
  2. The cabinet shall establish policies and procedures for the personnel program through the promulgation of administrative regulations pursuant to KRS Chapter 13A.
  3. The administrative regulations promulgated by the cabinet governing the personnel program shall include the following:
    1. Personnel policies for the governance of all agency employees, which shall include, but not be limited to, the following areas of personnel administration:
      1. Leave policies;
      2. Salary, wage, and price policy and administration;
      3. Conditions of employment;
      4. Conditions of termination;
      5. Fringe benefits;
      6. Employee grievance procedure;
      7. Employee performance evaluations;
      8. Staff development, and continuing education requirements; and
      9. Method of salary increments.
    2. A classification plan based upon the duties and responsibilities assigned to each classification, which shall include for each classification an appropriate title, description of duties and responsibilities, required education and experience, and other qualifications at the discretion of the cabinet.
    3. A compensation plan which provides salary ranges for the various classifications of the classification plan commensurate with the duties and responsibilities of the classification within budgetary limitations.
    4. The recruitment of applicants, the determination of eligibility of applicants, the appropriate examination for applicants, and the provision of a list of qualified individuals for employment with an agency.

History. Enact. Acts 1994, ch. 336, § 3, effective July 15, 1994.

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 comprehensive programs relating to all matters of public health, including but not limited to the following matters:
    1. 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;
    2. 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;
    3. 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 other factors, not assigned by law to another agency, as may be necessary to insure a safe and sanitary environment;
    4. The construction, installation, and alteration of any on-site sewage disposal system, except for a system with a surface discharge;
    5. Protection and improvement of the health of expectant mothers, infants, preschool, and school-age children; and
    6. Protection and improvement of the health of the people through better nutrition.
    1. The secretary shall have authority to establish by regulation a schedule of reasonable fees. The total fees for permitting and inspection: (2) (a) The secretary shall have authority to establish by regulation a schedule of reasonable fees. The total fees for permitting and inspection:
      1. Shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185 ;
      2. Beginning on March 17, 2020 until December 31, 2020, shall not increase more than twenty-five percent (25%) of the fee amount on March 17, 2020; and
      3. Beginning on or after January 1, 2021, shall not increase more than five percent (5%) for each year thereafter.
    2. The fees shall include travel 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.
    3. 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.
  2. Any administrative hearing conducted under authority of this section shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1954, ch. 157, § 12, effective June 17, 1954; 1972 (1st Ex. Sess.) ch. 3, § 29; 1974, ch. 74, Art. VI, § 107(17); 1976, ch. 299, § 42; 1978, ch. 117, § 18, effective February 28, 1980; 1982, ch. 247, § 9, effective July 15, 1982; 1982, ch. 392, § 5, effective July 15, 1982; 1990, ch. 443, § 44, effective July 13, 1990; 1996, ch. 318, § 104, effective July 15, 1996; 1998, ch. 426, § 289, effective July 15, 1998; 2000, ch. 432, § 2, effective July 14, 2000; 2004, ch. 102, § 1, effective July 13, 2004; 2005, ch. 99, § 345, effective June 20, 2005; 2018 ch. 136, § 7, effective July 1, 2019; 2019 ch. 104, § 10, effective July 1, 2019; 2020 ch. 21, § 5, effective March 17, 2020.

NOTES TO DECISIONS

1. Police Powers.

Among the police powers of government, the power to promote and safeguard the public health ranks at the top and, if the right of an individual runs afoul of the exercise of this power, the right of the individual must yield. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

2. Swimming Pools.

Although state and local administrative agencies have authority to promulgate regulations applicable to swimming pools owned by landlords for the use of tenants which are within the general area of public health and safety, not all regulations are necessarily valid as to such owners. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

It is immaterial whether a pool is open to all members of the public or a special segment thereof, for it is the health welfare of the community which is significant in the exercise of the police power. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

Regulations applying to all pool owners requiring an attendant to check bathers for showers, requiring separate entrances and exits for men and women and requiring each bather to pass through a communal shower room before entering the pool was too broad and therefore invalid. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

Regulations pertaining to safety requirements were not invalid on the ground that the legislature or the administrative agencies lacked the police power to prescribe reasonable health and safety rules encompassing pools built by landlords for the use of their tenants. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

The question of authority to regulate swimming pools is not determined by whether a pool is public or private but whether, from the standpoint of health and safety, there is a recognizable public interest in their operation which would justify the exercise of the police power of regulation. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

While all swimming pools may present some common health hazards which would reasonably require the same regulatory safeguards, in certain areas the dissimilarity in prevailing conditions would make the application of a single standard inappropriate, unrealistic and unreasonable. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

3. — For Use of Tenants.

Swimming pools owned by landlords for the use of tenants do not fall within the definition of private pools because, if the tenant is classified as the homeowner, the apartment pool does not fall within the definition because it is not under the tenant’s control. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

4. — Lifeguard.

Where a regulation required that a lifeguard be on duty at all times that pool was available for use, as applied to all pools the burden of the regulation greatly outweighed the reasonably necessary safety objective sought and the regulation was invalid. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

5. Secretary's Authority.

While the statute designates particular areas of control, it provides that the board’s (now secretary’s) authority is not limited to those specified. Adams, Inc. v. Louisville & Jefferson County Board of Health, 439 S.W.2d 586, 1969 Ky. LEXIS 374 ( Ky. 1969 ).

6. Dental Hygiene.

The relation of dental hygiene to the health of the body generally is now so well recognized as to warrant judicial notice. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

7. Review of Regulations.

The court had to look to the facts in the record and the facts before the board (now secretary) when it adopted the regulation to determine whether the finding of the trial court of arbitrariness was “clearly erroneous.” Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

The general rule of judicial review may not apply with equal force to a regulation by an agency composed of specialists in an area in which the courts must acknowledge a limited understanding. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

Where the plaintiff claimed that the regulation in question was arbitrary, the burden was on the plaintiff to show that the regulation had no reasonable basis in fact or had no reasonable relation to the protection of the public health. Graybeal v. McNevin, 439 S.W.2d 323, 1969 Ky. LEXIS 371 ( Ky. 1969 ).

8. Midwives.

The requirement that a midwife be licensed, and to obtain that license must be a nurse, is rationally related to the objective of promoting the health of the woman and the infant assisted and such regulation is not an invalid exercise of the authority conferred upon the Cabinet for Health Services by the statute. Watson v. Kentucky Bd. of Nursing, 37 S.W.3d 788, 2000 Ky. App. LEXIS 106 (Ky. Ct. App. 2000).

Cited:

Clair v. N. Ky. Indep. Health Dist., 504 F. Supp. 2d 206, 2006 U.S. Dist. LEXIS 67163 (E.D. Ky. 2006 ).

Research References and Practice Aids

2020-2022 Budget Reference.

See State/Executive Branch Budget, 2020 Ky. Acts ch. 92, Pt. I, G, 5, (3) at 884.

211.182. Treatment of cancer restricted to physicians.

  1. For the purposes of this section, “cancer” means all malignant neoplasms regardless of the tissue of origin, including malignant lymphoma and leukemia.
  2. No person, other than a licensed medical or osteopathic physician, or dentist, shall in any manner hold himself out to any other person as being able to prescribe treatment for, or cure the disease of cancer.
  3. No person, other than a licensed medical or osteopathic physician, or dentist, shall in any manner undertake to treat, or prescribe for the treatment of the disease of cancer.
  4. No person shall sell or offer to sell, or give away or offer to give away, except upon the prescription of a licensed medical or osteopathic physician, or dentist, any drug, medicine, compound, nostrum or device which is represented by the manufacturer or seller thereof to have curative powers when used in the treatment of the disease of cancer.
  5. Nothing contained herein shall be construed to impose any limitation upon the free exercise of religion in this state.

History. Enact. Acts 1960, ch. 47, §§ 1-4, 6, effective June 15, 1960.

211.184. Enforcement of KRS 211.182 by cabinet and secretary of the Cabinet for Health and Family Services.

  1. It shall be the duty of the cabinet to enforce the provisions of KRS 211.182 , and for that purpose the investigators, inspectors, representatives, and agents of the secretary of the Cabinet for Health and Family Services and the cabinet shall have the full power and authority of peace officers in this state, and shall have the power and authority to administer oaths, to enter upon premises at all times for the purpose of making inspections, to seize evidence, to interrogate all persons, and to require the production of books, papers, documents, or other evidence.
  2. The secretary of the Cabinet for Health and Family Services may institute, in his own name, proceedings to enjoin and restrain violations of KRS 211.182 , regardless of whether the defendant has been convicted of violation of the penal provisions thereof, and shall not be required to pay any costs or filing fees or furnish any bond in connection therewith. Violation of injunctions and restraining orders shall be punished as a contempt without the intervention of a jury.

History. Enact. Acts 1960, ch. 47, § 5, effective June 16, 1960; 1974, ch. 74, Art. VI, § 107(17); 1980, ch. 188, § 204, effective July 15, 1980; 1998, ch. 426, § 290, effective July 15, 1998; 2005, ch. 99, § 346, effective June 20, 2005.

NOTES TO DECISIONS

Cited:

Levisa Stone Corp. v. Hays, 429 S.W.2d 413, 1968 Ky. LEXIS 753 , 33 A.L.R.3d 581 ( Ky. 1968 ).

211.185. Definitions for KRS 211.185 to 211.187.

As used in KRS 211.185 to 211.187 :

  1. “Agency” means a local health department established in any county in the Commonwealth pursuant to KRS Chapter 212, including a health department in a county containing a city of the first class, a health department in a county with a consolidated local government, an urban-county health department, an independent district health department, or a district health department;
  2. “Cabinet” means the Cabinet for Health and Family Services;
  3. “Commissioner” means the commissioner of the Department for Public Health within the Cabinet for Health and Family Services;
  4. “Core public health programs” means all foundational public health programs as defined in this section and services that may include but are not limited to the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) provided by the federal Food and Nutrition Service, the Health Access Nurturing Development Services (HANDS) program established in KRS 211.690 , and substance use disorder harm reduction services;
  5. “Department” means the Department for Public Health within the Cabinet for Health and Family Services;
  6. “Foundational public health programs” means those services required by the Kentucky Revised Statutes, including but not limited to activities and service programs that prevent and mitigate disease, protect people from injury, promote healthy lifestyles across all environments, promote population health services, enforce Kentucky administrative regulations, ensure emergency preparedness and response, monitor and mitigate communicable disease, and provide the administrative and organizational infrastructure to deliver services;
  7. “Foundational public health service provider” means an individual who is employed by an agency that provides a foundational public health program service;
  8. “Harm reduction services” means a comprehensive set of public health strategies intended to reduce the negative impact of substance use disorders;
  9. “Local public health priorities” means services not included in core public health programs as defined in this section that are identified through a needs assessment as priorities of an agency through a process established in administrative regulations; and
  10. “Population health services” means the development and support of policies and practices to address, change, and improve health outcomes through community education and partnership development.

HISTORY: 2020 ch. 21, § 1, effective March 17, 2020.

211.186. Funding for foundational public health programs — Calculation of statewide base funding level and funding level for each public health service provider — Eligibility for receipt of funds — Administrative regulations — Recordkeeping and submission of information.

  1. In determining the total amount of funds to be allocated for the delivery of foundational public health programs, the statewide base funding level shall be calculated to ensure that:
    1. Each county in the Commonwealth that has fifteen thousand (15,000) or fewer residents shall have a minimum of three (3) full-time equivalent foundational public health service providers for foundational public health programs; and
    2. Each agency has sufficient funds to employ one (1) additional full-time equivalent foundational public health service provider for each time that one (1) additional person, in ranges of five thousand (5,000) persons, is residing in the county beyond the first fifteen thousand (15,000) persons residing in the county that the agency serves.
  2. The funding level for each full-time equivalent foundational public health service provider shall be computed by dividing the total amount appropriated for this purpose by the number of full-time equivalent foundational public health service providers mandated by this section.
  3. Each agency shall be eligible to share in the distribution of funds appropriated for foundational public health programs that meet the following requirements:
    1. Employs, or pledges to employ on receipt of funds, a minimum of one (1) full-time equivalent foundational public health service provider pursuant to the requirements of subsection (1) of this section;
    2. Provides or ensures the delivery of foundational public health programs within the agency’s jurisdiction; and
    3. Dedicates funding for full-time equivalent foundational public health service providers in one (1) of the following ways:
      1. By the implementation of the ad valorem public health tax authorized by KRS 212.725 and 212.755 at a rate of at least one and eight- tenths cents ($0.018), per one hundred dollars ($100) of full value assessed valuation; or
      2. By the receiving of direct funding from the county or counties in which the agency operates in amount that equals what the agency would receive if the ad valorem public health tax had been levied in the county or counties the agency serves at a rate of at least one and eight- tenths cents ($0.018), or any higher rate established by the commissioner, per one hundred dollars ($100) of assessed property valuation.
  4. An agency that meets the requirements established in subsection (3) of this section shall be entitled to receive an amount equal to the base funding level for each full-time equivalent foundational public health service provider, as evaluated by the Cabinet for Health and Family Services. The base funding level shall be evaluated using the following minimum factors:
    1. The amount of funds received by the agency under subsection (3)(c) of this section;
    2. The statewide average costs of salary for each full-time equivalent foundational public health service provider in the agency;
    3. The statewide average costs of benefits for each full-time equivalent foundational public health service provider in each agency;
    4. The actual costs of the retirement liability contributions for each full-time equivalent foundational public health service provider in each agency as compared to other agencies throughout the state and whether the agency’s equivalents participate in the Kentucky Employees Retirement System or County Employees Retirement System; and
    5. The statewide average costs of operating expenses to the agency associated with each full-time equivalent foundational public health service provider.
  5. The Cabinet for Health and Family Services shall determine, on or before May 1 of each year preceding a biennial budget session of the General Assembly, the estimated amount necessary to fund the salary, benefits, unfunded retirement liability contribution, and operating expenses to the agency associated with each full-time equivalent foundational public health service provider for all agencies as calculated from the previous nine (9) month period.
  6. The department shall establish procedures to ensure that core public health programs will be provided or ensured by one (1) or more agencies. The core public health programs, excluding all foundational public health programs, may be provided by another entity; however, the agency shall agree, as funding is available, that it will remain responsible for ensuring that these programs are provided in the event the other entity no longer provides the service.
  7. The department shall, within sixty (60) days of March 17, 2020, promulgate administrative regulations to establish the process and procedures to ensure that core public health programs, foundational public health programs, and local public health priorities are identified and facilitated by one (1) or more agencies in the Commonwealth.
  8. The department shall not require agencies to enter additional agreements beyond the provisions of core public health programs. Agencies may enter into contractual agreements with the department outside of programs and services defined in KRS 211.185 .
  9. An agency shall maintain records and submit information as required by the department to administer this section.
  10. Notwithstanding KRS 211.170 and 212.120 , any moneys allocated pursuant to this section for foundational public health programs is allowable.

HISTORY: 2020 ch. 21, § 2, effective March 17, 2020.

211.187. Local public health priorities — Criteria — Administrative regulations — Recordkeeping and submission of information.

  1. As long as core public health programs are funded and implemented, local public health priorities, as defined in KRS 211.185 , may be provided by the agency and shall meet the following criteria:
    1. Demonstrate data-driven needs;
    2. Use evidence-based or promising practices;
    3. Identify adequate funding;
    4. Demonstrate performance and quality management plans; and
    5. Define a strategy to determine when the service or program is no longer needed.
  2. The department shall, within sixty (60) days of March 17, 2020, promulgate administrative regulations establishing the process to demonstrate that the local health priorities meet the criteria established in this section.
  3. An agency shall maintain records and submit information as required by the department to administer this section.

HISTORY: 2020 ch. 21, § 3, effective March 17, 2020.

211.190. Public health services to be provided by the cabinet.

The cabinet shall provide public health services including:

  1. Administrative, consultative, technical, professional, and other services needed to assist local health departments in the effective maintenance and operation of their departments;
  2. Administrative, investigative, and clerical services required by the secretary of the Cabinet for Health and Family Services, and may upon request provide these services to any other agency of this Commonwealth authorized to control the practice of any other healing art;
  3. Administration of grants, gifts, or contributions from the federal government, or from other sources, for the purpose of carrying out the provisions of Pub. L. No. 725 (79th Congress, 2nd Session, chapter 958), or any other acts for the same or similar purposes;
  4. Central registrations of births, deaths, and other vital records and the furnishing of copies thereof to the general public in the manner prescribed by law;
  5. Statistical services, including the compilation, analysis, and maintenance of statistics on matters related to public health, and may provide these services to organizations and persons interested in public health;
  6. Education of the public concerning all matters relating to health, including the publication and dissemination of health information, and the stimulation of citizen support for the promotion and maintenance of high standards of public health throughout the Commonwealth;
  7. Survey and study of the needs of medical and hospital facilities in the interest of the health of the general public;
  8. Establishment, maintenance, and operation of public health laboratories and such branches thereof as may be needed;
  9. Establishment, maintenance, and operation of training facilities and schools for employees of the cabinet and of local health departments;
  10. Tabulating, duplicating, and other ancillary services as are necessary to the operation of the cabinet, including the keeping of adequate financial, personnel, and other records; and
  11. Establishment, maintenance, monitoring, and enforcement of water fluoridation programs for the protection of dental health.

History. Enact. Acts 1954, ch. 157, § 13, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(17); 1974, ch. 308, § 39; 1994, ch. 351, § 1, effective July 15, 1994; 1998, ch. 426, § 291, effective July 15, 1998; 2005, ch. 99, § 347, effective June 20, 2005.

Compiler’s Notes.

Public Law No. 725, 79th Congress, chapter 958 (60 Stat. 1041), referred to in subdivision (3), is repealed.

211.192. Information to be provided concerning Down syndrome and spina bifida — By whom — When.

  1. For the purposes of this section:
    1. “Down syndrome” means a chromosomal condition caused by cell division that results in the presence of an extra whole or partial copy of chromosome 21; and
    2. “Spina bifida” means a neural tube defect, the most common of which is the open neural tube defect myelomeningocele.
  2. A health facility as defined in KRS 216B.015(13), physician, health care provider, nurse midwife, or genetic counselor who renders prenatal care, postnatal care, or genetic counseling, upon receipt of a positive test result from a test for Down syndrome or spina bifida, shall provide the expectant or new parent with information provided by the Cabinet for Health and Family Services under subsection (3) of this section.
  3. The Cabinet for Health and Family Services shall make available to any person who renders prenatal care, postnatal care, or genetic counseling to parents who receive a prenatal or postnatal diagnosis of Down syndrome or spina bifida and to any person who has received a positive test result from a test for Down syndrome or spina bifida the following:
    1. Up-to-date, evidence-based, written information about Down syndrome or spina bifida that has been reviewed by medical experts and Down syndrome or spina bifida organizations and includes information on physical, developmental, educational, and psychosocial outcomes, life expectancy, clinical course, intellectual and functional development, and treatment options; and
    2. Contact information regarding support programs and services for expectant and new parents of children with Down syndrome or spina bifida, including information hotlines specific to Down syndrome or spina bifida, resource centers or clearinghouses, national and local Down syndrome or spina bifida organizations such as Down Syndrome of Louisville, Down Syndrome Association of Central Kentucky, Down Syndrome Association of South Central Kentucky, Green River Area Down Syndrome Association, Down Syndrome Association of Greater Cincinnati Serving Northern Kentucky, Council on Developmental Disabilities, the Spina Bifida Association of Kentucky, and other education and support programs.

HISTORY: Enact. Acts 2013, ch. 6, § 1, effective June 25, 2013; 2015 ch. 42, § 1, effective June 24, 2015.

211.195. Authorization for Department for Public Health to develop programs allowing local health departments to participate in telehealth and receive reimbursement.

The Department for Public Health may develop programs for local health departments to participate in telehealth and to seek reimbursement for services as provided for other health care providers under KRS Chapter 205 or KRS Chapter 304, Subtitle 17A.

History. Enact. Acts 2000, ch. 376, § 5, effective July 14, 2000.

211.200. Assignment of cabinet personnel to a county in case of public health emergency or when county lacks adequate local health department.

Whenever, in the opinion of the secretary for health and family services, a public health emergency exists in any county, or whenever any county fails to establish, maintain, and operate a local health department therein meeting the standards prescribed by the cabinet, the cabinet may assign to said county such of its own personnel as may be designated by the secretary for health and family services. Such personnel so assigned shall have the full power and authority of local health department employees in addition to their power and authority as representatives of the cabinet. Whenever such assignment results by reason of the lack of a local health department or of a local health department meeting the standards prescribed by the cabinet, any funds appropriated or allocated to the local health department by either the Commonwealth or the federal government may be used to reimburse the cabinet.

History. Enact. Acts 1954, ch. 157, § 14, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(16); 1998, ch. 426, § 292, effective July 15, 1998; 2005, ch. 99, § 348, effective June 20, 2005.

211.210. Abatement of nuisances.

The cabinet may examine into all nuisances, sources of filth and causes of sickness that may in its 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 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 cabinet may order.

History. Enact. Acts 1954, ch. 157, § 15, effective June 17, 1954.

211.215. Program for decontamination of bird roosts. [Repealed effective July 15, 2020]

  1. The Cabinet for Health and Family Services shall operate a program for the decontamination of bird roosts.
  2. Prior to the decontamination of a bird roost, the cabinet shall, at a minimum, make the following determinations:
    1. The bird roost has tested positive to the presence of histoplasma capsulatum;
    2. The bird roost presents a potential health hazard;
    3. The landowner has requested in writing to the cabinet that the cabinet have the land area associated with the bird roost decontaminated; and
    4. That there are sufficient state funds to pay for the decontamination of the area, including any assistance which may be given by local governmental units, volunteer fire departments, or other organizations.
  3. If one (1) or more of the determinations made by the cabinet in subsection (2) of this section is made in the negative, the bird roost shall not be decontaminated by the cabinet.
  4. The cabinet shall ensure that the decontamination of a bird roost is conducted in a safe manner.
  5. The cabinet may secure the services of local governmental units, volunteer fire departments, or other organizations as long as they are qualified to conduct the decontamination in a safe manner.
  6. The cabinet may issue administrative regulations to implement this section.

History. Enact. Acts 1980, ch. 106, § 1, effective April 2, 1980; 1998, ch. 426, § 293, effective July 15, 1998; 2005, ch. 99, § 349, effective June 20, 2005.

211.215. Program for decontamination of bird roosts. [Repealed effective July 15, 2020]

HISTORY: Enact. Acts 1980, ch. 106, § 1, effective April 2, 1980; 1998, ch. 426, § 293, effective July 15, 1998; 2005, ch. 99, § 349, effective June 20, 2005; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

211.220. Powers of cabinet personnel in the conduct of investigations — Subpoenas, process.

For the purposes of enforcing the public health laws of the Commonwealth, investigators, inspectors, officers, representatives, and agents of the cabinet may enter upon any premises when necessary for the purpose of making inspections and investigations, and may view evidence and interrogate persons, to the extent required in the performance of their duties and responsibilities. The secretary of the Cabinet for Health and Family Services may issue subpoenas, subpoenas duces tecum, and all necessary process in proceedings brought before or initiated by the cabinet, 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. Nothing in this section shall be construed to authorize the cabinet to regulate the practice of any healing art where the licensure, regulation, and control of same has been conferred by statute upon some other agency of the state.

History. Enact. Acts 1954, ch. 157, § 16, effective June 17, 1954; 1974, ch. 74, Art. VI, § 64; 1974, ch. 315, § 28; 1980, ch. 114, § 41, effective July 15, 1980; 1998, ch. 426, § 294, effective July 15, 1998; 2005, ch. 99, § 350, effective June 20, 2005.

211.230. Enforcement of obedience to orders and process — Coercion of witness to testify.

In case of a failure on the part of any person, firm, or corporation to comply with any lawful order of the Cabinet for Health and Family Services, 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 may, on application of the Cabinet for Health and Family Services or the secretary of the Cabinet for Health and Family Services, compel obedience by proceedings as in contempt cases.

History. Enact. Acts 1954, ch. 157, § 17, effective June 17, 1954; 1974, ch. 74, Art. VI, § 65; 1998, ch. 426, § 295, effective July 15, 1998; 2005, ch. 99, § 351, effective June 20, 2005.

211.240. Duties of Attorney General, county, and Commonwealth’s attorneys.

County, Commonwealth’s attorneys, and the Attorney General, shall, within their respective jurisdictions, prosecute all violations of the penal provisions of the public health laws of this Commonwealth.

History. Enact. Acts 1954, ch. 157, § 18, effective June 17, 1954; 1976 (Ex. Sess.), ch. 17, § 46, effective January 1, 1978.

211.250. Political activity by personnel prohibited.

While retaining the right to vote as he may please and to express privately his opinion of all political subjects and issues, neither the commissioner for health services nor any employee of the department shall take any active part in political management or political campaigns, nor shall he use his office or influence for the purpose of interfering in any election or affecting the results thereof, or for the purpose of coercing the political action of any body or person.

History. Enact. Acts 1954, ch. 157, § 19, effective June 17, 1954; 1974, ch. 74, Art. VI, § 66.

211.260. Appeals from action by cabinet.

Any person who is aggrieved by any ruling, decision or action of the cabinet on other than matters of internal administration may appeal to the secretary within thirty (30) days after said ruling, decision or action, by filing with the secretary a written complaint setting out the ruling, decision or action complained of, the reasons that such person is aggrieved and the relief sought by such person.

History. Enact. Acts 1954, ch. 157, § 20, effective June 17, 1954; 1974, ch. 74, Art. VI, § 107(18), (22).

211.270. Payment of travel expenses of personnel.

All officers, assistants and employees of the cabinet shall be paid their necessary traveling expenses while engaged in the discharge of their official and cabinet duties.

History. Enact. Acts 1954, ch. 157, § 21, effective June 17, 1954.

211.280. Powers of cabinet concerning gifts, grants and endowments.

  1. The cabinet may receive and accept gifts and endowments of every kind including gifts and endowments for special purposes and may receive grants from the federal government. Moneys acquired through gifts, endowments or grants shall be deposited in the State Treasury to the credit of a trust or agency fund to be used for the purposes for which they are received. Gifts or endowments with special restrictions as to use or purpose shall be expended in accordance with such restrictions.
  2. The cabinet may mortgage, pledge, sell or convey lands or goods so received unless specifically prohibited by the terms of the gift, proceeds therefrom to go to the credit of a trust or agency fund set out in subsection (1) of this section.

History. Enact. Acts 1954, ch. 157, § 22, effective June 17, 1954.

211.285. Malt beverage educational fund.

  1. There is hereby created the malt beverage educational fund which shall provide moneys on a matching basis for educational information and materials that deter or eliminate underage drinking. The fund shall consist of moneys generated from one percent (1%) of the excise tax collected from the sale and distribution of malt beverages under KRS 243.720 and one percent (1%) of the wholesale tax collected from distributors of malt beverages and microbreweries under KRS 243.884 .
  2. The malt beverage educational fund shall be established in the State Treasury as a trust and revolving account under KRS 45.253 . Moneys in the account shall be distributed by the State Treasurer to the Malt Beverage Educational Corporation, a nonprofit organization that is organized under the laws of this state, upon the authorization of the secretary of the Cabinet for Health and Family Services. The moneys shall be awarded to the corporation solely to fund educational programs to deter or eliminate underage drinking.
  3. The secretary of the Cabinet for Health and Family Services shall authorize that moneys from the fund be disbursed to the corporation upon the secretary’s receipt of a certification from the corporation showing the moneys the corporation has received from malt beverage distributors, microbreweries, and other private sources since the last certification. The moneys disbursed from the fund shall be equal to the contributions that the corporation has received from its members and other private sources during that period. The moneys in the fund shall be disbursed in accordance with a schedule established by the secretary, and shall be disbursed until the moneys in the fund are exhausted or until the moneys in the fund lapse in accordance with subsection (4) of this section, whichever comes first.
  4. Moneys that are credited to the fund and not issued to the corporation shall lapse at the end of the fiscal year and shall be returned to the general fund.
  5. As a condition of receiving the governmental funds, the corporation’s board of directors shall include the following among its directors:
    1. The Governor or his or her designee;
    2. The Attorney General or his or her designee;
    3. The President of the Senate or his or her designee;
    4. The Speaker of the House or his or her designee;
    5. The secretary of the Cabinet for Health and Family Services or his or her designee; and
    6. The commissioner of the Department of Alcoholic Beverage Control or his or her designee.
  6. All expenditures of moneys from the fund shall be approved by a majority of those persons set out in subsection (5)(a) to (f) of this section. If the moneys from the fund are not expended in their entirety, any moneys that remain unused by the corporation at the end of the fiscal year shall be returned to the general fund.
  7. Any moneys from the fund that are not expended shall be returned to the general fund upon the dissolution of the corporation.
  8. Any high school in the Commonwealth of Kentucky that was registered with the Department of Education as of July 1, 1997, may make an application to the Malt Beverage Education Corporation by February 28 of each year and shall be granted a minimum of five hundred dollars ($500) annually from the funds contributed by the malt beverage educational fund for the single purpose of supporting “Project Graduation” events.

HISTORY: Enact. Acts 1998, ch. 225, § 1, effective July 15, 1998; 2005, ch. 99, § 352, effective June 20, 2005; 2010, ch. 24, § 308, effective July 15, 2010; 2018 ch. 16, § 5, effective July 14, 2018.

211.287. Funding by Department for Public Health of position relating to student health services.

  1. The Department for Public Health shall provide fifty percent (50%) of the costs for the position created in KRS 156.501(2). The Department for Public Health may enter into a contractual arrangement, such as a Memorandum of Agreement, with the Department of Education to share the costs.
  2. The Department for Public Health shall provide access, information, assistance, and support to the education school nurse consultant necessary to assist and support the Department of Education to fulfill the duties specified in KRS 156.501 .
  3. It is the intent of the General Assembly that there be no duplication of services or duties between the Department of Education and the Department for Public Health relating to school health services and that the position created in KRS 156.501(2) serve as a technical advisor and liaison among state agencies, local school districts, and local health departments.

History. Enact. Acts 2002, ch. 294, § 3, effective July 15, 2002.

211.295. Definitions for KRS 211.295 to 211.297.

As used in KRS 211.295 to 211.297 :

  1. “Cabinet” means the Cabinet for Health and Family Services;
  2. “Council” means the Palliative Care Interdisciplinary Advisory Council established under KRS 211.296 ;
  3. “Health facility” has the same meaning as in KRS 216B.015 ;
  4. “Medical care” means services provided, requested, or supervised by a physician licensed pursuant to KRS Chapter 311 or advanced practice registered nurse licensed pursuant to KRS Chapter 314;
  5. “Palliative care” means patient-and family-centered medical care that anticipates, prevents, and treats suffering caused by serious illness and involves addressing the physical, emotional, social, and spiritual needs of a patient and facilitating patient autonomy, access to information, and choice. Causing or hastening death shall not be deemed a method for anticipating, preventing, or treating suffering as described in this subsection; and
  6. “Serious illness” means any medical illness, physical injury, or condition that causes substantial suffering for more than a short period of time, including but not limited to Alzheimer’s disease and related dementias, lung disease, cancer, or heart, renal, or liver failure.

HISTORY: 2019 ch. 84, § 1, effective June 27, 2019.

211.296. Palliative Care Interdisciplinary Advisory Council.

  1. The Palliative Care Interdisciplinary Advisory Council is hereby established to improve the quality and delivery of patient-and family-centered care throughout the Commonwealth and to advise the cabinet on matters related to the establishment, maintenance, operation, and outcomes evaluation of palliative care initiatives. The council shall be attached to and administered by the cabinet.
  2. The Governor shall appoint the members of the council to serve three (3) year terms. The council shall consist of thirteen (13) voting members, and may include nonvoting members who are relevant cabinet representatives designated by the Governor. Voting members shall be:
    1. Two (2) members from interdisciplinary medical, nursing, social work, pharmacy, and spiritual professions with palliative care work experience or expertise;
    2. Two (2) members who are either licensed or certified hospice and palliative medicine physicians licensed pursuant to KRS Chapter 311 or licensed or certified hospice and palliative care advanced practice registered nurses licensed pursuant to KRS Chapter 314;
    3. One (1) member who has pediatric palliative care expertise;
    4. One (1) member who is a patient or family caregiver advocate;
    5. One (1) member recommended to the Governor by the Statewide Independent Living Council;
    6. One (1) member recommended to the Governor by the American Cancer Society;
    7. One (1) member recommended to the Governor by the Kentucky Right to Life Association;
    8. One (1) member recommended to the Governor by the Long-Term Care Ombudsman Program;
    9. One (1) member recommended to the Governor by the Kentucky Association of Hospice and Palliative Care;
    10. One (1) member recommended to the Governor by the Kentucky Psychological Association; and
    11. One (1) member recommended to the Governor by the Kentucky Association of Health Care Facilities.
  3. Appointed members of the council shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder.
    1. Members of the council shall elect a chair and vice chair whose duties shall be established by the council. (4) (a) Members of the council shall elect a chair and vice chair whose duties shall be established by the council.
    2. The time and place for regularly scheduled meetings shall be established by a majority vote of the council, but there shall be at least two (2) meetings per year.
    3. The chair or any three (3) voting members shall provide two (2) weeks’ notice to the members regarding an upcoming meeting.

HISTORY: 2019 ch. 84, § 2, effective June 27, 2019.

211.297. Palliative Care Consumer and Professional Information and Education Program.

  1. The statewide Palliative Care Consumer and Professional Information and Education Program is hereby established within the cabinet.
  2. The goals of the Palliative Care Consumer and Professional Information and Education Program shall be to maximize the effectiveness of palliative care initiatives throughout the Commonwealth by ensuring that comprehensive and accurate information and education about palliative care are available to the public, health care providers, and health facilities.
  3. The cabinet shall publish on its Web site information and resources, including links to external resources, about palliative care for the public, health care providers, and health facilities. This shall include but not be limited to:
    1. Continuing education opportunities for health care providers;
    2. Information about palliative care delivery in the home, primary, secondary, and tertiary environments;
    3. Best practices for palliative care delivery; and
    4. Consumer educational materials and referral information for palliative care, including hospice.
    1. The council shall have the authority to review, evaluate, and make recommendations regarding all elements of the Palliative Care Consumer and Professional Information and Education Program, the content of the Web site information and resources described in subsection (3) of this section, and best practices for palliative care delivery and any grants to develop or implement them. (4) (a) The council shall have the authority to review, evaluate, and make recommendations regarding all elements of the Palliative Care Consumer and Professional Information and Education Program, the content of the Web site information and resources described in subsection (3) of this section, and best practices for palliative care delivery and any grants to develop or implement them.
    2. Any evaluations or recommendations shall require the affirmative vote in person, by electronic means, or by proxy of three-fourths (3/4) of the voting members of the council.
    3. Not later than July 1, 2020, and annually thereafter, the council shall submit a report on its findings and recommendations to the commissioner of the Department for Public Health and to the Interim Joint Committee on Health and Welfare and Family Services.

HISTORY: 2019 ch. 84, § 3, effective June 27, 2019.

Medical Scholarships and Loans

211.290. Rural Kentucky medical scholarship fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 181, § 1; 1974, ch. 74, Art. VI, § 107(1), (11)) was repealed by Acts 1990, ch. 482, § 32.

211.300. Declaration of legislative policy and definition for KRS 211.300 to 211.330. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 1.2; 1974, ch. 74, Art. VI, § 107(1), (20); 1980, ch. 188, § 205) was repealed by Acts 1990, ch. 482, § 32.

211.305. Applications for medical education loans and scholarships. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 3; 1974, ch. 74, Art. VI, § 107(20)) was repealed by Acts 1990, ch. 482, § 32.

211.310. Maximum amount and conditions of loan and scholarship. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 4; 1974, ch. 74, Art. VI, § 107(20)) was repealed by Acts 1990, ch. 482, § 32.

211.315. Execution of contract for loan or scholarship. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 5; 1974, ch. 74, Art. VI, § 67) was repealed by Acts 1990, ch. 482, § 32.

211.320. Cancellation of contract — Repayment of loan or scholarship. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 6; 1974, ch. 74, Art. VI, § 107(20)) was repealed by Acts 1990, ch. 482, § 32.

211.325. Contracts with medical schools. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 7; 1974, ch. 74, Art. VI, § 107(20)) was repealed by Acts 1990, ch. 482, § 32.

211.330. Trust or agency fund. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1954, ch. 136, § 7; 1974, ch. 74, Arts. II, § 9(1) and VI, § 107(20)) was repealed by Acts 1990, ch. 482, § 32.

Public and Private Water Supplies

211.345. Programs for testing public and private water supplies and for educating public about proper siting and drilling of wells.

The Department for Public Health in the Cabinet for Health and Family Services shall establish a program for testing, upon request of the owner or user of the water supply, private water supplies for bacterial and chemical contamination, and for educating the public about proper siting and drilling of wells and treatment of wells and other private water supplies. The program shall consist of the following elements:

  1. The development of policies, in conjunction with the Energy and Environment Cabinet, for testing private water supplies and using relevant information in a groundwater database;
  2. The development of a data collection system, in conjunction with the Energy and Environment Cabinet, which shall contain the results of water sample tests and information on well location sufficient to locate the wells on an official map;
  3. The development of a private water supply user’s manual to be made available to the public; and
  4. The development of a technical assistance program for private water supply users.

History. Enact. Acts 1986, ch. 108, § 2, effective July 15, 1986; 1998, ch. 426, § 296, effective July 15, 1998; 2005, ch. 99, § 353, effective June 20, 2005; 2010, ch. 24, § 309, effective July 15, 2010.

On-site Sewage Disposal

211.350. On-site sewage disposal systems — Electronic database — Reports — Regulations — Issuance of permits — Site evaluations and approval of system designs by local health department or licensed professional engineer — Notices of release for electrical wiring — Fees — Farmstead sewage disposal systems.

  1. The cabinet shall regulate the construction, installation, or alteration of on-site sewage disposal systems except for systems that have a surface discharge. The cabinet shall create and maintain an electronic database for Kentucky on-site wastewater systems information, which for each system shall include but not be limited to permit application date, permit application status, system installation date, system type, latitude and longitude of system, records of system plan and site evaluations, inspection dates, and the condition of system at time of inspection. The cabinet shall make data from this system available upon request.
  2. The Department for Public Health shall maintain a current list of approved and experimental on-site wastewater treatment technologies and greywater technologies, which the department shall make available, along with guidance and expertise, to local health departments. Local health departments shall provide the list of approved technologies to on-site wastewater professionals and permit applicants. With respect to on-site sewage disposal systems that utilize greywater to reduce total daily waste flows, the local health department shall inform the permit applicant, at the time of making an application to construct an on-site sewage disposal system that utilizes greywater to reduce daily waste flows, of the opportunity to consult with the environmental health program evaluators in the Division of Public Health Protection and Safety regarding the administrative regulations, permit requirements, and permissible system designs for inclusion and use of greywater.
  3. Site evaluations shall be completed by the local health department within fifteen (15) working days of receipt of the application. If further information is required, the local health department shall promptly notify the applicant and shall have an additional ten (10) working days after that submittal of additional information in which to evaluate and issue or deny the permit. It shall be the responsibility of the property owner or owner’s agent to protect and maintain the suitability of an approved site and to notify the local health department for a reinspection if site conditions substantively change. If a site previously determined to be suitable is thereafter declared unsuitable by the local health department, remedial measures shall be provided in writing to the property owner or owner’s agent within fifteen (15) working days.
  4. After the conclusion of the site evaluation, the local health department shall, upon request, provide a list of all options that may be approved for the property, including new and emerging technologies. It shall be the responsibility of the owner of advanced treatment, alternative, experimental, or new and emerging technology systems to contract with a management entity, certified system operator, or trained system operator to develop and implement an approved operations and maintenance plan specific to, and appropriate for, the approved system.
  5. No person, firm, or corporation shall construct, install, alter, or cause to be constructed, installed, or altered, any on-site sewage disposal system subject to regulation by the cabinet without having first obtained an on-site sewage disposal permit from the local health department. In lieu of inspection and certification by the local health department a licensed professional engineer in private practice licensed by the Commonwealth of Kentucky may perform site evaluations and approve system designs for an on-site sewage disposal system including those systems that utilize greywater for reductions in daily waste flows for the person, firm, or corporation and apply for the permit from the local health department. The final systems installation inspection shall be performed by the local health department as soon as practicable. All applicable provisions of KRS Chapter 322 shall govern the licensed professional engineer. A professional engineer shall not perform site evaluations, approve system designs, or certify system installations of an on-site sewage disposal system on property owned by himself, an employee, or a partner of an engineering firm by which he is employed, or on property owned by the engineering firm. Nothing in this section shall be construed to deny a farmstead owner the right to obtain a permit. Except for farmstead owners on their own property, the construction, installation, or alteration shall be performed only by a person certified by the cabinet pursuant to KRS 211.357 .
  6. A local health department that issues a permit for an on-site sewage disposal system, including systems that utilize greywater to reduce total daily waste flows, based on the site evaluation or system design of a licensed professional engineer in private practice licensed by the Commonwealth of Kentucky shall not be held liable for any defects or failures of the on-site sewage disposal system due to the site evaluation or system design.
  7. No person, firm, or corporation shall use or continue to use or permit the use or continued use of any on-site sewage disposal system, including those systems that utilize greywater to reduce total daily waste flows, that is constructed, installed, or altered under an on-site sewage disposal permit if the cabinet or local health department through a duly authorized inspector, employee, agent, or licensed professional engineer in private practice licensed by the Commonwealth of Kentucky finds that the system was not constructed, installed, or altered in conformance with the permit and regulations issued by the cabinet.
  8. No certified electrical inspector acting under authority of KRS 227.491 shall issue the certificates of approval of temporary or permanent electrical wiring unless the inspector has in his or her possession a notice of release as described in paragraphs (a) and (b) of this subsection. The inspector shall record the number of the notice of release on the certificate of approval. The person requesting approval of electrical wiring shall be responsible for obtaining the release from the local health department and providing it to the electrical inspector. This requirement shall only apply to dwellings, mobile homes, manufactured housing, buildings, or other structures that are constructed or installed after July 15, 1998. This requirement shall not apply to structures that do not have sewage waste fixtures or to those that are connected to a sewage waste disposal system approved by the Energy and Environment Cabinet. Nothing in this section shall be construed to deny the continued use of any electrical service connected to wiring approved prior to July 15, 1998.
    1. An initial notice of release to allow temporary electrical power for construction shall be issued to the property owner or owner’s agent by the local health department upon the application for a site evaluation.
    2. A final notice of release to allow for permanent electrical power shall be issued to the property owner or owner’s agent by the local health department upon approval of an on-site sewage disposal plan.
    3. This section shall not apply to any county that has adopted the Uniform State Building Code and has and enforces on-site sewage disposal permitting.
  9. All applications for on-site sewage disposal permits shall be accompanied by plans and specifications for the proposed system, including results of soils tests and other information as directed by the cabinet by regulation. If the site evaluation or approval of the system design is performed by a licensed professional engineer in private practice licensed by the Commonwealth of Kentucky, the application shall be accompanied by a statement by the engineer that he has met the requirements of the regulations issued by the cabinet for site evaluation and system design. Any action to deny an application shall be subject to appeal, and upon appeal an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
  10. The cabinet shall fix a schedule of fees for the functions performed by the cabinet relating to the regulation of on-site sewage disposal systems. The fees shall be designed to fully cover the cost of the service performed but shall not exceed the cost of the service performed. Fees payable to the cabinet shall be paid into the State Treasury and credited to a trust and agency fund to be used by the cabinet in carrying out its responsibilities relating to the regulation of on-site sewage disposal systems. No part of the fund shall revert to the general fund of the Commonwealth.
  11. Any regulation relating to on-site sewage disposal that is in effect on July 15, 1992, shall remain in effect until altered by the secretary, except that administrative regulations that govern total daily waste flows shall be updated in accordance with KRS 211.351 . The secretary may issue additional regulations necessary to carry out the purposes of this section.
  12. Nothing in this section shall authorize or allow the cabinet to inspect or take enforcement action against on-site sewage disposal systems installed on farmsteads prior to July 15, 1992, or modifications to those systems unless the actions are determined in writing by the cabinet, upon a written, verified complaint, to be necessary to prevent imminent harm or damage to the safety, life, or health of a person. In this instance, the cabinet shall deliver to the landowner a copy of the written determination and the verified complaint prior to the commencement of the inspection or enforcement action.
  13. As used in this section:
    1. “Blackwater” means wastewater containing liquid or solid waste generated through use of a urinal, water closet, garbage disposal, or similar sanitary fixture; and
    2. “Greywater” means wastewater generated by hygiene activities, including but not limited to wastewater from laundry, lavatory sinks, and showers, but shall exclude kitchen sinks and food preparation sinks. “Greywater” does not include blackwater.

HISTORY: Enact. Acts 1982, ch. 392, § 1, effective July 15, 1982; 1984, ch. 387, § 1, effective July 13, 1984; 1986, ch. 354, § 1, effective July 15, 1986; 1988, ch. 372, § 2, effective July 15, 1988; 1992, ch. 216, § 2, effective July 14, 1992; 1996, ch. 318, § 105, effective July 15, 1996; 1998, ch. 570, § 1, effective July 15, 1998; 2001, ch. 117, § 1, effective March 19, 2001; 2006, ch. 191, § 1, effective July 12, 2006; 2010, ch. 24, § 310, effective July 15, 2010; 2016 ch. 108, § 1, effective July 15, 2016; 2017 ch. 80, § 39, effective June 29, 2017.

Legislative Research Commission Note.

(7/15/2016). 2016 Ky. Acts ch. 108, sec. 1 inserted a reference to “the Department for Public Health Protection and Safety” into subsection (2) of this statute. In codification, this reference has been changed to read “the Division of Public Health Protection and Safety.” The Reviser of Statutes has made this correction under the authority of KRS 7.136(1).

Opinions of Attorney General.

A sanitarian who performs a percolation test as a private business should not take any part in the decision on a permit for a subsurface disposal system that relies on the percolation test he performed. Additionally, the sanitarian should not perform the inspection of the installation of that same subsurface disposal system because of the appearance of conflicting loyalties presented. OAG 82-338 .

The homestead exemption in KRS 318.015(3) has no application to the reenacted sewage disposal statutes in KRS 211.350 et seq. OAG 84-191 .

211.351. Administrative regulations that update daily waste flow charts and include methodology for using conservation credits for greywater systems — State primacy in allowable greywater use.

  1. Ninety (90) days from July 15, 2016, the cabinet shall promulgate administrative regulations that update the daily waste flow charts to account for technological improvements in water-using fixtures and appliances that reduce water usage. The cabinet also shall include a methodology for using conservation credits for greywater systems that reduce total daily waste flows.
  2. No political subdivision of the state shall prohibit the use of greywater reduction of average daily waste flows by policy, rule, or ordinance if the greywater use is allowed pursuant to a permit issued under KRS 211.350 .

HISTORY: 2016 ch. 108, § 2, effective July 15, 2016.

211.355. Fees set by local board of health — Inspections to be made only on systems constructed after July 15, 1986 — Exception.

  1. Any local board of health authorized to serve as agent of the Cabinet for Health and Family Services for the issuance of permits for on-site sewage disposal systems may set a schedule of fees reasonably related to the cost of administering programs including:
    1. Inspections incidental to construction, installation, and alteration of on-site sewage disposal systems; and
    2. Inspections incidental to maintenance and operation of on-site sewage disposal systems.
  2. Such fees shall be designed to fully cover the cost of the services but shall not exceed the cost of the services performed. Fees payable to the board shall be used by the board only for the administration of said program.
  3. Nothing in this section shall authorize or allow the cabinet to inspect any on-site sewage disposal system constructed prior to July 15, 1986, unless such inspection is deemed necessary due to receipt of a complaint by the cabinet or the local health department. In such an instance, the cabinet shall document or shall require the local health department to document the source and nature of such complaint.

History. Enact. Acts 1982, ch. 392, § 2, effective July 15, 1982; 1986, ch. 354, § 3, effective July 15, 1986; 1998, ch. 426, § 297, effective July 15, 1998; 2005, ch. 99, § 354, effective June 20, 2005.

NOTES TO DECISIONS

1. In General.

In an action challenging the denial of a permit, plaintiffs must show that they had a legitimate claim of entitlement to the permit, not a mere expectation. In approaching this question, courts often look to whether the issuance of the permit involved a significant degree of discretion to the extent that a claim of entitlement would not be legitimate. Under the present circumstances, plaintiffs claim that because KRS 211.355(3) appears to strip the Health District’s authority to inspect on-site sewage disposal systems “constructed prior to July 15, 1986,” they were legitimately entitled to the food service permit fails. Nothing in the record suggests that Plaintiffs were guaranteed the permit had inspection of the waste disposal system been disallowed. Even the Health District’s eventual approval of Plaintiffs’ permit application following the injunction issued by the Kentucky Court of Appeals does not alter the reality that the Health District retains a significant degree of discretion in issuing food service permits. Clair v. N. Ky. Indep. Health Dist., 504 F. Supp. 2d 206, 2006 U.S. Dist. LEXIS 67163 (E.D. Ky. 2006 ), aff'd, 239 Fed. Appx. 997, 2007 FED App. 0651N, 2007 U.S. App. LEXIS 21580 (6th Cir. Ky. 2007 ).

211.357. Certification of installers of on-site sewage disposal systems — Fees.

  1. The cabinet shall establish a program to certify persons as installers of on-site sewage disposal systems. A master plumber licensed pursuant to KRS Chapter 318 or a person who provides written verification from the local health department in the county in which the work was completed that he installed five (5) lateral fields and septic tank systems prior to July 13, 1984, and that these installations had been inspected by a certified inspector and passed inspection, shall be certified automatically.
  2. The cabinet shall establish as a part of the certification program referenced in subsection (1) of this section a means of issuing a probationary certification for installers of on-site sewage disposal systems. This probationary certification shall automatically be converted to a full certification at the time that the holder of the probationary certificate has installed five (5) lateral fields and septic tank systems and has provided written verification from the local health department in the county in which the work was completed that these installations have been inspected by a certified inspector and passed the inspection. The cabinet shall issue a full certificate to the holder of the probationary certificate no later than sixty (60) days after receipt of verification. In order to be issued a probationary certification, eligible persons shall certify in writing that they will make installations in accordance with requirements set forth by the Cabinet for Health and Family Services.
  3. The cabinet may promulgate administrative regulations to establish a fee that:
    1. Shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185 ;
    2. Beginning on March 17, 2020 until December 31, 2020, shall not increase more than twenty-five percent (25%) of the fee amount on March 17, 2020; and
    3. Beginning on or after January 1, 2021, shall not increase more than five percent (5%) for each year thereafter; and
    4. Shall be paid by persons certified as installers, except master plumbers licensed pursuant to KRS Chapter 318.
  4. The cabinet may revoke or suspend any certification issued pursuant to this section upon proof that the certified person has:
    1. Knowingly violated the provisions of this chapter or the regulations of the cabinet;
    2. Practiced fraud or deception in applying for or obtaining a certificate;
    3. Is incompetent to install on-site sewage disposal systems;
    4. Permitted the certification to be used directly or indirectly by another to install on-site sewage disposal systems; or
    5. Is guilty of other unprofessional or dishonorable conduct of a character likely to deceive or defraud the public.
  5. Upon appeal of any decision to revoke or suspend a certification, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.
  6. Nothing in this section shall be construed to condone the installation of on-site sewage disposal systems contrary to specifications for these systems established by the cabinet.

History. Enact. Acts 1986, ch. 354, § 2, effective July 15, 1986; 1996, ch. 318, § 106, effective July 15, 1996; 1998, ch. 426, § 298, effective July 15, 1998; 2005, ch. 99, § 355, effective June 20, 2005; 2018 ch. 136, § 8, effective July 1, 2019; 2020 ch. 21, § 6, effective March 17, 2020.

211.360. Certification of inspectors.

  1. The cabinet shall establish a program to certify persons as inspectors solely for on-site sewage disposal systems. Persons eligible for certification shall include sanitarians, engineers, soil scientists, and other qualified persons as determined by regulation by the cabinet. In order to be certified by the cabinet, eligible persons shall:
    1. Attend a training session concerning the proper construction and installation of on-site sewage disposal systems conducted by the cabinet;
    2. Indicate sufficient skill and competency necessary for proper inspection of on-site sewage disposal systems by adequate performance on an examination prescribed by the cabinet;
    3. Pay a reasonable fee related to the cost of conducting training and certification sessions to be utilized to defray the cost of conducting the sessions; and
    4. Renew the certificates of competence at reasonable intervals.
  2. No person shall approve the construction, installation, or alteration of an on-site sewage disposal system unless it is in conformance with the regulations issued by the cabinet.
  3. The cabinet may revoke or suspend any certification issued pursuant to this section upon proof that the certified person has:
    1. Knowingly violated the provisions of this chapter or the regulations of the cabinet;
    2. Practiced fraud or deception in applying for or obtaining a certificate;
    3. Is incompetent to perform inspection services;
    4. Permitted the certification to be used directly or indirectly by another to obtain or perform inspections; or
    5. Is guilty of such other unprofessional or dishonorable conduct of a character likely to deceive or defraud the public.
  4. Upon appeal of any decision to revoke or suspend a certification, an administrative hearing shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1982, ch. 392, § 3, effective July 15, 1982; 1996, ch. 318, § 107, effective July 15, 1996.

Opinions of Attorney General.

A sanitarian who performs a percolation test as a private business should not take any part in the decision on a permit for a subsurface disposal system that relies on the percolation test he performed. Additionally, the sanitarian should not perform the inspection of the installation of that same subsurface disposal system because of the appearance of conflicting loyalties presented. OAG 82-338 .

211.365. Office space.

In order to provide for the issuance of plumbing installation permits pursuant to KRS Chapter 318 and on-site sewage disposal permits pursuant to this chapter in a manner convenient to the public, the Cabinet for Health and Family Services shall provide office space in the local departments of health for the district plumbing inspector without fee or charge to the Department of Housing, Buildings and Construction.

History. Enact. Acts 1982, ch. 392, § 4, effective July 15, 1982; 1998, ch. 426, § 299, effective July 15, 1998; 2005, ch. 99, § 356, effective June 20, 2005; 2010, ch. 24, § 311, effective July 15, 2010.

211.370. Issuance of plumbing installation permits for on-site sewage disposal systems — Local board of health as agent for cabinet — Regulations.

The commissioner of the Department for Public Health shall, upon written request from a local board of health, authorize the local board of health to serve as its agent to issue permits for on-site sewage disposal systems as described in KRS 211.350 within that area of local board jurisdiction. As agent, the authorized local board of health shall act for the cabinet in issuing permits and granting variances for on-site sewage disposal systems. Actions by the local board of health shall comply with the regulations established by the cabinet relating to on-site sewage disposal systems. The local board of health shall include in the written request a procedure for administering this section. The local board of health may adopt regulations relating to the proper operation and maintenance of on-site sewage disposal systems. In counties containing a city of the first class or a consolidated local government and in urban-counties, the local board of health may adopt regulations relating to the proper construction, installation, and alteration of on-site sewage disposal systems which are more stringent than the regulations adopted by the cabinet.

History. Enact. Acts 1976 (Ex. Sess.), ch. 13, § 30; 1978, ch. 155, § 154, effective June 17, 1978; 1978, ch. 244, § 1, effective June 17, 1978; repealed, reenact. and amend., Acts 1982, ch. 392, § 10, effective July 15, 1982; 1986, ch. 354, § 4, effective July 15, 1986; 1998, ch. 426, § 300, effective July 15, 1998; 2002, ch. 346, § 202, effective July 15, 2002; 2006, ch. 191, § 2, effective July 12, 2006.

Compiler’s Notes.

This section was formerly compiled as KRS 318.310 and was repealed, reenacted and amended as this section by Acts 1982, ch. 392, § 10.

Opinions of Attorney General.

A city cannot, pursuant to its zoning authority and jurisdiction, change or nullify the frontage restriction set by the local board of health for lots on which the construction of subsurface septic tanks are to be permitted. OAG 80-531 .

Local boards of health act as agents of the department (now cabinet) in enforcing such regulations governing on-site disposal systems and granting building permits; local regulations may be more stringent than those of the state. OAG 80-531 .

211.375. On-site sewage disposal manuals — Fees — Training of personnel.

  1. The cabinet shall solicit and collect technical information relating to improved methods for construction, use, and rehabilitation of septic tanks and drain fields and use of alternative on-site sewage disposal systems and technologies.
  2. The cabinet shall compile such information in manual form so as to identify common on-site sewage disposal problems and a range of alternative solutions to such problems. Such manuals shall be made available upon request to local boards of health, local departments of health, other agencies, and interested persons.
  3. The cabinet shall further update the information contained in the manual on an annual basis or as necessary and disseminate the updated information to such local boards of health, local departments of health, other agencies, and interested persons.
  4. The cabinet shall develop a nontechnical manual for use by the homeowner to be disseminated upon request to interested agencies and persons containing information on the proper operation, use and maintenance of septic tanks and drain fields and other on-site sewage disposal systems.
  5. The cabinet may establish by regulation a fee or schedule of fees for on-site sewage disposal manuals based on the cost of publication and dissemination of such manuals.
  6. The cabinet shall provide training and continuing education programs to field personnel relating to on-site sewage disposal.

History. Enact. Acts 1980, ch. 148, § 1, effective July 15, 1980; repealed and reenact., Acts 1982, ch. 392, § 11, effective July 15, 1982.

Compiler’s Notes.

This section was formerly compiled as KRS 318.330 and was repealed and reenacted as this section by Acts 1982, ch. 392, § 11.

211.380. Permit for approved on-site sewage disposal system other than a septic tank.

If a proposed site fails to meet the criteria established by the cabinet for a septic tank system, a permit shall be granted for an approved on-site sewage disposal system other than a septic tank, including modified subsurface systems, mechanical systems, and any other system appropriate to the individual characteristics of the site which will provide sewage treatment that meets established water quality criteria and health standards.

History. Enact. Acts 1976 (1st Ex. Sess.), ch. 13, § 31; repealed, reenact. and amend., Acts 1982, ch. 392, § 12, effective July 15, 1982.

Compiler’s Notes.

This section was formerly compiled as KRS 318.320 and was repealed, reenacted and amended as this section by Acts 1982, ch. 392, § 12.

Fluidized Bed Energy Production Facilities

211.390. Definitions for KRS 211.392.

  1. “Fluidized bed energy production facility” shall mean a fluidized bed combustion unit, installed in a plant facility located in this state, which is fueled by Kentucky coal and which employs fluidized bed combustion technology, installed on or after August 1, 1986, to burn said coal for the purpose of producing thermal, mechanical or electrical energy. The energy produced through the employment of the fluidized bed combustion technology must constitute the major energy source for the primary operations of the plant facility.
  2. “Fluidized bed combustion technology tax exemption certificate” shall mean that certificate issued by the Department of Revenue pursuant to KRS 211.392 .

History. Enact. Acts 1986, ch. 476, § 1, effective July 15, 1986; 1994, ch. 488, § 6, effective July 15, 1994; 2005, ch. 85, § 625, effective June 20, 2005.

211.392. Fluidized bed combustion technology tax exemption certificate.

  1. Application for a fluidized bed combustion technology tax exemption certificate shall be filed with the Department of Revenue in the manner and form prescribed by the Department of Revenue and shall contain plans and specifications of the fluidized bed combustion unit including all materials incorporated and to be incorporated therein and a descriptive list of all equipment acquired or to be acquired by the applicant for the purpose of installing a fluidized bed combustion unit to reduce the sulfur emissions from coal combustion and any additional information deemed useful by the Department of Revenue for the proper administration of this section. If the Department of Revenue finds that the facility qualifies as a fluidized bed energy production facility, it shall enter a finding and issue a certificate to that effect. The effective date of the certificate shall be the date of issuance of the certificate.
  2. Before the denial, revocation, or modification of a fluidized bed combustion technology tax exemption certificate, the Department of Revenue shall give the applicant written notice and shall afford the applicant an opportunity for a conference. The conference shall take place within sixty (60) days following notification. The Department of Revenue shall on its own initiative revoke the certificate when any of the following appears:
    1. The certificate was obtained by fraud or misrepresentation;
    2. The holder of the certificate has failed substantially to proceed with the construction, reconstruction, installation, or acquisition of the fluidized bed combustion unit; or
    3. The fluidized combustion unit to which the certificate relates has ceased to be the major energy source for the primary operations of the plant facility.
  3. If the circumstances so require, the Department of Revenue, in lieu of revoking the certificate, may modify it.
  4. On mailing of notice of the action of the Department of Revenue revoking or modifying a certificate as provided in subsection (5) of this section, the certificate shall cease to be in force or shall remain in force only as modified as the case may require.
  5. A fluidized bed combustion technology tax exemption certificate, when issued, shall be sent by certified mail to the applicant. Notice of an order of the Department of Revenue denying, revoking, or modifying a certificate in the form of certified copies shall be sent by certified mail to the applicant or the holder.
  6. The applicant or holder of the certificate aggrieved by the refusal to issue, revocation, or modification of a fluidized bed combustion technology tax exemption certificate may appeal from the final ruling of the Department of Revenue to the Kentucky Claims Commission pursuant to KRS 49.220 .
  7. In the event of the sale, lease, or other transfer of a fluidized bed combustion unit, not involving a different location or use, the holder of the fluidized bed construction technology tax exemption certificate for the facility may transfer the certificate by written instrument to the person who, except for the transfer of the certificate, would be obligated to pay taxes on the facilities. The transferee shall become the holder of the certificate and shall have all rights pertaining thereto, effective as the date of transfer, together with a copy of the instrument of transfer to the Department of Revenue.
  8. In the event a fluidized bed combustion unit for which an exemption certificate is held ceases to be used for the purpose of generating energy or is used for a purpose other than that for which the exemption certificate was granted, the holder of the certificate shall give written notice by certified mail of such change to the Department of Revenue.
  9. The fluidized bed combustion technology tax exemption certificate, upon approval, shall exempt the facilities from taxes outlined in the provision of this section and KRS Chapters 132, 136, 138, and 139. Each exemption certificate shall remain in force for a period of eight (8) years from the date of issuance and at the end of said period shall lapse. Any fluidized bed combustion unit previously exempt under the terms of this section shall not be eligible for recertification upon completion of the eight (8) year certificate period.

HISTORY: Enact. Acts 1986, ch. 476, § 2, effective July 15, 1986; 1990, ch. 325, § 27, effective July 13, 1990; 1994, ch. 488, § 7, effective July 15, 1994; 2005, ch. 85, § 626, effective June 20, 2005; 2017 ch. 74, § 94, effective June 29, 2017.

Use of Toilet Facilities in Public or Semipublic Building

211.394. Definitions for KRS 211.394 and 211.395.

As used in this section and KRS 211.395 :

  1. “Department” means the Department for Public Health;
  2. “Eligible medical condition” means Crohn’s disease, ulcerative colitis, irritable bowel syndrome or other inflammatory bowel disease, or any other medical condition that requires immediate access to a toilet facility; and
  3. “Person” means an individual who is lawfully on the premises of a public or semipublic building regulated by KRS 211.180 .

History. Enact. Acts 2008, ch. 23, § 1, effective July 15, 2008.

211.395. Use of toilet facilities in public or semipublic building — Conditions — Immunity from civil liability.

  1. The department shall inform the operator of any public or semipublic building regulated by KRS 211.180 that has a toilet facility for its employees that a person may use that facility during normal business hours if all of the following conditions are met:
    1. The person requesting the use of the employee toilet facility provides the public or semipublic building operator with evidence of the person’s eligible medical condition including:
      1. A copy of a statement signed by a physician, defined in KRS 311.550 , a physician assistant, defined in KRS 311.840 , or an advanced practice registered nurse, defined in KRS 314.011 , that indicates the person has an eligible medical condition or uses an ostomy device; or
      2. An identification card that is issued by a nationally recognized health organization and that indicates the person has an eligible medical condition or uses an ostomy device;
    2. Three (3) or more employees of the public or semipublic building are on the premises at the time the person requests use of the employee toilet facility;
    3. The public or semipublic building operator does not normally make a toilet facility available to the public;
    4. The employee toilet facility is not located in an area where providing access would create an obvious health or safety risk to the person requesting to use the facility or an obvious risk to the public or semipublic building; and
    5. A public toilet facility is not immediately accessible to the person.
    1. The public or semipublic building operator is not civilly liable for any act or omission in allowing a person that has an eligible medical condition or uses an ostomy device to use an employee toilet facility that is not a public rest room if the act or omission meets the following requirements: (2) (a) The public or semipublic building operator is not civilly liable for any act or omission in allowing a person that has an eligible medical condition or uses an ostomy device to use an employee toilet facility that is not a public rest room if the act or omission meets the following requirements:
      1. It is not willful or grossly negligent; and
      2. It occurs in an area of the public or semipublic building that is not accessible to the public.
    2. The public or semipublic building operator is not civilly liable to any individual accompanying a person with an eligible medical condition or who uses an ostomy device upon the same conditions and requirements as those set forth in subsection (2)(a) of this section.
  2. The public or semipublic building operator is not required to make any physical changes to an employee toilet facility under KRS 211.394 and this section.

History. Enact. Acts 2008, ch. 23, § 2, effective July 15, 2008; 2010, ch. 85, § 36, effective July 15, 2010.

Kentucky Physicians Care Program

211.400. Kentucky Physicians Care Program — Provision of primary health care services to eligible individuals — Volunteer networks — Advisory committees. [Repealed effective July 15, 2020]

  1. To the extent possible with available funds, the Cabinet for Health and Family Services shall establish and operate the Kentucky Physicians Care Program to assist low-income uninsured and underinsured individuals in accessing primary health care services provided by volunteer health care practitioners and pharmaceutical drugs donated by pharmaceutical companies.
  2. The program may access networks of practitioners, pharmacies, and pharmaceutical companies that are maintained by entities that recruit volunteers and donations, such as Health Kentucky, Inc. and the Kentucky Free Health Clinic Association, to locate necessary health care services for eligible applicants.
  3. The program shall:
    1. Operate and maintain a professionally staffed toll-free hotline information and referral service for individuals seeking primary care;
    2. Refer individuals seeking health care services to the Department for Community Based Services or other enrollment sites approved by the cabinet for eligibility determination;
    3. Refer individuals determined to be eligible to available health care service providers; and
    4. Maintain a confidential record of all referrals.
  4. The program may:
    1. Create temporary volunteer advisory committees to provide input on program operations and efficiencies;
    2. Contract with qualified, independent third parties to provide services; and
    3. Apply for federal funds or other grants to operate the program.

History. Enact. Acts 2006, ch. 155, § 1, effective July 12, 2006; 2013, ch. 118, § 6, effective June 25, 2013.

211.400. Kentucky Physicians Care Program — Provision of primary health care services to eligible individuals — Volunteer networks — Advisory committees. [Repealed effective July 15, 2020]

HISTORY: Enact. Acts 2006, ch. 155, § 1, effective July 12, 2006; 2013, ch. 118, § 6, effective June 25, 2013; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

211.402. Application for services from Kentucky Physicians Care Program — Referral by Department for Community Based Services — Fee for services prohibited. [Repealed effective July 15, 2020]

  1. Individuals may apply for primary care services available from the Kentucky Physicians Care Program in their local Department for Community Based Services office or other enrollment sites approved by the cabinet.
  2. If an individual is determined to be eligible, the department shall refer the individual to the program. An individual shall be eligible for services available under the program for one (1) year and may reapply.
  3. Services that may be available from the program include but are not limited to visits to health care professionals and prescription drugs donated by pharmaceutical companies and filled by retail and hospital pharmacies. Eligibility for the program does not guarantee an individual access to free services not available under the program.
  4. Individuals shall not be charged a fee for services provided under this program.
  5. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to establish eligibility criteria and implement the provisions of KRS 211.400 and 211.402 .

History. Enact. Acts 2006, ch. 155, § 2, effective July 12, 2006; 2013, ch. 118, § 7, effective June 25, 2013.

211.402. Application for services from Kentucky Physicians Care Program — Referral by Department for Community Based Services — Fee for services prohibited. [Repealed effective July 15, 2020]

HISTORY: Enact. Acts 2006, ch. 155, § 2, effective July 12, 2006; 2013, ch. 118, § 7, effective June 25, 2013; repealed by 2020 ch. 36, § 44, effective July 15, 2020.

Dental Scholarships

211.405. Purpose of rural dental scholarship fund.

In enacting legislation relating to a rural Kentucky dental scholarship fund, the General Assembly has as its purpose the alleviation of the shortage of dentists in certain rural areas of the Commonwealth.

History. Enact. Acts 1958, ch. 35, § 1, effective June 19, 1958.

211.410. Definition for KRS 211.405 to 211.460.

As used in KRS 211.405 to 211.460 , unless the context requires otherwise, “board” means the Kentucky Board of Dentistry.

History. Enact. Acts 1958, ch. 35, § 2, effective June 19, 1958.

211.420. Rural Kentucky dental scholarship fund — Granting scholarships.

  1. There is hereby established within the Cabinet for Health and Family Services, a rural Kentucky dental scholarship fund.
  2. There shall be available each fiscal year to applicants selected by the board with the approval of the Dental Health Program of the Cabinet for Health and Family Services, no less than ten (10) scholarships for the study of dentistry leading to the attainment of the degree of Doctor of Dental Surgery, or some equivalent degree.
  3. The amount of each scholarship shall be a reasonable sum determined by the board, but shall not be less than one thousand five hundred dollars ($1,500) per annum.
  4. In granting scholarships the board shall make a careful and full investigation of the ability, character, and qualifications of each applicant, and may personally examine each applicant. The board shall, whenever possible, grant financial assistance to the applicants with the greatest financial need, provided such persons are found to possess such qualities as give reasonable assurance of their successfully completing the course of study made possible by the scholarship.

History. Enact. Acts 1958, ch. 35, § 3, effective June 19, 1958; 1974, ch. 74, Art. VI, § 68; 1974, ch. 231, § 1; 1974, ch. 365, § 1; 1998, ch. 426, § 301, effective July 15, 1998; 2005, ch. 99, § 357, effective June 20, 2005.

211.430. Eligibility of applicants — Contract to practice.

  1. To be eligible for a scholarship made available under KRS 211.405 to 211.460 , an applicant must:
    1. Have been a resident of this Commonwealth for not less than five (5) years immediately preceding the date of application;
    2. Be acceptable for enrollment in a dental school accredited by the Council on Dental Education of the American Dental Association, and approved by the board; and
    3. Furnish satisfactory evidence to the board that he does not have sufficient financial resources to enable him to study dentistry without assistance.
  2. Before a scholarship is granted, the applicant shall contract in writing with the board, that he will, within six (6) months from the date he completes his term of study, engage in the practice of dentistry in a locality or localities within this Commonwealth to be designated by the Dental Health Program of the Cabinet for Health and Family Services, at the rate of one (1) year for each annual scholarship received, or proportional time for partial scholarships.

History. Enact. Acts 1958, ch. 35, § 4, effective June 19, 1958; 1974, ch. 231, § 2; 1974, ch. 365, § 2; 1998, ch. 426, § 302, effective July 15, 1998; 2005, ch. 99, § 358, effective June 20, 2005.

211.440. Effect of breach of contract.

  1. If the recipient of a scholarship fails, without justifiable cause to practice dentistry in the locality designated, the entire amount of scholarship benefits received under the provisions of KRS 211.405 to 211.460 plus six percent (6%) interest thereon, shall become due and payable. However, where the board determines there is justifiable cause for the failure to practice, it may relieve the recipient of the obligation to practice, and shall provide for repayment of the amount received plus six percent (6%) interest on any terms it deems proper.
  2. Upon recommendation of the board, the Attorney General shall institute proceedings for the purpose of recovering any amount due the Commonwealth under the provisions of this section.
  3. Failure of a recipient of a scholarship to perform his obligations with respect to his contract to practice in a designated locality shall constitute grounds for revocation of his license to practice dentistry within the Commonwealth.

History. Enact. Acts 1958, ch. 35, § 5, effective June 19, 1958.

211.450. Administrative regulations.

The board may promulgate reasonable rules and regulations for the purpose of carrying out the provisions of KRS 211.405 to 211.460 .

History. Enact. Acts 1958, ch. 35, § 6, effective June 19, 1958.

211.460. Disposition of funds.

Funds appropriated for the purpose of the rural Kentucky dental scholarship fund, and sums received as a result of violations of service agreements shall be placed in the State Treasury to the credit of a trust or agency fund for the purpose of carrying out the provisions of KRS 211.405 to 211.460 . Provided, however, that any sums in excess of fifty thousand dollars ($50,000) at the end of each biennium shall revert to the general fund.

History. Enact. Acts 1958, ch. 35, § 7, effective June 19, 1958.

Utilization Review

211.461. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 451, § 1, effective July 13, 1990; 1998, ch. 426, § 303, effective July 15, 1998) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-600 .

211.462. Registration of private review agent required — Exceptions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 451, § 2, effective July 13, 1990) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-605 .

211.463. Duties of private review agent regarding utilization review. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 451, § 3, effective July 13, 1990) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-607 .

211.464. Regulations — Reporting requirements — Copies of policies or procedures — List of registered agents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 451, § 4, effective July 13, 1990; 1996, ch. 318, § 109, effective July 15, 1996; 1998, ch. 426, § 304, effective July 15, 1998) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-609 .

211.465. Procedures for registration and renewal. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 451, § 5, effective July 13, 1990) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-607 .

211.466. Enjoining operation of improperly registered agent. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1990, ch. 451, § 6, effective July 13, 1990) was repealed by Acts 2000, ch. 262, § 35, effective July 14, 2000. For present law, see KRS 304.17A-607 .

Traumatic Brain Injuries

211.470. Definitions for KRS 211.470 to 211.478.

As used in KRS 211.470 to 211.478 :

  1. “Board” means the Traumatic Brain Injury Trust Fund Board created pursuant to KRS 211.472 ;
  2. “Cabinet” means the Cabinet for Health and Family Services;
  3. “Traumatic brain injury” means a partial or total disability caused by injury to the central nervous system from physical trauma, damage to the central nervous system from anoxia, hypoxic episodes, allergic conditions, toxic substances, or other acute medical clinical incidents resulting in impaired cognitive abilities or impaired physical functioning. “Traumatic brain injury” does not include:
    1. Strokes that can be treated in nursing facilities providing routine rehabilitation services;
    2. Spinal cord injuries for which there are no known or obvious injuries to the intracranial central nervous system;
    3. Progressive dementias and other mentally impairing conditions;
    4. Depression and psychiatric disorders in which there is no known or obvious central nervous system damage;
    5. An intellectual disability and birth defect related disorders of long standing nature; or
    6. Neurological degenerative, metabolic, and other medical conditions of a chronic, degenerative nature; and
  4. “Trust fund” means the traumatic brain injury trust fund created pursuant to KRS 211.476 .

History. Enact. Acts 1998, ch. 124, § 1, effective July 15, 1998; 2000, ch. 124, § 1, effective July 14, 2000; 2005, ch. 99, § 359, effective June 20, 2005; 2012, ch. 146, § 99, effective July 12, 2012.

211.472. Kentucky Traumatic Brain Injury Trust Fund Board.

  1. The Kentucky Traumatic Brain Injury Trust Fund Board is hereby created for the purpose of administering the trust fund. The board shall be composed of nine (9) members including the secretary of the Cabinet for Health and Family Services or the secretary’s designee, the executive director of the Brain Injury Association of Kentucky or the executive director’s designee, the state medical epidemiologist, and the following members, to be appointed by the Governor:
    1. One (1) member shall be a neurosurgeon;
    2. One (1) member shall be a neuropsychologist or psychiatrist;
    3. One (1) member shall be a rehabilitation specialist;
    4. One (1) member shall be a social worker experienced in working with brain-injured individuals; and
    5. Two (2) members shall be family members of or individuals with a brain injury.
  2. Board members shall not be compensated for serving, but shall be reimbursed for ordinary travel expenses, including meals and lodging incurred in the performance of their duties.
  3. The terms of appointed board members shall be four (4) years, except that the terms of initial members shall be staggered to end as follows:
    1. Two (2) on June 30, 2000;
    2. Two (2) on June 30, 2001; and
    3. Two (2) on June 30, 2002.
  4. At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies. A member who serves two (2) consecutive four (4) year terms shall not be reappointed for four (4) years after completion of those terms.
  5. A majority of the full authorized membership shall constitute a quorum.
  6. The board shall elect, by a majority vote, a director who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The director shall be elected or reelected for each calendar year.
  7. The board may establish any organizational structure it determines is necessary to accomplish its functions and duties, including the hiring of any necessary support personnel. The administrative costs of the board shall be limited to three percent (3%) of the proceeds from the trust fund.
  8. Meetings of the board shall be held at least twice a year but may be held more frequently, as deemed necessary, subject to call by the director or by the request of a majority of the board members.
  9. The board shall be attached to the cabinet for administrative purposes.

History. Enact. Acts 1998, ch. 124, § 2, effective July 15, 1998; 2000, ch. 124, § 2, effective July 14, 2000; 2005, ch. 99, § 360, effective June 20, 2005.

211.474. Operating parameters — Duties.

The board shall:

  1. Promulgate administrative regulations necessary to carry out the provisions of KRS 211.470 to 211.478 ;
  2. Formulate policies and procedures for determining individual eligibility for assistance from the trust fund in accordance with the following guidelines:
    1. The trust fund shall serve as a funding source of last resort for residents of the Commonwealth of Kentucky. To be eligible for assistance from the trust fund, an individual must have exhausted all other funding sources that cover the type of services sought through the trust fund. Individuals who have continuing health insurance benefits, including Medicaid, may access the trust fund for services that are needed but not covered by insurance or any other funding source. Individuals who qualify for institutional care through Medicaid shall not qualify for services through the trust fund;
    2. All individuals receiving assistance from the fund shall receive case management services;
    3. Expenditures on behalf of any one (1) brain-injured individual may not exceed fifteen thousand dollars ($15,000) for any twelve (12) month period, and may not exceed a lifetime maximum of sixty thousand dollars ($60,000). At its discretion and subject to fund availability, the board may waive the expenditure or time limitations or both in special circumstances;
    4. Services covered by the trust fund shall include:
      1. Case management;
      2. Community residential services;
      3. Structured day program services;
      4. Psychological and mental health services;
      5. Prevocational services;
      6. Supported employment;
      7. Companion services;
      8. Respite care;
      9. Occupational therapy; and
      10. Speech and language therapy;
    5. Covered services shall not include institutionalization, hospitalization, or medications;
  3. Establish a confidential medical registry for traumatic brain and spinal cord injuries occurring in the Commonwealth of Kentucky, or to residents of the Commonwealth of Kentucky.
    1. The board may promulgate administrative regulations requiring licensed or certified professionals or health services providers to report the occurrence of brain and spinal cord injuries, relevant medical and epidemiological information about the injuries, and other information describing the circumstances of the injury to the board or its designated agent. The reporting of data by licensed hospitals under this section shall be limited to that which is reported to the cabinet pursuant to KRS 216.2920 to 216.2929 and the board shall obtain this data from the cabinet. Each licensed hospital shall grant the board, upon presentation of proper identification, access to the medical records of patients with reportable brain and spinal cord injuries for the sole purpose of collecting additional information that is not available in the data obtained from the cabinet. All costs associated with copying medical records shall be borne by the board. No liability of any kind shall arise or be enforced against any licensed hospital or hospital employee for providing the board access to a patient’s medical record.
    2. The board and its designated agent, if one is appointed, shall observe the same confidentiality requirements established for the Kentucky birth surveillance registry in KRS 211.670 ;
  4. Investigate the needs of brain-injured individuals and identify gaps in current services;
  5. Assist the cabinet in developing programs for brain-injured individuals;
  6. Monitor and evaluate services provided by the trust fund; and
  7. Provide the Governor, the General Assembly, and the Legislative Research Commission an annual report by January 1 of each year summarizing the activities of the board and the trust fund.

History. Enact. Acts 1998, ch. 124, § 3, effective July 15, 1998; 2000, ch. 124, § 3, effective July 14, 2000.

211.476. Traumatic brain injury trust fund.

  1. The traumatic brain injury trust fund is created as a separate revolving fund.
  2. The trust fund may receive the proceeds from grants, contributions, appropriations, and any other moneys that may be made available for the purposes of the trust fund.
  3. Expenditures from the trust fund on behalf of the medical registry created under KRS 211.474 shall not exceed one hundred twenty-five thousand dollars ($125,000) for any fiscal year.
  4. Funds unexpended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  5. Any interest earnings of the trust fund shall become a part of the trust fund and shall not lapse to the general fund.

History. Enact. Acts 1998, ch. 124, § 4, effective July 15, 1998; 2002, ch. 183, § 20, effective August 1, 2002.

211.478. Distribution of trust fund moneys.

Trust fund moneys shall be distributed for the following purposes:

  1. To provide services to individuals suffering from conditions that qualify for assistance from the fund, in accordance with criteria established by the board in KRS 211.474 ;
  2. To establish and maintain a state medical registry for traumatic brain and spinal cord injuries; and
  3. To meet the obligations incurred by the board in meeting its duties in accordance with the provisions of KRS 211.472 and 211.474 .

History. Enact. Acts 1998, ch. 124, § 5, effective July 15, 1998.

Kentucky Cardiovascular Disease Initiative

211.480. Legislative findings. [Repealed]

History. Enact. Acts 2007, ch. 126, § 1, effective June 26, 2007; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2007, ch. 126, § 1, effective June 26, 2007) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.481. Kentucky Cardiovascular Disease Initiative — Goals — KCDI board. [Repealed]

History. Enact. Acts 2007, ch. 126, § 2, effective June 26, 2007; 2010, ch. 24, § 312, effective July 15, 2010; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2007, ch. 126, § 2, effective June 26, 2007; 2010, ch. 24, § 312, effective July 15, 2010) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.482. Business plans and benchmark measures — Presentation of plans to Interim Joint Committees — Updates to be provided — Public-private collaboration. [Repealed]

History. Enact. Acts 2007, ch. 126, § 3, effective June 26, 2007; 2008, ch. 98, § 12, effective July 15, 2008; 2008, ch. 113, § 15, effective July 15, 2008; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2007, ch. 126, § 3, effective June 26, 2007; 2008, ch. 98, § 12, effective July 15, 2008; 2008, ch. 113, § 15, effective July 15, 2008) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.483. KCDI fund. [Repealed]

History. Enact. Acts 2007, ch. 126, § 4, effective June 26, 2007; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2007, ch. 126, § 4, effective June 26, 2007) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

Statewide Trauma Care Program

211.490. Legislative findings concerning provision of trauma care.

The General Assembly finds that:

  1. Trauma is a severe health problem in this state and a major cause of death and long-term disability;
  2. Trauma care is an essential public service;
  3. Trauma care is significantly limited in many parts of Kentucky, particularly in rural areas where there is a growing danger that some communities may not have adequate emergency care;
  4. It is essential for persons in need of trauma care to receive that care within sixty (60) minutes immediately following injury, referred to as the “golden hour,” for that is when the potential for survival is the greatest and the need for treatment for shock or injury is most critical;
  5. Kentucky’s emergency preparedness efforts require the establishment of an efficient statewide trauma care system that can be mobilized to save the lives of trauma patients who are victims of terrorism or natural disasters;
  6. Trauma centers save lives and money because access to trauma care can mean the difference between full recovery and serious disability that requires expensive long-term care and results in a loss of economic productivity;
  7. Regional preparedness planning has identified trauma care as a priority, and some grant funding has been obtained to initiate trauma care planning;
  8. It is in the best interests of the citizens of Kentucky to establish an efficient and well-coordinated statewide trauma system to reduce costs of medical care and the greater economic impact of lost wages and productivity and to reduce the incidence of inappropriate and inadequate trauma care and emergency medical services; and
  9. Existing trauma centers are facing an increasing number of uninsured patients, declining reimbursement, and rising malpractice insurance premiums that threaten continued community access to trauma care. Therefore, financial assistance is needed to support existing trauma centers and establish new trauma centers.

History. Enact. Acts 2008, ch. 25, § 1, effective July 15, 2008.

211.492. Definitions for KRS 211.490 to 211.496.

For the purposes of KRS 211.490 to 211.496 :

  1. “Trauma” has the same meaning as defined in KRS 311A.010 ;
  2. “Trauma center” means a hospital that has institutional, surgical, and specialty care and commitment to treating individuals with injuries and that has been verified by the American College of Surgeons or by the Department for Public Health; and
  3. “Trauma center verification” means the process by which a trauma center is evaluated and designated as a trauma center by the American College of Surgeons or the Department for Public Health.

History. Enact. Acts 2008, ch. 25, § 2, effective July 15, 2008.

211.494. Statewide trauma care program — Goals — Advisory committee — Components of trauma care system — Coordination of activities — Confidentiality of data — Reports — Administrative regulations.

  1. A comprehensive statewide trauma care program shall be established within the Department for Public Health. The statewide trauma care program shall consist of, at a minimum, a statewide trauma care director and a state trauma registrar funded through available federal funds or, to the extent that funds are available, by the trauma care system fund established in KRS 211.496 . The department may contract with outside entities to perform these functions.
  2. The statewide trauma care system shall address, at a minimum, the following goals:
    1. To reduce or prevent death and disability from trauma without regard to the patient’s insurance coverage or ability to pay for services;
    2. To provide optimal care for trauma victims by utilization of best practices protocols and guidelines;
    3. To minimize the economic impact of lost wages and productivity for trauma patients; and
    4. To contain costs of trauma care.
    1. The Department for Public Health shall establish an advisory committee to assist in the development, implementation, and continuation of its duties. (3) (a) The Department for Public Health shall establish an advisory committee to assist in the development, implementation, and continuation of its duties.
    2. The advisory committee shall consist of eighteen (18) members to be appointed by the secretary of the Cabinet for Health and Family Services and shall be composed of representatives from the following agencies and organizations:
      1. The Department for Public Health;
      2. The Kentucky Board of Medical Licensure;
      3. The Kentucky Board of Nursing;
      4. The Kentucky Board of Emergency Medical Services;
      5. The Kentucky Medical Association;
      6. The Kentucky Hospital Association;
      7. The Kentucky Committee on Trauma of the American College of Surgeons;
      8. One (1) representative from each verified Level I trauma center;
      9. One (1) hospital representative from a Level II verified trauma center, one (1) hospital representative from a Level III verified trauma center, and one (1) hospital representative from a Level IV verified trauma center. The Kentucky Hospital Association shall submit recommendations to the secretary for each of the three (3) members appointed under this subdivision;
      10. The Kentucky Chapter of the American College of Emergency Physicians;
      11. The Kentucky Chapter of the Emergency Nurses Association;
      12. The Kentucky Transportation Cabinet;
      13. Two (2) members at large, one (1) of whom shall be a health care consumer;
      14. One (1) representative with extensive experience in injury prevention programs; and
      15. One (1) representative with pediatric trauma experience.
    3. Members of the advisory committee shall serve for a period of four (4) years and shall serve until a successor is appointed, except that initial terms shall be staggered and one-third (1/3) of the members shall be appointed to four (4) year terms, one-third (1/3) of the members shall be appointed to three (3) year terms, and one-third (1/3) of the members shall be appointed for two (2) year terms.
    4. The advisory committee shall meet at least on a quarterly basis. The committee shall elect a chair, a vice chair, and a secretary from among its members and adopt rules of governance at the first meeting in each fiscal year. The first meeting of the advisory committee shall occur before September 30, 2008.
    5. Appointed members shall serve without compensation but may receive reimbursement for actual and necessary expenses relating to the duties of the advisory committee in accordance with state regulations relating to travel reimbursement.
    6. Expenses associated with the advisory committee shall be paid by the trauma care system fund established in KRS 211.496 , to the extent funds are available.
  3. The statewide trauma care director and the advisory committee shall develop and implement a statewide trauma care system, integrated with the public health system for injury prevention, that recognizes levels of care for the appropriate delivery of a full range of medical services to all trauma patients in the Commonwealth. The statewide trauma care system shall include but is not limited to:
    1. Development and implementation of trauma prevention and education initiatives;
    2. Facilitation of appropriate education and continuing education about trauma care and procedures for physicians, nurses, and emergency medical services personnel;
    3. Development and statewide distribution of guidelines and protocols for the care and treatment of trauma victims that include the needs of special populations and are fully integrated with all available resources, including but not limited to emergency medical services, physicians, nurses, and hospitals;
    4. Voluntary hospital trauma center verification through the American College of Surgeons or the Department for Public Health;
    5. Local and regional triage and transport protocols for use by the Kentucky Board of Emergency Medical Services, emergency medical services providers, and emergency rooms; and
    6. Continuing quality assurance and peer review programs.
  4. The Department for Public Health or the statewide trauma care director and the advisory committee established in this section shall coordinate activities related to the care of trauma patients with other state agencies and boards that are directly or indirectly involved with care of injured persons. Upon request of the Department for Public Health or the statewide trauma care director, other state agencies and boards shall assist and facilitate the development and implementation of a statewide trauma care system.
  5. Data obtained through a trauma registry or other data collected pursuant to KRS 211.490 to 211.496 shall be confidential and for use solely by the Department for Public Health, the statewide trauma care director, the advisory committee, and persons or public or private entities that participate in data collection for the trauma registry. Personal identifying information that is collected for use in the trauma registry shall not be subject to discovery or introduction into evidence in any civil action.
  6. The statewide trauma care director shall report information on the status of the development and implementation of the statewide trauma system upon request.
  7. The Department for Public Health may promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section.

HISTORY: Enact. Acts 2008, ch. 25, § 3, effective July 15, 2008; 2012, ch. 158, § 45, effective July 12, 2012; 2017 ch. 80, § 40, effective June 29, 2017.

211.496. Kentucky trauma care system fund — Uses.

  1. The Kentucky trauma care system fund is created as a restricted account that shall consist of state general fund appropriations and other grants, contributions, donations, or other moneys made available for the purposes of KRS 211.490 to 211.496 . Moneys in the fund are hereby appropriated for the purposes set forth in KRS 211.490 to 211.496 .
  2. The trauma care system fund shall be used to support:
    1. Administrative costs of the Department for Public Health, the statewide trauma care director, and the advisory committee that relate to the statewide trauma care system, including public awareness and information efforts;
    2. The implementation of the statewide trauma care system;
    3. Expenses related to hospital trauma center verification;
    4. Continuing education for trauma care providers; and
    5. Support for uncompensated care provided by hospitals, physicians, emergency medical services, or other trauma care providers who provide services in a verified trauma center. Verified trauma centers shall have the authority to contract with state government for receipt of funds under this paragraph.
  3. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of a fiscal year shall not lapse but shall be carried forward into the succeeding next fiscal year to be used for the purposes set forth in KRS 211.490 to 211.496 .
  4. Any interest earned on moneys in the account shall accrue to the fund and shall be used for the purposes set forth in KRS 211.490 to 211.496 .

History. Enact. Acts 2008, ch. 25, § 4, effective July 15, 2008.

Spinal Cord and Head Injury Research

211.500. Kentucky Spinal Cord and Head Injury Research Board.

  1. The Kentucky Spinal Cord and Head Injury Research Board is hereby created for the purpose of administering the spinal cord and head injury research trust fund created pursuant to KRS 211.504 . The board shall be composed of seven (7) members appointed by the Governor as follows:
    1. Two (2) members representing the University of Kentucky College of Medicine;
    2. Two (2) members representing the University of Louisville School of Medicine;
    3. One (1) member who has a spinal cord or head injury or who has a family member with a spinal cord or head injury;
    4. One (1) member representing the Kentucky Medical Association; and
    5. One (1) at-large member.
  2. Board members shall be reimbursed for ordinary travel expenses, including meals and lodging, incurred in the performance of duties incident to the provisions of KRS 211.500 to 211.504 .
  3. The terms of board members shall be four (4) years, except that of the members appointed after July 15, 1998, two (2) members appointed to fill the terms ending on June 30, 1999, shall serve until January 31, 2000; two (2) members appointed to fill the terms expiring on June 30, 2000, shall serve until January 31, 2001; two (2) members appointed to fill the terms expiring on June 30, 2001, shall serve until January 31, 2002; and one (1) member appointed to fill the term expiring June 30, 2002, shall serve until January 31, 2003; and subsequent appointments shall be for four (4) year terms ending on January 31.
  4. At the end of a term, a member shall continue to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun shall serve the rest of the term and until a successor is appointed and qualifies.
  5. A majority of the full authorized membership of the board shall constitute a quorum.
  6. The board shall elect, by a majority vote, a chairman who shall be the presiding officer of the board, preside at all meetings, and coordinate the functions and activities of the board. The chairman shall be elected or reelected for each calendar year. The board shall have such other organization as deemed necessary and approved by the board.
  7. Meetings of the board shall be held at least twice a year but may be held more frequently as deemed necessary, subject to call by the chairman or by request of a majority of the board members. Board meetings shall concern, among other things, policy matters relating to spinal cord and head injury research projects and programs, research progress reports, authorization of projects and financial plans, and other matters necessary to carry out the intent of KRS 211.500 to 211.504 .
  8. No member of the board shall be subject to any personal liability or accountability for any loss sustained or damage suffered on account of any action or inaction of the board.
  9. The board shall be attached to the Cabinet for Health and Family Services for administrative purposes.

History. Enact. Acts 1994, ch. 403, § 4, effective July 15, 1994; 1998, ch. 194, § 5, effective July 15, 1998; 1998, ch. 426, § 305, effective July 15, 1998; 2001, ch. 26, § 1, effective June 21, 2001; 2002, ch. 183, § 21, effective August 1, 2002; 2005, ch. 99, § 361, effective June 20, 2005.

211.502. Duties of board.

The Kentucky Spinal Cord and Head Injury Research Board shall:

  1. Formulate policies and procedures necessary to carry out the provisions of KRS 211.500 to 211.504 ;
  2. Promulgate administrative regulations necessary to carry out the provisions of KRS 211.500 to 211.504 and to ensure proper expenditure of state funds appropriated for the purposes of KRS 211.500 to 211.504 ;
  3. Review and authorize spinal cord and head injury research projects and programs to be undertaken and financed under the provisions of KRS 211.500 to 211.504 ;
  4. Review and approve all progress and final research reports on projects authorized under the provisions of KRS 211.500 to 211.504 ;
  5. Ensure that state funds, appropriated for spinal cord and head injury research by KRS 211.504 or any other act, are not diverted to any other use; and
  6. Provide the status of funds appropriated under the provisions of KRS 211.504 for spinal cord and head injury research and the progress of the board in terms of the results of its spinal cord and head injury research efforts upon request.

HISTORY: Enact. Acts 1994, ch. 403, § 5, effective July 15, 1994; 2017 ch. 80, § 41, effective June 29, 2017.

211.504. Spinal cord and head injury research trust fund.

  1. The revenues received from the disbursements provided under KRS 42.320(2)(c) shall be credited to the spinal cord and head injury research trust fund which is hereby created.
  2. Federal funds or other funds which may be made available to supplement or match state funds for spinal cord and head injury research programs provided for by KRS 211.500 to 211.504 shall be credited to the trust fund created in subsection (1) of this section.
  3. Funds deposited to the credit of the spinal cord and head injury research trust fund shall be used to finance the spinal cord and head injury research programs authorized under the provisions of KRS 211.500 to 211.504 and for the operation of the Kentucky Spinal Cord and Head Injury Research Board. Funds for research shall only be used for spinal cord and head injury research undertaken by the University of Kentucky or University of Louisville.
  4. Funds unexpended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year or biennium, but any surplus shall be included in the budget considered and approved by the board for the ensuing period.

History. Enact. Acts 1994, ch. 403, § 6, effective July 15, 1994; 2002, ch. 183, § 22, effective August 1, 2002.

Kentucky Rare Disease Advisory Council

211.576. Kentucky Rare Disease Advisory Council — Administration by eligible entity — Chair, vice chair, members — Procedures — Grants.

  1. The Kentucky Rare Disease Advisory Council is hereby established to advise the General Assembly and state departments, agencies, commissions, authorities, and private institutions that provide services for individuals diagnosed with a rare disease.
  2. In order to reduce the administrative burden on state agencies, the council authorized under KRS 211.576 to 211.578 shall be administered by an existing eligible entity operating within the state defined in subsection (3) of this section.
  3. An eligible entity shall be a nonprofit organization as defined by 26 U.S.C. sec. 501 that operates within Kentucky and has experience working in the field of rare diseases.
  4. The Governor or his or her designee shall appoint a chair and vice chair to the advisory council to serve for an initial term of two (2) years.
  5. Upon their initial appointment, the chair and vice chair of the council shall appoint other members of the council.
  6. Upon their initial appointment, the chair and vice chair of the council shall develop and submit to the Governor and the General Assembly a written description of the intended mission of the council, including any state agencies and legislative committees it intends to advise.
  7. After the initial appointments, the Kentucky Rare Disease Advisory Council shall determine its procedures governing membership and participation, with the following exceptions:
    1. The total council membership shall not exceed twenty (20) members;
    2. All future appointed members to the council shall be approved by a majority vote of existing members;
    3. All existing and future members of the council, including the chair and vice chair, shall serve terms of two (2) years, beginning on the day of the Governor’s appointment, shall be eligible to succeed themselves, and shall serve until their successors as appointed; and
    4. Members of the council shall serve until replaced. A majority of the council members shall constitute a quorum for the purposes of conducting business.
  8. After members are appointed to the council, the council shall apply for, and accept, any grant of money from the federal government, private foundations, or other sources that may be available for programs related to rare diseases.

HISTORY: 2019 ch. 32, § 1, effective June 27, 2019.

211.577. Duties of council — Report — Response — Hearing.

  1. The Kentucky Rare Disease Advisory Council shall:
    1. Act as the advisory body on rare diseases to the General Assembly, the Governor, and to all relevant state and private agencies that provide services to, or are charged with the care of, individuals with rare diseases;
    2. Coordinate its duties with those community-based organizations and private-sector institutions within the state for the purpose of ensuring greater cooperation regarding the research, diagnosis, and treatment of rare diseases. The coordination shall require, when appropriate:
      1. Disseminating the outcomes of the advisory council’s research, identified best practices, and policy recommendations; and
      2. Utilizing common research collection and dissemination procedures;
    3. Research and determine the most appropriate methods to collect thorough and complete information on rare diseases in Kentucky and other information as the council deems necessary and appropriate to collect;
    4. Research and identify priorities relating to the quality, cost-effectiveness, and access to treatment and services provided to persons with rare diseases, and develop related policy recommendations;
    5. Identify best practices for rare disease care from other states and at the national level that may improve rare disease care in Kentucky;
    6. Develop effective strategies to raise public awareness of rare diseases in Kentucky;
    7. Ensure that the duties of the council are carried out in a manner that is coordinated and compatible with similar research being conducted at the state and federal levels;
    8. In conjunction with the state’s medical schools, the state’s schools of public health, and hospitals in the state that provide care to persons diagnosed with a rare disease, develop a list of existing, publicly accessible resources on research, diagnosis, treatment, and education relating to rare diseases; and
    9. Report biennially on its activities, findings, and recommendations relating to the quality, cost-effectiveness, and access to treatment and services for persons with rare diseases in Kentucky to the Governor, the Cabinet for Health and Family Services, and the General Assembly.
  2. Upon receipt of the council’s biennial report, the Governor and Cabinet for Health and Family Services shall within ninety (90) days issue a written response to the council detailing its efforts to improve state policies pertaining to the identification, treatment, and care of rare diseases.
  3. Upon receipt of the council’s biennial report, the Interim Joint Committee on Health and Welfare and Family Services shall within one hundred twenty (120) days convene a hearing on issues pertaining to the identification, treatment, and care of rare diseases identified by the council in its report.

HISTORY: 2019 ch. 32, § 2, effective June 27, 2019.

Legislative Research Commission Note.

(6/27/2019). Under the authority of KRS 7.136(1), the Reviser of Statutes has modified the internal numbering of this statute from the way it appeared in 2019 Ky. Acts ch. 32, sec. 2.

211.578. Date on which council ceases to exist — Outstanding funds.

  1. The Kentucky Rare Disease Council shall cease to exist on December 1, 2028, unless otherwise reestablished by the General Assembly.
  2. If the General Assembly does not reestablish the Kentucky Rare Disease Council, any outstanding funds collected by the council as described in KRS 211.576(8) shall be donated for the purposes of improving the treatment and care of rare diseases, including for conducting research on specific rare diseases.

HISTORY: 2019 ch. 32, § 3, effective June 27, 2019.

Kentucky Commission on Aging

211.510. Definitions for KRS 211.510 to 211.560. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIII, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.520. Kentucky Commission on Aging. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIII, § 2) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.525. Director. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 171, § 2) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.530. Staff assistance and administration. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIII, § 3) was repealed by Acts 1972, ch. 171, § 3, effective June 21, 1974.

211.540. Expenses of citizen members — Advisory committees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIII, § 4) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.550. Duties of department for human resources. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIII, § 5) was repealed by Acts 1976, ch. 207, § 5. For present law see KRS 205.201 , 205.202 .

211.560. Acceptance and disposition of gifts and grants. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIII, § 6) was repealed by Acts 1976, ch. 207, § 5. For present law see KRS 205.201 , 205.202 .

211.565. Commission designated state agency for administration of federal funds. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 171, § 5) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.570. Administration of federally funded programs for the elderly. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 193, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.575. Statewide system for stroke response and treatment.

  1. As used in this section, “department” means the Department for Public Health.
  2. The Department for Public Health shall establish and implement a plan for achieving continuous quality improvement in the quality of care provided under a statewide system for stroke response and treatment. In implementing the plan, the department shall:
    1. Maintain a statewide stroke database to compile information and statistics on stroke care as follows:
      1. The database shall align with the stroke consensus metrics developed and approved by the American Heart Association, the American Stroke Association, the Centers for Disease Control and Prevention, and the Joint Commission;
      2. The department shall utilize the “Get With The Guidelines-Stroke” quality improvement program maintained by the American Heart Association and the American Stroke Association or another nationally recognized program that utilizes a data set platform with patient confidentiality standards no less secure than the statewide stroke database established in this paragraph; and
      3. Require primary stroke centers as established in KRS 216B.0425 to report to the database each case of stroke seen at the facility. The data shall be reported in a format consistent with nationally recognized guidelines on the treatment of individuals within the state with confirmed cases of stroke;
    2. To the extent possible, coordinate with national voluntary health organizations involved in stroke quality improvement to avoid duplication and redundancy;
    3. Encourage the sharing of information and data among health care providers on methods to improve the quality of care of stroke patients in the state;
    4. Facilitate communication about data trends and treatment developments among health care professionals involved in the care of individuals with stroke;
    5. Require the application of evidence-based treatment guidelines for the transition of stroke patients upon discharge from a hospital following acute treatment to community-based care provided in a hospital outpatient, physician office, or ambulatory clinic setting; and
    6. Establish a data oversight process and a plan for achieving continuous quality improvement in the quality of care provided under the statewide system for stroke response and treatment, which shall include:
      1. Analysis of the data included in the stroke database;
      2. Identification of potential interventions to improve stroke care in specific geographic regions of the state; and
      3. Recommendations to the department and the Kentucky General Assembly for improvement in the delivery of stroke care in the state.
  3. All data reported under subsection (2)(a) of this section shall be made available to the department and all government agencies or contractors of government agencies which are responsible for the management and administration of emergency medical services throughout the state.
  4. On June 1, 2013, and annually on June 1 thereafter, the department shall provide a report of its data and any related findings and recommendations to the Governor and to the Legislative Research Commission. The report also shall be made available on the department’s Web site.
  5. Nothing in this section shall be construed to require the disclosure of confidential information or data in violation of the federal Health Insurance Portability and Accountability Act of 1996.

History. Enact. Acts 2012, ch. 106, § 1, effective July 12, 2012.

Breast Cancer Research and Education

211.580. Breast cancer research and education trust fund.

  1. The breast cancer research and education trust fund is created as a separate revolving fund. The trust fund shall consist of funds collected from the income tax checkoff created under KRS 141.446 and any other proceeds from grants, contributions, appropriations, or other moneys made available for the purposes of the trust fund.
  2. Trust fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  3. Any interest earnings of the trust fund shall become a part of the trust fund and shall not lapse.
  4. Trust fund moneys shall be used to support breast cancer research, education, treatment, screening, and awareness in Kentucky. Funds shall be distributed as directed by the Breast Cancer Research and Education Trust Fund Board established by KRS 211.585 .
  5. Moneys transferred to the trust fund pursuant to KRS 141.446 are hereby appropriated for the purposes set forth in KRS 211.580 to 211.590 .

History. Enact. Acts 2005, ch. 27, § 2, effective June 20, 2005.

211.585. Breast Cancer Research and Education Trust Fund Board — Membership — Terms — Meetings.

  1. The Breast Cancer Research and Education Trust Fund Board is hereby created for the purpose of administering the trust fund created under KRS 211.580 . The board shall be composed of nine (9) members as follows:
    1. The director of the University of Louisville Brown Cancer Center or the director’s appointed designee;
    2. The director of the University of Kentucky Markey Cancer Center or the director’s appointed designee;
    3. The president of the Kentucky Breast Cancer Alliance or the president’s appointed designee;
    4. The director of the Kentucky Cancer Program East or the director’s appointed designee;
    5. The director of the Kentucky Cancer Program West or the director’s appointed designee;
    6. Two (2) citizens, one (1) of whom shall be a breast cancer survivor, to be appointed by the Governor;
    7. The secretary of the Cabinet for Health and Family Services, or the secretary’s designee; and
    8. The commissioner of the Department for Public Health or the commissioner’s designee.
  2. The board shall be attached to the Cabinet for Health and Family Services for administrative purposes.
  3. The secretary of the Cabinet for Health and Family Services shall convene the first meeting of the board within sixty (60) days of June 20, 2005.
  4. Board members shall serve without compensation, but may receive reimbursement for their actual and necessary expenses incurred in the performance of their duties.
  5. The term of each appointed member shall be four (4) years.
  6. A member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four (4) year terms and shall not be reappointed for four (4) years after the completion of those terms.
  7. A majority of the full membership of the board shall constitute a quorum.
  8. At the first meeting, the board shall elect, by majority vote, a president who shall preside at all meetings and coordinate the functions and activities of the board. The president shall be elected or reelected each calendar year thereafter.
  9. The board shall meet at least two (2) times annually but may meet more frequently, as deemed necessary, subject to call by the president or by request of a majority of the board members.

History. Enact. Acts 2005, ch. 27, § 3, effective June 20, 2005.

Legislative Research Commission Note.

(6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in 2005 legislation confirming the reorganization of the executive branch. Such a correction has been made in this section.

211.590. Duties of Breast Cancer Research and Education Trust Fund Board.

The Breast Cancer Research and Education Trust Fund Board created by KRS 211.585 shall:

  1. Develop a written plan for the expenditure of trust funds made available under KRS 211.580 . The initial plan shall be completed on or before October 1, 2005, and shall be updated on an annual basis on or before October 1 of each year thereafter. The plan shall, at a minimum, include the following:
    1. A program summary; and
    2. A prioritized list of programs and research projects that the board will address with funding available through the competitive grant program established under subsection (2) of this section;
  2. Promulgate administrative regulations to establish a competitive grant program to provide funding to not-for-profit entities, educational institutions, and government agencies in Kentucky offering programs or services in the areas of breast cancer research, education, awareness, treatment, and screening.
    1. The grant program shall give preference to programs proposing to serve the medically underserved population.
    2. The grant program shall provide funding to projects and programs in accordance with the priorities established in the plan developed under subsection (1) of this section.
    3. The administrative regulations shall, at a minimum:
      1. Establish an application process and requirements;
      2. Set forth program and outcome measurement requirements;
      3. Establish an application review and award process; and
      4. Provide monitoring, oversight, and reporting requirements for funded programs;
  3. Promulgate administrative regulations necessary to carry out the provisions of KRS 211.580 to 211.590 ; and
  4. Provide information upon request that shall include but not be limited to:
    1. The plan developed under subsection (1) of this section for the expenditure of funds for the current and next fiscal year;
    2. A summary of the use and impact of prior year funds;
    3. A summary of the activities of the board during the prior fiscal year; and
    4. Any recommendations for future initiatives or action regarding breast cancer research, education, awareness, treatment, and screening.

HISTORY: Enact. Acts 2005, ch. 27, § 4, effective June 20, 2005; 2017 ch. 80, § 42, effective June 29, 2017.

211.595. Pediatric cancer research trust fund.

  1. The pediatric cancer research trust fund is hereby created as a separate trust fund. The fund shall be administered by the Cabinet for Health and Family Services.
  2. The fund shall receive amounts collected from the income tax checkoff created in KRS 141.445 , and any other proceeds from grants, contributions, appropriations, or other moneys made available for the purposes of this fund.
  3. Notwithstanding KRS 45.229 , trust fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year.
  4. Any interest earned on moneys in the trust fund shall become a part of the trust fund and shall not lapse.
  5. Trust fund moneys shall be used to support pediatric cancer research and treatment for Kentucky patients. Funds shall be administered and distributed by the Pediatric Cancer Research Trust Fund Board established by KRS 211.596 for the purposes directed in this section and KRS 211.596 and 211.597 .
  6. Moneys transferred to the trust fund pursuant to KRS 141.445 are hereby appropriated for the purposes set forth in KRS 211.597 .

HISTORY: 2015 ch. 96, § 3, effective June 24, 2015; 2015 ch. 108, § 2, effective June 24, 2015.

Legislative Research Commission Notes.

(6/24/2015). This statute was created with identical text in 2015 Ky. Acts chs. 96 and 108, which were companion bills. These Acts have been codified together.

(6/24/2015). During codification, the Reviser of Statutes has corrected the name of the Pediatric Cancer Research Trust Fund Board in this statute from the way it appeared in 2015 Ky. Acts ch. 96, sec. 3 and 2015 Ky. Acts ch. 108, sec. 2, by inserting the inadvertently omitted word “Research” in subsection (5).

211.596. Pediatric Cancer Research Trust Fund Board — Membership — Terms — Meetings. [Effective until July 15, 2020]

  1. The Pediatric Cancer Research Trust Fund Board is hereby created for the purpose of administering and distributing funds from the trust created under KRS 211.595 . The board shall be composed of nine (9) members to be appointed as follows:
    1. A specialist in pediatric oncology nominated by Norton Children’s Hospital to be appointed by the Governor;
    2. A specialist in pediatric oncology nominated by the University of Kentucky Children’s Hospital to be appointed by the Governor;
    3. A representative nominated by Kentucky Chapters of the Leukemia and Lymphoma Society to be appointed by the Governor;
    4. A representative nominated by Kentucky offices of the American Cancer Society to be appointed by the Governor;
    5. Three (3) citizens, one (1) of whom shall be a pediatric cancer survivor, or parent thereof, to be appointed by the Governor from a list of six (6) citizens nominated by Kentucky offices of the American Cancer Society;
    6. The secretary of the Cabinet for Health and Family Services, or the secretary’s designee; and
    7. The commissioner of the Department for Public Health, or the commissioner’s designee.
  2. The board shall be attached to the Cabinet for Health and Family Services for administrative purposes.
  3. The secretary of the Cabinet for Health and Family Services shall convene the first meeting of the board within sixty (60) days of June 24, 2015.
  4. Board members shall serve without compensation, but may receive reimbursement for their actual and necessary expenses incurred in the performance of their duties.
  5. The term of each appointed member shall be four (4) years.
  6. A member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four (4) year terms and shall not be reappointed for four (4) years after the completion of those terms.
  7. A majority of the full membership of the board shall constitute a quorum.
  8. At the first meeting, the board shall elect, by majority vote, a president who shall preside at all meetings and coordinate the functions and activities of the board. The president shall be elected or reelected each calendar year thereafter.
  9. The board shall meet at least two (2) times annually, but may meet more frequently, as deemed necessary, subject to call by the president or by request of a majority of the board members.

HISTORY: 2015 ch. 96, § 4, effective June 24, 2015; 2015 ch. 108, § 3, effective June 24, 2015; 2017 ch. 80, § 55, effective June 29, 2017; 2017 ch. 92, § 3, effective June 29, 2017.

211.596. Pediatric Cancer Research Trust Fund Board — Membership — Terms — Meetings. [Effective July 15, 2020]

  1. The Pediatric Cancer Research Trust Fund Board is hereby created for the purpose of administering and distributing funds from the trust created under KRS 211.595 . The board shall be composed of eighteen (18) members to be appointed as follows:
    1. A specialist in pediatric oncology nominated by Norton Children’s Hospital to be appointed by the Governor;
    2. A specialist in pediatric oncology nominated by the University of Kentucky Children’s Hospital to be appointed by the Governor;
    3. A representative nominated by Kentucky Chapters of the Leukemia and Lymphoma Society to be appointed by the Governor;
    4. A representative nominated by Kentucky offices of the American Cancer Society to be appointed by the Governor;
    5. Three (3) citizens, one (1) of whom shall be a pediatric cancer survivor, or parent thereof, to be appointed by the Governor;
    6. The secretary of the Cabinet for Health and Family Services, or the secretary’s designee;
    7. The commissioner of the Department for Public Health, or the commissioner’s designee;
    8. A pediatric oncology social worker nominated by Norton Children’s Hospital to be appointed by the Governor;
    9. A pediatric oncology social worker nominated by the University of Kentucky Children’s Hospital to be appointed by the Governor;
    10. Two (2) school interventionists nominated by each pediatric oncology program to be appointed by the Governor;
    11. A regional coordinator nominated by the Kentucky Cancer Registry to be appointed by the Governor;
    12. A member of the University of Kentucky Dance Blue dance team or a successor entity to be appointed by the Governor;
    13. A member of the University of Louisville Raise RED dance team or a successor entity to be appointed by the Governor; and
    14. Two (2) citizens at large to be appointed by the Governor.
  2. The board shall be attached to the Cabinet for Health and Family Services for administrative purposes.
  3. Board members shall serve without compensation, but may receive reimbursement for their actual and necessary expenses incurred in the performance of their duties.
  4. The term of each appointed member shall be four (4) years and until a successor is appointed and qualified, except that initial appointments under subsection (1)(h) to (n) of this section shall be as follows:
    1. Each dance team member appointed under subsection (1)(l) or (m) of this section shall serve a one (1) year term;
    2. Two (2) of the members appointed under subsection (1)(h), (i), (j), (k), and (n) of this section shall serve two (2) year terms;
    3. Two (2) of the members appointed under subsection (1)(h), (i), (j), (k), and (n) of this section shall serve three (3) year terms; and
    4. Three (3) of the members appointed under subsection (1)(h), (i), (j), (k), and (n) of this section shall serve four (4) year terms.
  5. A majority of the full membership of the board shall constitute a quorum.
  6. The board shall elect, by majority vote, a president who shall preside at all meetings and coordinate the functions and activities of the board. The president shall be elected or reelected each biennium.
  7. The board shall meet at least two (2) times annually, but may meet more frequently, as deemed necessary, subject to call by the president or by request of a majority of the board members.

HISTORY: 2015 ch. 96, § 4, effective June 24, 2015; 2015 ch. 108, § 3, effective June 24, 2015; 2017 ch. 80, § 55, effective June 29, 2017; 2017 ch. 92, § 3, effective June 29, 2017; 2020 ch. 36, § 20, effective July 15, 2020.

211.597. Duties of Pediatric Cancer Research Trust Fund Board.

The Pediatric Cancer Research Trust Fund Board created by KRS 211.596 shall:

  1. Develop a written plan for the expenditure of trust funds made available under KRS 211.595 . The initial plan shall be completed on or before October 1, 2015, and shall be updated on an annual basis on or before October 1 of each year thereafter. The plan shall, at a minimum, include the following:
    1. A summary of existing pediatric cancer research, awareness, treatment, and funding programs provided to children of Kentucky;
    2. A needs assessment for the pediatric cancer patients of the Commonwealth of Kentucky that identifies additional research funding needs by cancer type and geographic area, with support for why the identified programs are needed; and
    3. A prioritized list of programs and research projects that the board will address with funding available through the competitive grant program established under subsection (2) of this section;
    1. Promulgate administrative regulations to establish a competitive, open grant program to provide funding to not-for-profit entities, academic medical centers and government agencies offering research funding and treatment for pediatric cancer to Kentucky children impacted by the disease. (2) (a) Promulgate administrative regulations to establish a competitive, open grant program to provide funding to not-for-profit entities, academic medical centers and government agencies offering research funding and treatment for pediatric cancer to Kentucky children impacted by the disease.
    2. The grant program shall provide funding to research projects and programs in accordance with the priorities established in the plan developed under subsection (1) of this section.
    3. The administrative regulations shall, at a minimum:
      1. Establish an application process and requirements;
      2. Set forth program and outcome measurement requirements;
      3. Establish an application review and award process; and
      4. Provide monitoring, oversight, and reporting requirements for funded programs;
  2. Promulgate administrative regulations necessary to carry out the provisions of this section and KRS 211.596 ; and
  3. Provide to the Governor and the Legislative Research Commission an annual report by October 1 of each year. The report shall include:
    1. The plan developed under subsection (1) of this section for the expenditure of funds for the current and next fiscal year;
    2. A summary of the use and impact of prior year funds;
    3. A summary of the activities of the board during the prior fiscal year; and
    4. Any recommendations for future initiatives or action regarding pediatric cancer research funding.

HISTORY: 2015 ch. 96, § 5, effective June 24, 2015; 2015 ch. 108, § 4, effective June 24, 2015.

Legislative Research Commission Notes.

(6/24/2015). This statute was created with identical text in 2015 Ky. Acts chs. 96 and 108, which were companion bills. These Acts have been codified together.

(6/24/2015). During codification, the Reviser of Statutes has corrected the name of the Pediatric Cancer Research Trust Fund Board in this statute from the way it appeared in 2015 Ky. Acts ch. 96, sec. 5 and 2015 Ky. Acts ch. 108, sec. 4, by inserting the inadvertently omitted word “Trust” in the sentence preceding subsection (1).

(6/24/2015). During codification, the Reviser of Statutes has changed the way subsection (2) of this statute is subdivided from the way it appeared in 2015 Ky. Acts ch. 96, sec. 5 and 2015 Ky. Acts ch. 108, sec. 4. None of the text of that subsection was changed.

Rape Crisis Centers

211.600. Designation of regional rape crisis centers — Provision of services.

  1. The Cabinet for Health and Family Services shall designate one (1) nonprofit corporation in each area development district to serve as the regional rape crisis center. The designated agency shall serve as the regional planning authority for crisis and advocacy services for victims of sexual assault in the district in which the center is located.
  2. The rape crisis center shall retain the designation unless it has been rescinded by the cabinet based on an annual review of the center’s performance or the annual plan and budget submitted by the center to the cabinet for funding for the next fiscal year.
  3. A rape crisis center designated by the cabinet shall provide services that include, but are not limited to:
    1. Crisis counseling;
    2. Mental health and related support services;
    3. Advocacy;
    4. Consultation;
    5. Public education; and
    6. The provision of training programs for professionals.

History. Enact. Acts 2000, ch. 142, § 1, effective July 14, 2000; 2005, ch. 99, § 362, effective June 20, 2005.

211.602. Funding for establishment and operation of regional rape crisis centers.

  1. Notwithstanding the provisions of KRS 210.410 , the secretary of the Cabinet for Health and Family Services or any other state or local government entity is hereby authorized to make state grants and other fund allocations to assist nonprofit corporations in the establishment and operation of regional rape crisis centers.
  2. To be eligible for grants from any state government entity, a rape crisis center shall provide the services listed in KRS 211.600(3) and shall operate in a manner consistent with administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A.

History. Enact. Acts 2000, ch. 142, § 2, effective July 14, 2000; 2005, ch. 99, § 363, effective June 20, 2005.

211.603. Rape crisis center trust fund.

  1. There is created a trust fund to be known as the rape crisis center trust fund. The fund shall be administered by the Cabinet for Health and Family Services.
  2. The trust fund shall be funded with moneys collected through the designation of a taxpayer’s refund as provided by KRS 141.447 and any contributions, gifts, donations, or appropriations designated for the trust fund. Moneys in the fund shall be used to support the services listed in KRS 211.600(3). No moneys in the fund shall be used to support abortion services or abortion education.
  3. Notwithstanding KRS 45.229 , any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year to be used for the purposes set forth in subsection (2) of this section.
  4. Any interest earned upon moneys in the rape crisis center trust fund shall become a part of the fund and shall not lapse.
  5. Moneys deposited in the fund are appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes.

HISTORY: 2015 ch. 108, § 6, effective June 24, 2015.

211.604. Rape crisis center board — Membership and duties.

  1. A rape crisis center designated by the cabinet shall establish a board consisting of at least fifteen (15) members. At least one (1) member shall represent each county located in the area development district served by the center.
  2. Each rape crisis center shall:
    1. Act as the administering authority for the regional rape crisis center;
    2. Assess the availability and quality of services to victims of sexual assault within the district;
    3. Facilitate working relationships with other criminal justice, mental health, and other agencies that will improve the delivery of services to victims of sexual assault;
    4. Submit to the cabinet annually a plan and budget for services to be provided in the next fiscal year;
    5. Recruit and promote local financial support for the center from private and public sources; and
    6. Oversee and be responsible for the management of the rape crisis center in accordance with the plan and budget adopted by the board and administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A.

History. Enact. Acts 2000, ch. 142, § 3, effective July 14, 2000.

211.608. Confidentiality of rape crisis center clients’ records.

All client records, requests for services, and reports that directly or indirectly identify a client or former client of a rape crisis center are confidential and shall not be disclosed by any person except as provided by law. The cabinet shall have access to client records, requests for services, and reports relating to any rape crisis center for the limited purpose of monitoring the center, and the cabinet shall promulgate an administrative regulation in accordance with KRS Chapter 13A that will set forth the process by which access to these documents will be gained, the nature of the monitoring that will take place, and the measures to be used to ensure confidentiality of the people identified in the records.

History. Enact. Acts 2000, ch. 142, § 4, effective July 14, 2000.

Kentucky Commission on Children and Youth

211.610. Definitions for KRS 211.610 to 211.650. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIV, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.620. Kentucky Commission on Children and Youth. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIV, § 2; 1970, ch. 271, § 1; 1972, ch. 203, § 45) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.630. Staff assistance — Advisory committees — Expenses of members. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1962, ch. 106, Art. XIV, § 3; 1970, ch. 271, § 2; 1972, ch. 203, § 46) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

Osteoporosis Prevention and Education Program

211.635. Osteoporosis prevention and education program — Public education — Powers of department.

  1. The Department for Public Health shall establish, promote, and maintain a statewide multigenerational osteoporosis prevention and education program using available federal funds, state funds appropriated for that purpose, and other available funding. The program shall:
    1. Promote the public awareness of the causes of osteoporosis, options for prevention, the value of early detection, and treatment; and
    2. Increase health care provider awareness of national clinical guidelines related to the prevention, diagnosis, and treatment of osteoporosis.
  2. The public education component of the program created in subsection (1) of this section shall include but not be limited to:
    1. The cause and nature of osteoporosis;
    2. Risk factors;
    3. The role of oophorectomy and hysterectomy in the development of osteoporosis;
    4. The prevention of osteoporosis, including nutrition, physical exercise, and weight;
    5. Diagnostic procedures and appropriate indications for their use;
    6. The risks and benefits of hormone replacement therapy;
    7. Environment safety and injury prevention; and
    8. Availability of osteoporosis treatment services in the community.
  3. The department may consult, contract, or establish a cooperative relationship with local health departments, the University of Kentucky College of Agriculture Cooperative Extension Service, libraries, and community organizations to carry out the requirements of subsections (1) and (2) of this section.
  4. The department may use existing publications, the Department for Public Health Web site, and the Kentucky e-Health Network to promote health care provider awareness of clinical practice guidelines related to the prevention, diagnosis, and treatment of osteoporosis.

History. Enact. Acts 2006, ch. 96, § 1, effective July 12, 2006.

Services for Children and Youth

211.640. Duties of cabinet.

The duties of the Cabinet for Health and Family Services shall be to:

  1. Promote and develop effective programs of education, health, recreation, welfare, public safety, and correctional services for children and youth;
  2. Conduct continuing programs of public information to educate the public as to problems of children and youth;
  3. Assist and encourage governmental and private agencies to coordinate their efforts on behalf of children and youth;
  4. Cooperate with the federal government and with the governments of other states and cities in programs relating to children and youth;
  5. Conduct programs of research as to the needs of children and youth in order to facilitate more comprehensive and better-related social planning and action.

History. Enact. Acts 1962, ch. 106, Art. XIV, § 4a; 1974, ch. 74, Art. VI, § 69; 1998, ch. 426, § 306, effective July 15, 1998; 2005, ch. 99, § 364, effective June 20, 2005.

211.645. Definitions for KRS 211.647 and 216.2970.

As used in KRS 211.647 and 216.2970 , unless the context requires otherwise:

  1. “Cabinet” means the Cabinet for Health and Family Services;
  2. “Office” means the Office for Children with Special Health Care Needs;
  3. “Permanent childhood hearing loss” means a hearing deficit identified in infancy or childhood which prevents the acquisition of speech and language through normal channels;
  4. “Auditory screening report” means a written evaluation of an auditory screening as required under KRS 216.2970 ; and
  5. “Infant at high risk for late onset, progressive hearing loss, or both” means a child at birth who is at a higher risk than normal of becoming deaf or hard of hearing or having progressively worsening hearing due to one (1) or more of the following factors:
    1. Family history of a congenital hearing loss;
    2. Rubella or virus during pregnancy;
    3. Neonatal intensive care of more than five (5) days;
    4. Below-normal birth weight;
    5. Neonatal intensive care, regardless of the number of days, for any of the following conditions:
      1. Extracorporeal membrane oxygenation (ECMO);
      2. Assisted ventilation;
      3. Exposure to ototoxic medications, including but not limited to gentramycin and tobramycin, or loop diuretics, including but not limited to furosemide;
      4. Hyperbilirubinemia that requires an exchange transfusion;
      5. Syndromes associated with hearing loss and progressive or late onset hearing loss, including but not limited to neurofibromatosis, osteopetrosis, and Usher, Waardenburg, Alport, Pendred, and Jervell and Lange-Nielson Syndromes;
      6. Congenital ear, nose, or throat anomalies, including but not limited to those involving the pinna, ear canal, ear tags, ear pits, and temporal bone; or
      7. Culture-positive postnatal infections associated with sensorineural hearing loss, including but not limited to confirmed bacterial and viral meningitis;
    6. An auditory screening indicating a hearing loss; or
    7. Any other factor identified by the American Medical Association the American Academy of Pediatrics, or the American Academy of Otolaryngology as a cause of late onset or progressive hearing loss.

History. Enact. Acts 1986, ch. 489, § 2, effective July 15, 1986; 1990, ch. 369, § 37, effective July 13, 1990; 1992, ch. 144, § 12, effective July 14, 1992; 1994, ch. 405, § 75, effective July 15, 1994; 1998, ch. 426, § 307, effective July 15, 1998; 2000, ch. 308, § 9, effective July 14, 2000; 2005, ch. 99, § 365, effective June 20, 2005; 2009, ch. 102, § 1, effective June 25, 2009.

Legislative Research Commission Notes.

(8/23/2019). In 2018 Ky. Acts ch. 114, sec. 1, the General Assembly renamed the “Commission for Children with Special Health Care Needs” as the “Office for Children with Special Health Care Needs.” A reference to that “Commission” was changed to “Office” in subsection (2) of this statute. This name correction should have been addressed when 2018 Ky. Acts ch. 114 was codified, but it wasn't. This change is being made now under the authority of KRS 7.136(2).

(7/14/2018). Under the authority of KRS 7.136(2), one or more references to the “Commission for Children with Special Health Care Needs” in this statute have been changed in codification to the “Office for Children with Special Health Care Needs” to reflect the renaming of the commission by the General Assembly in 2018 Ky. Acts ch. 114.

211.647. Duty of office on receipt of hearing risk certificate — Standards for audiological assessment and diagnostic centers.

  1. The office, on receipt of an auditory screening report of an infant from a hospital or alternative birthing center in accordance with KRS 216.2970 shall review each auditory screening report that indicates a potential hearing loss. The office shall contact the parents to schedule follow-up evaluations or make a referral for evaluations within three (3) business days.
  2. The office shall secure information missing from birth certificates or hospital referral reports which is relevant to identifying infants with a hearing loss.
  3. The office shall establish standards for infant audiological assessment and diagnostic centers based on accepted national standards, including but not limited to the “Guidelines for the Audiologic Assessment of Children From Birth to 5 Years of Age” as published by the American Speech-Language-Hearing Association (ASHA) and the “Year 2007 Position Statement: Principles and Guidelines for Early Hearing Detection and Intervention Programs” as published by the Joint Committee on Infant Hearing (JCIH). The office may promulgate administrative regulations in accordance with KRS Chapter 13A to establish the standards for the centers.
  4. The office shall maintain a list of approved infant audiological assessment and diagnostic centers that meet the standards established by the office. An audiological assessment and diagnostic center included on the list shall meet the standards established by the office. An approved center may voluntarily choose not to be included on the list.
  5. An approved audiology assessment and diagnostic center shall agree to provide requested data to the office for each infant evaluated and on any newly identified children ages birth to three (3) years with a permanent childhood hearing loss within forty-eight (48) hours and make a referral to the Kentucky Early Intervention System point of entry in the service area of the child’s residence for services under KRS 200.664 . A center shall submit documentation to the office of a referral made to the Kentucky Early Intervention System. A referral received by the Kentucky Early Intervention System from a center shall be considered a referral from the office.
  6. If the audiological evaluation performed by the office contains evidence of a hearing loss, within forty-eight (48) hours the office shall:
    1. Contact the attending physician and parents and provide information to the parents in an accessible format as supplied by the Kentucky Commission on the Deaf and Hard of Hearing; and
    2. Make a referral to the Kentucky Early Intervention System point of entry in the service area of the child’s residence for services under KRS 200.664 .
  7. The office shall forward a report of an audiological evaluation that indicates a hearing loss, with no information that personally identifies the child, to:
    1. The Kentucky Commission on the Deaf and Hard of Hearing for census purposes; and
    2. The Kentucky Birth Surveillance Registry for information purposes.
  8. Cumulative demographic data of identified infants with a hearing loss shall be made available to agencies and organizations including but not limited to the Cabinet for Health and Family Services and the Early Childhood Advisory Council, requesting the information for planning purposes.

History. Enact. Acts 1986, ch. 489, § 3, effective July 15, 1986; 1992, ch. 144, § 13, effective July 14, 1992; 1998, ch. 426, § 308, effective July 15, 1998; 2000, ch. 308, § 10, effective July 14, 2000; 2005, ch. 99, § 366, effective June 20, 2005; 2009, ch. 102, § 2, effective June 25, 2009; 2013, ch. 57, § 9, effective June 25, 2013.

Legislative Research Commission Note.

(8/23/2019). In 2018 Ky. Acts ch. 114, sec. 1, the General Assembly renamed the “Commission for Children with Special Health Care Needs” as the “Office for Children with Special Health Care Needs.” References to that “commission” were changed to “office” throughout this statute. These name corrections should have been addressed when 2018 Ky. Acts ch. 114 was codified, but they weren’t. These changes are being made now under the authority of KRS 7.136(2).

211.650. Acceptance and disposition of gifts and grants. [Repealed.]

Compiler’s Notes.

This section (Enact.Acts 1962, ch. 106, Art. XIV, § 4b) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

Birth Defects Registry

211.651. Definitions for KRS 211.651 to 211.670.

As used in KRS 211.651 to 211.670 , unless the context otherwise requires:

  1. “Cabinet” means the Cabinet for Health and Family Services;
  2. “Secretary” means the secretary of the Cabinet for Health and Family Services;
  3. “Department” means the Department for Public Health; and
  4. “Designee” means a local health department, board for mental health or individuals with an intellectual disability, or other governmental or private agency designated by the Department for Public Health.

History. Enact. Acts 1992, ch. 62, § 1, effective July 14, 1992; 1998, ch. 426, § 309, effective July 15, 1998; 2005, ch. 99, § 367, effective June 20, 2005; 2012, ch. 146, § 100, effective July 12, 2012.

211.655. Legislative findings and statement of intent.

The General Assembly hereby finds and declares that congenital anomalies, stillbirths, and high risk conditions represent problems of significant health importance about which too little is known; that conditions of this nature lead to severe mental anguish on the part of parents and frequently to high medical care costs; and that a system to obtain more information about these conditions could result in development and implementation of preventive measures to decrease their incidence and prevalence in the future. Therefore, it is the intent of the General Assembly to:

  1. Provide information on the incidence, prevalence, and trends of birth defects, stillbirths, and high risk conditions;
  2. Provide information as to the possible causes of congenital anomalies, stillbirths, and high risk conditions; and
  3. Develop prevention strategies to reduce the incidence of congenital anomalies, stillbirths, and high risk conditions and to reduce secondary complications associated with high risk conditions.

History. Enact. Acts 1992, ch. 62, § 2, effective July 14, 1992; 1994, ch. 405, § 76, effective July 15, 1994.

211.660. Kentucky birth surveillance registry — Department’s authority to promulgate administrative regulations.

  1. The Department for Public Health shall establish and maintain a Kentucky birth surveillance registry that will provide a system for the collection of information concerning birth defects, stillbirths, and high-risk conditions. The system may cover all or part of the Commonwealth.
  2. In establishing the system, the department may review vital statistics records, and shall also consider expanding the current list of congenital anomalies and high-risk conditions as reported on birth certificates.
    1. The department may require general acute-care hospitals licensed under KRS Chapter 216B to maintain a list of all inpatients and voluntarily to maintain a list of all outpatients up to the age of five (5) years with a primary diagnosis of a congenital anomaly or high-risk condition as defined by the department upon the recommendation of the appointed advisory committee. Hospital participation regarding its outpatients shall be voluntary and subject to the discretion of each hospital. (3) (a) The department may require general acute-care hospitals licensed under KRS Chapter 216B to maintain a list of all inpatients and voluntarily to maintain a list of all outpatients up to the age of five (5) years with a primary diagnosis of a congenital anomaly or high-risk condition as defined by the department upon the recommendation of the appointed advisory committee. Hospital participation regarding its outpatients shall be voluntary and subject to the discretion of each hospital.
    2. The department may require medical laboratories licensed under KRS Chapter 333 to maintain medical records for all persons up to the age of five (5) years with a primary diagnosis of or a laboratory test result indicating congenital anomaly or high-risk condition as defined by the department upon the recommendation of the appointed advisory committee.
  3. Each licensed free-standing birthing center, general acute-care hospital licensed under KRS Chapter 216B, and medical laboratory licensed under KRS Chapter 333 shall grant, if required or otherwise participating voluntarily under the provisions of subsection (3) of this section, to any Kentucky Birth Surveillance Registry personnel or his or her designee, upon presentation of proper identification, access to the medical records of any patient meeting the criteria in subsection (3) of this section. If the department’s agent determines that copying of the medical records is necessary, associated costs shall be borne by the Department for Public Health at the rate pursuant to KRS 422.317 .
  4. No liability of any kind, character, damages, or other relief shall arise or be enforced against any licensed free-standing birthing center, general acute-care hospital, or medical laboratory by reason of having provided the information or material to the Kentucky Birth Surveillance Registry.
  5. The Department for Public Health may implement the provisions of KRS 211.651 to 211.670 through the promulgation of administrative regulations in accordance with the provisions of KRS Chapter 13A.

History. Enact. Acts 1992, ch. 62, § 3, effective July 14, 1992; 1994, ch. 405, § 77, effective July 15, 1994; 1998, ch. 327, § 1, effective July 15, 1998; 1998, ch. 426, § 310, effective July 15, 1998; 2002, ch. 287, § 1, effective July 15, 2002.

211.665. Advisory committee — Duties. [Repealed]

HISTORY: Enact. Acts 1992, ch. 62, § 4, effective July 14, 1992; 1994, ch. 405, § 78, effective July 15, 1994; 2002, ch. 287, § 2, effective July 15, 2002; repealed by 2018 ch. 112, § 19, effective July 14, 2018.

211.670. Confidentiality of registry reports and records — Use of information.

  1. All lists and medical records maintained by hospitals and medical laboratories pursuant to KRS 211.660 shall be confidential. All information collected and analyzed pursuant to KRS 211.660 shall be held confidential as to the identity of the individual patient. Staff of the cabinet, the department, or its designee may use the information to notify parents of available medical care and other services available for the child and family. Further disclosure shall be made only pursuant to the written consent of the child’s parent or legal guardian.
  2. Access to information assembled by the Kentucky birth surveillance registry shall be limited to the cabinet, the department, or its designee and to qualified persons or organizations engaged in demographic, epidemiological or other similar studies related to health and health care provision. A written agreement to maintain confidentiality shall be required if access is approved for persons other than representatives of the cabinet.
  3. The department shall maintain a record of all persons given access to the information in the Kentucky birth surveillance registry. The record shall include: the name of the person authorizing access; name, title, and organizational affiliation of person given access; dates of access; and the specific purpose for which information is to be used. This record of access shall be open to public inspection during normal operating hours of the department.
  4. Information assembled by the Kentucky birth surveillance registry may be disclosed in summary, statistical, or other form which does not identify particular individuals or individual sources of information.
  5. Any person who, in violation of a written agreement to maintain confidentiality, discloses any information provided under KRS 211.660 may be denied further access to confidential information maintained by the department.

History. Enact. Acts 1992, ch. 62, § 5, effective July 14, 1992; 1994, ch. 405, § 79, effective July 15, 1994; 2002, ch. 287, § 3, effective July 15, 2002; 2018 ch. 112, § 15, effective July 14, 2018 ch. 112, § 18, effective July 14, 2018; 2018 ch. 112, § 18, effective July 14, 2018.

Legislative Research Commission Note.

(7/14/2018). This statute was amended identically by 2018 Ky. Acts ch. 112, secs. 15 and 18, which have been codified together.

Pregnancy and Perinatal Care

211.672. Definitions for KRS 211.672 to 211.678.

As used in KRS 211.672 to 211.678 , unless the context requires otherwise:

  1. “Cabinet” means the Cabinet for Health and Family Services;
  2. “Commissioner” means the commissioner of the Department for Public Health;
  3. “Department” means the Department for Public Health; and
  4. “Secretary” means the secretary of the Cabinet for Health and Family Services.

History. Enact. Acts 2013, ch. 118, § 12, effective June 25, 2013.

211.674. Perinatal Advisory Committee — Membership — Meetings — Report. [Repealed]

HISTORY: Enact. Acts 2013, ch. 118, § 13, effective June 25, 2013; repealed by 2018 ch. 112, § 19, effective July 14, 2018.

211.676. Reporting of neonatal abstinence syndrome cases.

All cases of neonatal abstinence syndrome (NAS) diagnosed among Kentucky resident births shall be reported to the Kentucky Department for Public Health by the facility where NAS is diagnosed. The report shall be made at the time of NAS diagnosis pursuant to guidance issued by the department.

History. Enact. Acts 2013, ch. 118, § 14, effective June 25, 2013.

211.678. Information reported under KRS 211.672 to 211.678 — Annual publication of data regarding reports made relating to neonatal abstinence syndrome.

  1. Except as otherwise provided in this section, all information reported or furnished to the Kentucky Department for Public Health pursuant to KRS 211.672 to 211.678 shall be privileged and confidential, shall not be considered a public record under KRS 61.870 to 61.884 , and shall not be discussed at any meeting as defined in KRS 61.805 , unless conducted in a closed session in accordance with KRS 61.815 .
  2. Information reported in compliance with KRS 211.672 to 211.678 shall not be disclosed by any person or entity, and shall not be subject to subpoena, court order, or discovery, or admissible as evidence in any civil or administrative proceeding in the Commonwealth.
  3. For purposes of this section, “information” shall be liberally construed to include reports; statements; interviews; memoranda; data, whether kept individually or aggregated; or summaries of same.
  4. Nothing within this section is intended to limit the Kentucky Department for Public Health’s internal use of such information to fulfill the express purposes of KRS 211.672 to 211.678 .
  5. The Kentucky Department for Public Health shall publish on at least an annual basis de-identified statistical data on the number of reports made under KRS 211.676 relating to a diagnosis of neonatal abstinence syndrome. The report may segregate the data into reporting blocks no smaller than the regional or county level.

History. Enact. Acts 2013, ch. 118, § 15, effective June 25, 2013; 2014, ch. 42, § 1, effective July 15, 2014.

Review of Child Fatalities

211.680. Legislative intent and findings for KRS 211.680 to 211.686 and KRS 72.029.

The Kentucky General Assembly declares that the purpose of KRS 211.680 to 211.686 and KRS 72.029 is to reduce the number of child and maternal fatalities. The General Assembly finds that establishing priorities and developing programs to prevent child and maternal fatalities requires the:

  1. Accurate determination of the cause and manner of death;
  2. Cooperation and communication among agencies responsible for the investigation of child and maternal fatalities; and
  3. Collection and analysis of data to:
    1. Identify trends, patterns, and risk factors; and
    2. Evaluate the effectiveness of prevention and intervention strategies.

HISTORY: Enact. Acts 1996, ch. 347, § 1, effective July 15, 1996; 2018 ch. 152, § 2, effective July 14, 2018.

211.682. Interpretation of KRS 211.680 to 211.686 and KRS 72.029 with respect to laws relating to coroners.

The provisions of KRS 211.680 to 211.686 and KRS 72.029 shall not be interpreted to limit, restrict, or otherwise affect any power, authority, duty, or responsibility imposed by any other provisions of law upon any coroner, but rather shall be interpreted to aid, assist, and complement the coroner in the performance of those statutory duties.

History. Enact. Acts 1996, ch. 347, § 2, effective July 15, 1996.

211.684. Authorization to establish state child and maternal fatality review team — Annual report on child and maternal fatalities.

  1. For the purposes of KRS Chapter 211:
    1. “Child fatality” means the death of a person under the age of eighteen (18) years;
    2. “Local child and maternal fatality response team” and “local team” means a community team composed of representatives of agencies, offices, and institutions that investigate child and maternal deaths, including but not limited to, coroners, social service workers, medical professionals, law enforcement officials, and Commonwealth’s and county attorneys; and
    3. “Maternal fatality” means the death of a woman within one (1) year of giving birth.
  2. The Department for Public Health may establish a state child and maternal fatality review team. The state team may include representatives of public health, social services, law enforcement, prosecution, coroners, health-care providers, and other agencies or professions deemed appropriate by the commissioner of the department.
  3. If a state team is created, the duties of the state team may include the following:
    1. Develop and distribute a model protocol for local child and maternal fatality response teams for the investigation of child and maternal fatalities;
    2. Facilitate the development of local child and maternal fatality response teams which may include, but is not limited to, providing joint training opportunities and, upon request, providing technical assistance;
    3. Review and approve local protocols prepared and submitted by local teams;
    4. Receive data and information on child and maternal fatalities and analyze the information to identify trends, patterns, and risk factors;
    5. Evaluate the effectiveness of prevention and intervention strategies adopted; and
    6. Recommend changes in state programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate strategies for prevention and reduce the number of child and maternal fatalities.
  4. The department shall prepare an annual report to be submitted no later than November 1 of each year to the Governor, the Child Welfare Oversight and Advisory Committee established in KRS 6.943 , the Chief Justice of the Kentucky Supreme Court, and to be made available to the citizens of the Commonwealth. The report shall include a statistical analysis of the incidence and causes of child and maternal fatalities in the Commonwealth during the past fiscal year and recommendations for action. The report shall not include any information which would identify specific child and maternal fatality cases.

HISTORY: Enact. Acts 1996, ch. 347, § 3, effective July 15, 1996; 1998, ch. 426, § 311, effective July 15, 1998; 2000, ch. 14, § 61, effective July 14, 2000; 2018 ch. 152, § 3, effective July 14, 2018; 2018 ch. 159, § 54, effective July 14, 2018.

Legislative Research Commission Note.

(7/14/2018). This statute was amended by 2018 Ky. Acts chs. 152 and 159, which do not appear to be in conflict and have been codified together.

211.686. Authorization for coroners to establish local child and maternal fatality response teams — Confidentiality of team proceedings and records.

  1. A local child and maternal fatality response team may be established in every county or group of contiguous counties by the coroner or coroners with jurisdiction in the county or counties. The local coroner may authorize the creation of additional local teams within the coroner’s jurisdiction as needed.
  2. Membership of the local team may include representatives of the coroner, the local office of the Department for Community Based Services, law enforcement agencies with investigation responsibilities for child and maternal fatalities which occur within the jurisdiction of the local team, the Commonwealth’s and county attorneys, representatives of the medical profession, and other members whose participation the local team believes is important to carry out its purpose. Each local team member shall be appointed by the agency the member is representing and shall serve at the pleasure of the appointing authority.
  3. The purpose of the local child and maternal fatality response team shall be to:
    1. Allow each member to share specific and unique information with the local team;
    2. Generate overall investigative direction and emphasis through team coordination and sharing of specialized information;
    3. Create a body of information that will assist in the coroner’s effort to accurately identify the cause and reasons for death; and
    4. Facilitate the appropriate response by each member agency to the fatality, including but not limited to, intervention on behalf of others who may be adversely affected by the situation, implementation of health services necessary for protection of other citizens, further investigation by law enforcement, or legal action by Commonwealth’s or county attorneys.
  4. The local team may:
    1. Analyze information regarding local child and maternal fatalities to identify trends, patterns, and risk factors;
    2. Recommend to the state team, and any other entities deemed appropriate, changes in state or local programs, legislation, administrative regulations, policies, budgets, and treatment and service standards which may facilitate strategies for prevention and reduce the number of child and maternal fatalities; and
    3. Evaluate the effectiveness of local prevention and intervention strategies.
  5. The local team may establish a protocol for the investigation of child and maternal fatalities and may establish operating rules and procedures as it deems necessary to carry out the purposes of this section.
  6. The review of a child and maternal fatality by a local team may include information from reports generated or received by agencies, organizations, or individuals that are responsible for investigation, prosecution, or treatment in the case.
  7. The proceedings, records, opinions, and deliberations of the local team shall be privileged and shall not be subject to discovery, subpoena, or introduction into evidence in any civil action in any manner that would directly or indirectly identify specific persons or cases reviewed by the local team. Nothing in this subsection shall be construed to restrict or limit the right to discover or use in any civil action any evidence that is discoverable independent of the proceedings of the local team.

HISTORY: Enact. Acts 1996, ch. 347, § 4, effective July 15, 1996; 2000, ch. 14, § 43, effective July 14, 2000; 2018 ch. 152, § 4, effective July 14, 2018.

Home Visitation Services

211.689. Agencies receiving state funds for home visitation services.

  1. As used in this section and KRS 211.690 :
    1. “Home visitation” means a service delivery strategy with voluntary participation by eligible families that is carried out in the homes of at-risk parents during the prenatal period and until the child’s third birthday that provides face-to-face visits by nurses, social workers, and other early childhood professionals or trained and supervised paraprofessionals to improve maternal, infant, and child health and well-being, including:
      1. Reducing preterm births;
      2. Promoting positive parenting practices;
      3. Improving school readiness;
      4. Enhancing the social, emotional, and cognitive development of children;
      5. Reducing child abuse and neglect;
      6. Improving the health of the family; and
      7. Empowering families to be self-sufficient;
    2. “Home visitation program” means the voluntary statewide home visiting program established by KRS 211.690 or a program implementing a research-based model or a promising model that includes voluntary home visitation as a primary service delivery strategy that may supplement but shall not duplicate any existing program that provides assistance to parents of young children and that does not include:
      1. Programs with few or infrequent home visits;
      2. Home visits based on professional judgment or medical referrals that are infrequent and supplemental to a treatment plan;
      3. Programs in which home visiting is supplemental to other services, such as child protective services;
      4. In-home services delivered through provisions of an individualized family service plan or individualized education program under the federal Individuals with Disabilities Education Act, Part B or C; or
      5. Programs with goals related to direct intervention of domestic violence or substance abuse;
    3. “Research-based model” means a home visitation model based on a clear, consistent program model that:
      1. Is research-based, grounded in relevant empirically based knowledge, linked to program determined outcomes, has comprehensive home visitation standards that ensure high-quality service delivery and continuous quality improvement, and has demonstrated significant, sustained positive outcomes;
      2. Employs highly trained and competent professionals or paraprofessionals who are provided close supervision and continual professional development and training relevant to the specific model being delivered;
      3. Demonstrates strong linkages to other community-based services; and
      4. Is operated within an organization to ensure program fidelity and meets the outlined objectives and criteria for the model design; and
    4. “Promising model” means a home visitation model that has ongoing research, is modeled after programs with proven standards and outcomes, and has demonstrated its effectiveness or is actively incorporating model evaluation protocols designed to measure its efficacy.
  2. Beginning fiscal year 2014, an agency receiving state funds for the purpose of the delivery of home visitation services shall:
    1. Meet the definition of home visitation program in this section;
    2. Demonstrate to the Department for Public Health that it is part of a coordinated system of care for promoting health and well-being for at-risk parents during the prenatal period and until the child’s third birthday; and
    3. Report data to the statewide home visiting data system managed by the Department for Public Health in a uniform format prescribed by the department assuring common data elements, relevant home visiting data, and information to monitor program effectiveness, including program outcomes, numbers of families served, and other relevant data as determined by the department.

History. Enact. Acts 2013, ch. 118, § 16, effective June 25, 2013.

211.690. Health Access Nurturing Development Services for at-risk parents.

  1. There is established within the Cabinet for Health and Family Services the Health Access Nurturing Development Services (HANDS) program as a voluntary statewide home visitation program, for the purpose of providing assistance to at-risk parents during the prenatal period and until the child’s third birthday. The HANDS program recognizes that parents are the primary decision-makers for their children. The goals of the HANDS program are to:
    1. Facilitate safe and healthy delivery of babies;
    2. Provide information about optimal child growth and human development;
    3. Facilitate the safety and health of homes; and
    4. Encourage greater self-sufficiency of families.
  2. The cabinet shall administer the HANDS program in cooperation with the Cabinet for Health and Family Services and the local public health departments. The voluntary home visitation program may supplement, but shall not duplicate, any existing program that provides assistance to parents of young children.
  3. The HANDS program shall include an educational component on the recognition and prevention of pediatric abusive head trauma, as defined in KRS 620.020 .
  4. Participants in the HANDS program shall express informed consent to participate by written agreement on a form promulgated by the Cabinet for Health and Family Services.

History. Enact. Acts 2000, ch. 308, § 12, effective July 14, 2000; 2005, ch. 99, § 368, effective June 20, 2005; 2010, ch. 171, § 9, effective July 15, 2010.

Solid Waste Disposal

211.700. Definitions. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 1) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.703. Policy of state. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 2) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.707. Solid waste to be disposed of only at site for which permit issued. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 7) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.710. Disposal of wastes by individual from own household. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 9) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.713. Permit required for construction or operation of solid waste disposal site or facility. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 5) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.715. Use of incinerator may not be sole ground for denial of permit. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 234, § 1) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.717. Permit required for continuation of disposal site or facility. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 6) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.720. Powers of department of health. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 3) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.723. Department to represent state under federal law. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 4) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.727. Rules and regulations, contents. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 8) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

211.730. Violations may be enjoined. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1968, ch. 192, § 10; 1970, ch. 236, § 1) was repealed by Acts 1972 (1st Ex. Sess.), ch. 3, § 93, effective January 1, 1973.

Diabetes Research

211.735. Definitions for KRS 211.735 to 211.739. [Repealed]

History. Enact. Acts 2004, ch. 171, § 1, effective July 13, 2004; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2004, ch. 171, § 1, effective July 13, 2004) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.736. Creation of Kentucky Diabetes Research Board. [Repealed]

History. Enact. Acts 2004, ch. 171, § 2, effective July 13, 2004; 2005, ch. 99, § 369, effective June 20, 2005; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2004, ch. 171, § 2, effective July 13, 2004; 2005, ch. 99, § 369, effective June 20, 2005) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.737. Creation of Kentucky diabetes research trust fund. [Repealed]

History. Enact. Acts 2004, ch. 171, § 3, effective July 13, 2004; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2004, ch. 171, § 3, effective July 13, 2004) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.738. Application and review of proposed research projects. [Repealed]

History. Enact. Acts 2004, ch. 171, § 4, effective July 13, 2004; 2005, ch. 99, § 370, effective June 20, 2005; 2007, ch. 72, § 1, effective June 26, 2007; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2004, ch. 171, § 4, effective July 13, 2004; 2005, ch. 99, § 370, effective June 20, 2005; 2007, ch. 72, § 1, effective June 26, 2007) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

211.739. Granting of research contracts — Reports — Published research documents — Acknowledgment of funding source. [Repealed]

History. Enact. Acts 2004, ch. 171, § 5, effective July 13, 2004; repealed by 2017 ch. 80, § 58, effective June 29, 2017.

Compiler’s Notes.

This section (Enact. Acts 2004, ch. 171, § 5, effective July 13, 2004) was repealed by Acts 2017, ch. 80, § 58, effective June 29, 2017.

Hemophilia

211.740. Hemophilia advisory committee. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 63, § 2; 1984, ch. 111, § 107, effective July 13, 1984) was repealed, reenacted and amended as KRS 200.560 by Acts 1986, ch. 234, § 7, effective July 15, 1986.

211.750. Hemophilia treatment program. [Renumbered.]

Compiler’s Notes.

This section (Enact. Acts 1976, ch. 63, § 3) was repealed, reenacted and amended as KRS 200.550 by Acts 1986, ch. 234, § 6, effective July 15, 1986.

211.751. Goals, benchmarks, and plans to reduce incidence of diabetes, improve care, and control complications.

The Department for Medicaid Services, the Department for Public Health, the Office of Health Data and Analytics, and the Personnel Cabinet shall collaborate to identify goals and benchmarks while also developing individual entity plans to reduce the incidence of diabetes in Kentucky, improve diabetes care, and control complications associated with diabetes.

History. Enact. Acts 2011, ch. 83, § 1, effective June 8, 2011; 2019 ch. 90, § 7, effective June 27, 2019.

211.752. Annual reports to Legislative Research Commission.

The Department for Medicaid Services, the Department for Public Health, the Office of Health Data and Analytics, and the Personnel Cabinet shall submit a report to the Legislative Research Commission by January 10 of each odd-numbered year on the following:

  1. The financial impact and reach diabetes of all types is having on the entity, the Commonwealth, and localities. Items included in this assessment shall include the number of lives with diabetes impacted or covered by the entity, the number of lives with diabetes and family members impacted by prevention and diabetes control programs implemented by the entity, the financial toll or impact diabetes and its complications places on the program, and the financial toll or impact diabetes and its complications places on the program in comparison to other chronic diseases and conditions;
  2. An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease. This assessment shall also document the amount and source for any funding directed to the agency or entity from the Kentucky General Assembly for programs and activities aimed at reaching those with diabetes;
  3. A description of the level of coordination existing between the entities on activities, programmatic activities, and messaging on managing, treating, or preventing all forms of diabetes and its complications;
  4. The development or revision of detailed action plans for battling diabetes with a range of actionable items for consideration by the General Assembly. The plans shall identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications. The plan shall also identify expected outcomes of the action steps proposed in the following biennium while also establishing benchmarks for controlling and preventing relevant forms of diabetes; and
  5. The development of a detailed budget blueprint identifying needs, costs, and resources required to implement the plan identified in subsection (4) of this section. This blueprint shall include a budget range for all options presented in the plan identified in subsection (4) of this section for consideration by the General Assembly.

History. Enact. Acts 2011, ch. 83, § 2, effective June 8, 2011; 2019 ch. 90, § 8, effective June 27, 2019.

211.753. Use of agencies’ existing diabetes information, data, initiatives, and programs to implement KRS 211.751 and 211.752.

The requirements of KRS 211.751 and 211.752 shall be limited to the diabetes information, data, initiatives, and programs within each agency prior to June 8, 2011, unless there is unobligated funding for diabetes in each agency that may be used for new research, data collection, reporting, or other requirements of KRS 211.751 and 211.752 .

History. Enact. Acts 2011, ch. 83, § 3, effective June 8, 2011.

Breast-feeding

211.755. Breast-feeding permitted — Municipal ordinances not to prohibit or restrict — Interference prohibited.

  1. Notwithstanding any other provision of the law, a mother may breast-feed her baby or express breast milk in any location, public or private, where the mother is otherwise authorized to be. Breast-feeding a child or expressing breast milk as part of breast-feeding shall not be considered an act of public indecency and shall not be considered indecent exposure, sexual conduct, lewd touching, or obscenity.
  2. A municipality may not enact an ordinance that prohibits or restricts a mother breast-feeding a child or expressing breast milk in a public or private location where the mother and child are otherwise authorized to be. In a municipal ordinance, indecent exposure, sexual conduct, lewd touching, obscenity, and similar terms do not include the act of a mother breast-feeding a child in a public or private location where the mother and child are otherwise authorized to be.
  3. No person shall interfere with a mother breast-feeding her child in any location, public or private, where the mother is otherwise authorized to be.

History. Enact. Acts 2006, ch. 80, § 1, effective July 12, 2006.

Tattooing

211.760. Tattooing and body piercing of humans by nonmedical personnel for remuneration — Registration — Administrative regulations — Compliance checks — Hearings.

  1. As used in this section:
    1. “Body piercing” means the act of penetrating the skin or body part of a human being to make a hole, mark, or scar;
    2. “Facility” means the place of business where tattooing, body piercing, or both are conducted; and
    3. “Tattooing” means the act of producing scars on a human being or the act of inserting pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, to produce indelible marks or figures visible through the skin, including the application of permanent makeup.
  2. No person shall engage in, offer to engage in, or carry on any business of tattooing, body piercing, or both of humans by nonmedical personnel for remuneration within the Commonwealth of Kentucky without first registering with the local health department in the district or county in which the person is to perform tattooing, body piercing, or both. Registrations shall be valid for one (1) year. Applicants for registration shall pay a fee that shall not exceed administrative costs of the program to the cabinet, to the local or district health department.
  3. The Cabinet for Health and Family Services shall promulgate administrative regulations relating to:
    1. Health and cleanliness of places of business in which tattooing, body piercing, or both are conducted;
    2. Sterilization of tattooing and body piercing apparatus;
    3. Procedures to prevent the spread of disease or infection during or relating to tattooing and body piercing procedures;
    4. Procedures to prevent any tattooing or body piercing of minors without the written notarized consent of a custodial parent or legal guardian; and
    5. Such other administrative regulations as may be necessary to protect public health or properly administer the program requirements of this section, including application and licensing fees.
  4. Representatives of the cabinet or local or district health departments may visit a facility at any time during business hours to ensure compliance with the requirements of this section. Representatives of local or district health departments shall visit each registered facility in their county or district not less than twice each year.
  5. Any administrative hearing conducted under this section shall be conducted in accordance with KRS Chapter 13B.

History. Enact. Acts 1992, ch. 385, § 1, effective July 14, 1992; 1996, ch. 318, § 108, effective July 15, 1996; 1998, ch. 426, § 312, effective July 15, 1998; 2002, ch. 153, § 1, effective July 15, 2002; 2005, ch. 99, § 371, effective June 20, 2005; 2018 ch. 136, § 9, effective July 1, 2019.

Kidney Disease

211.810. Kentucky state kidney disease institute. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 202, § 1) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.820. Functions, powers, and duties of Cabinet for Health and Family Services.

  1. The Cabinet for Health and Family Services shall have the following functions, powers, and duties:
    1. To conduct a survey of all of the existing facilities within the state having to do with the diagnosis, evaluation, and treatment of patients with kidney disease and to prepare and submit its findings and a specific program of action;
    2. To evaluate the need for the creation of local or regional facilities and for the establishing of a major kidney research center;
    3. To develop and administer scientific investigations into the cause, prevention, methods of treatment, and cure of renal disease, including research into transplantation of kidneys;
    4. To develop techniques for an effective method of mass testing for the detection of kidney diseases and urinary tract infections;
    5. To develop more efficient methods of medical care for kidney disease and to develop more effective and economical kidney dialysis equipment;
    6. To survey and evaluate the need for a program of professional education and training for medical students, physicians, and nurses in the care and treatment of kidney diseases;
    7. To report to the Governor and to a committee of the legislature annually on or before February 1 its findings, a progress report, its activities and the state’s total needs in this area; and
    8. To enter into such contracts and agreements with individuals, colleges, universities, associations, corporations, municipalities, and other units of government as may be deemed necessary and advisable to carry out the general intent and purposes of this section. Such contracts may provide for payment by the state, within the limit of funds available, for materials, equipment, or services.
  2. The secretary may adopt rules and regulations necessary to effect the purposes of this section.

History. Enact. Acts 1970, ch. 202, § 2; 1974, ch. 74, Art. VI, § 107(21), (25); 1978, ch. 384, § 63, effective June 17, 1978; 1998, ch. 426, § 313, effective July 15, 1998; 2005, ch. 99, § 372, effective June 20, 2005.

211.830. Advisory council. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1970, ch. 202, § 3) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

Radiation Control

211.840. Short title.

KRS 211.842 to 211.852 may be cited as the “Kentucky Radiation Control Act of 1978”.

History. Enact. Acts 1978, ch. 279, § 1, effective June 17, 1978.

211.842. Duties of Cabinet for Health and Family Services — Right of entry upon property.

  1. The Cabinet for Health and Family Services is the radiation control agency of the State of Kentucky.
  2. The Cabinet for Health and Family Services shall issue licenses pertaining to radioactive materials and require registration of other sources of ionizing radiation.
  3. The Cabinet for Health and Family Services shall develop and conduct programs for evaluation and control of hazards associated with the use of sources of ionizing, nonionizing, and electronic product radiation.
  4. The cabinet or its duly authorized representative may enter at a reasonable time upon the property of a licensee, registrant, or other person where sources of ionizing, nonionizing, or electronic product radiation are reasonably believed to be located for the purpose of determining whether or not such licensee, registrant, or other person is in compliance with or in violation of the provisions of KRS 211.842 to 211.852 and administrative regulations promulgated hereunder, and the owner, occupant, or person in charge of the property shall permit entry and inspection; provided, that entry into areas under the jurisdiction of an agency of the federal government or its duly designated representative shall be only upon permission of the agency or its representative.

History. Enact. Acts 1978, ch. 279, § 2, effective June 17, 1978; 1992, ch. 328, § 5, effective July 14, 1992; 1998, ch. 426, § 314, effective July 15, 1998; 2005, ch. 99, § 373, effective June 20, 2005.

Research References and Practice Aids

Northern Kentucky Law Review.

Reynolds, Who’s Going to Regulate NORM?, 22 N. Ky. L. Rev. 5 (1995).

211.843. Licensees of radioactive materials to provide sureties — Revocation of license.

The secretary for health and family services may, by administrative regulation, require licensees of radioactive materials to provide an adequate surety or other financial arrangement, in such amount as the secretary deems reasonably appropriate to cover potential cleanup costs in the event of abandonment, insolvency, or other inability of the licensee to meet the requirements of the secretary regarding a radioactive material accident or other public health hazard created by the presence of radioactive material at a site occupied by the licensee or formerly under its possession, ownership, or control. Acceptable sureties include bonds issued by fidelity or surety companies authorized or eligible to do business in Kentucky, cash deposits, certificates of deposit, deposits of government securities, irrevocable letters or lines of credit, trust funds, escrow accounts or such other types of arrangements, but shall not include any arrangement which essentially constitutes self-insurance. The secretary shall be the obligee of the surety and the proceeds of the surety shall be used by the secretary for defraying the cost of cleaning up and decontaminating the area of property involved. Failure to comply with any regulation promulgated to carry out this section by any licensee shall result in automatic revocation of such license by operation by law.

History. Enact. Acts 1988, ch. 277, § 2, effective July 15, 1988; 1998, ch. 426, § 315, effective July 15, 1998; 2005, ch. 99, § 374, effective June 20, 2005.

211.844. Regulatory authority of cabinet.

  1. The Cabinet for Health and Family Services shall provide by administrative regulation for the registration and licensing of the possession or use of any source of ionizing or electronic product radiation and the handling and disposal of radioactive waste. The cabinet may prescribe specific conditions or means for the disposal and volume and source reduction of radioactive materials including radioactive waste. These administrative regulations shall include but need not be limited to specification of the form of applications for registration and licenses, the qualifications therefor, grounds for revocation, appeal pursuant to KRS Chapter 13B, and other matters necessary to carry out the intent of KRS 211.842 to 211.852 and to protect the public from unnecessary radiation exposure.
  2. All administrative regulations adopted prior to June 17, 1978, by the Cabinet for Human Resources and on file with the Legislative Research Commission shall continue in full force and effect unless subsequently amended or repealed pursuant to the provisions of KRS 211.842 to 211.852 .

History. Enact. Acts 1978, ch. 279, § 3, effective June 17, 1978; 1988, ch. 277, § 3, effective July 15, 1988; 1996, ch. 318, § 110, effective July 15, 1996; 1998, ch. 426, § 316, effective July 15, 1998; 2005, ch. 99, § 375, effective June 20, 2005.

Research References and Practice Aids

Northern Kentucky Law Review.

Reynolds, Who’s Going to Regulate NORM?, 22 N. Ky. L. Rev. 5 (1995).

211.846. Monitoring radioactive waste material sites.

The Cabinet for Health and Family Services shall monitor radioactive waste material sites in Kentucky for the protection of the public health, safety, and welfare. The Finance and Administration Cabinet and the Cabinet for Health and Family Services shall cooperate and coordinate their activities in the leasing, regulation, monitoring, and control of radioactive waste material burial sites.

History. Enact. Acts 1978, ch. 279, § 4, effective June 17, 1978; 1998, ch. 426, § 317, effective July 15, 1998; 2005, ch. 99, § 376, effective June 20, 2005.

211.848. Fees and charges for registration and licensing — Disposition.

  1. The secretary of the Cabinet for Health and Family Services shall fix a reasonable schedule of fees and charges, by regulation, to be paid by applicants for registration of radiation-producing machines and radioactive material licenses and for renewal of the certificates and licenses. The secretary shall also prescribe, by regulation, a reasonable schedule of fees to be paid by registrants and licensees for inspections and environmental surveillance activities conducted by the cabinet.
  2. All fees and charges collected by the Cabinet for Health and Family Services under the provisions of KRS 211.842 to 211.852 or the administrative regulations adopted pursuant to KRS 211.844 shall be paid into the State Treasury and credited to a trust and agency fund to be used by the Cabinet for Health and Family Services in carrying out the provisions of KRS 211.842 to 211.852 .

History. Enact. Acts 1978, ch. 279, § 5, effective June 17, 1978; 1990, ch. 458, § 16, effective July 13, 1990; 1998, ch. 426, § 318, effective July 15, 1998; 2005, ch. 99, § 377, effective June 20, 2005.

211.850. Injunction against violations.

Whenever, in the opinion of the Attorney General or the secretary of the Cabinet for Health and Family Services, the person is violating or is about to violate any of the provisions of KRS 211.842 to 211.852 , or any regulation lawfully promulgated pursuant thereto, the Attorney General or the secretary may apply to the appropriate court for an order enjoining the person from engaging or continuing to engage in the violative act, and upon a showing that such person has engaged or is about to engage in such activity, a restraining order or permanent or temporary injunction, or any other appropriate order shall be granted.

History. Enact. Acts 1978, ch. 279, § 6, effective June 17, 1978; 1998, ch. 426, § 319, effective July 15, 1998; 2005, ch. 99, § 378, effective June 20, 2005.

211.852. Prerequisites to approval of nuclear waste disposal facility — Procedure — Exception.

  1. The location of a nuclear waste disposal facility in the Commonwealth of Kentucky shall require prior approval by a majority of the members of the Kentucky House of Representatives, a majority of the members of the Kentucky Senate, and the approval of the Governor of Kentucky.
  2. Before an application to locate a nuclear waste disposal facility in Kentucky can be submitted for approval to the Kentucky General Assembly, it must first receive the approval of the secretary of the Cabinet for Health and Family Services and the secretary of the Energy and Environment Cabinet. It shall be the responsibility of the Cabinet for Health and Family Services and the Energy and Environment Cabinet to ensure that a comprehensive environmental impact statement is submitted and that public hearings are held in the county in which it is proposed to locate a nuclear waste disposal facility.
  3. This section shall not apply to nuclear waste disposal facilities in existence prior to June 17, 1978.

History. Enact. Acts 1978, ch. 279, § 8, effective June 17, 1978; 1998, ch. 426, § 320, effective July 15, 1998; 2005, ch. 99, § 379, effective June 20, 2005; 2010, ch. 24, § 313, effective July 15, 2010.

Opinions of Attorney General.

If Kentucky chooses not to join a regional compact for low level nuclear waste and instead decides to build a disposal facility for Kentucky generated wastes, Kentucky cannot exclude out-of-state generated wastes. OAG 83-153 .

If Kentucky joined one of the proposed regional interstate compacts for nuclear waste management, most if not all of the provisions in KRS Chapter 211 pertaining to opening and closing nuclear waste disposal facilities would be superceded by the terms of such a compact to the extent the existing statutes conflict with the compact. If Kentucky does not join a compact, it may not ban importation of waste for disposal at disposal facilities operating in Kentucky. OAG 83-153 .

Kentucky cannot create a compact, with Kentucky the only member, and thereby gain the benefit of the federal Low Level Waste Policy Act allowing compact members to exclude waste generated by noncompact states. OAG 83-153 .

211.854. Monitoring radiation in discharges into rivers — Report of violations to United States attorney.

  1. The Cabinet for Health and Family Services may monitor the radiation in discharges into rivers along the Kentucky border from all nuclear power plants located on either side of such rivers for the protection of the health, safety, and welfare of the citizens of the Commonwealth. Monitoring may be conducted on a continuous basis.
  2. If there is evidence that the effluent standards applicable to any nuclear power facility are not being properly and expeditiously enforced, the Attorney General shall report such violations to the United States attorney for appropriate action or bring an action of mandamus against the appropriate enforcement agency.

History. Enact. Acts 1980, ch. 139, § 1, effective July 15, 1980; 1998, ch. 426, § 321, effective July 15, 1998; 2005, ch. 99, § 380, effective June 20, 2005.

211.855. Cabinet’s role as radon control agency for Commonwealth. [Renumbered.]

Compiler’s Notes.

This section was renumbered as as KRS 211.9135 effective June 8, 2011.

211.856. Certification of persons engaged in radon analysis, mitigation, or testing — Fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 328, § 2; 1998, ch. 426, § 323; 2005, ch. 99, § 382) was repealed by Acts 2011, ch. 74, § 21, effective June 8, 2011.

211.857. Injunctive relief against violators. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 328, § 3; 1998, ch. 426, § 324; 2005, ch. 99, § 383) was repealed by Acts 2011, ch. 74, § 21, effective June 8, 2011.

211.858. Penalty for violations of KRS 211.855 to 211.858. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1992, ch. 328, § 4; 1998, ch. 426, § 325; 2005, ch. 99, § 384) was repealed by Acts 2011, ch. 74, § 21, effective June 8, 2011.

Central Midwest Interstate Low-Level Radioactive Waste Compact

211.859. Central Midwest Interstate Low-Level Radioactive Waste Compact.

The Central Midwest Interstate Low-Level Radioactive Waste Compact is approved in the form as follows:

History. Enact. Acts 1986, ch. 18, § 2, effective July 15, 1986; 1994, ch. 349, § 2, effective July 15, 1994.

ARTICLE I. POLICY AND PURPOSE.

There is created the Central Midwest Interstate Low-Level Radioactive Waste Compact.

The states party to this compact recognize that the Congress of the United States, by enacting the Low-Level Radioactive Waste Policy Act (Title 42 U.S.C. sec. 2021 ), has provided for and encouraged the development of low-level radioactive waste compacts as a tool for managing such waste. The party states also recognize that the management of low-level radioactive waste is handled most efficiently on a regional basis; and, that the safe and efficient management of low-level radioactive waste generated within the region requires that sufficient capacity to manage such waste be properly provided.

  1. It is the policy of the party states to enter into a regional low-level radioactive waste management compact for the purpose of:
  1. Providing the instrument and framework for a cooperative effort;
  2. Providing sufficient facilities for the proper management of low-level radioactive waste generated in the region;
  3. Protecting the health and safety of the citizens of the region;
  4. Limiting the number of facilities required to manage low-level radioactive waste generated in the region effectively and efficiently;
  5. Promoting the volume and source reduction of low-level radioactive waste generated in the region;
  6. Distributing the costs, benefits and obligations of successful low-level radioactive waste management equitably among the party states and among generators and other persons who use regional facilities to manage their waste;
  7. Ensuring the ecological and economical management of low-level radioactive waste, including the prohibition of shallow-land burial of waste; and
  8. Promoting the use of above-ground facilities and other disposal technologies providing greater and safer confinement of low-level radioactive waste than shallow-land burial facilities.

    (b) Implicit in the congressional consent to this compact is the expectation by the Congress and the party states that the appropriate federal agencies will actively assist the compact commission and the individual party states to this compact by:

    (1) Expeditious enforcement of federal rules, regulations and laws;

    (2) Imposition of sanctions against those found to be in violation of federal rules, regulations and laws; and

    (3) Timely inspection of their licensees to determine their compliance with these rules, regulations and laws.

ARTICLE II. DEFINITIONS.

As used in this compact, unless the context clearly requires a different construction:

  1. “Commission” means the Central Midwest Interstate Low-Level Radioactive Waste Commission.
  2. “Decommissioning” means the measures taken at the end of a facility’s operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at a facility.
  3. “Disposal” means the isolation of waste from the biosphere in a permanent facility designed for that purpose.
  4. “Eligible state” means either the State of Illinois or the Commonwealth of Kentucky.
  5. “Extended care” means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or clean-up necessary to protect public health and the environment from radioactive releases from a regional facility.
  6. “Facility” means a parcel of land or site, together with the structures, equipment and improvements on or appurtenant to the land or site, which is used or is being developed for the treatment, storage or disposal of low-level radioactive waste.
  7. “Generator” means a person who produces or possesses low-level radioactive waste in the course of or incident to manufacturing, power generation, processing, medical diagnosis and treatment, research, or other industrial or commercial activity and who, to the extent required by law, is licensed by the U.S. Nuclear Regulatory Commission or a party state, to produce or possess such waste.
  8. “Host state” means any party state that is designated by the commission to host a regional facility, provided that a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year that is less than ten percent of the total volume recorded on such manifests for the region during the same year shall not be designated a host state.
  9. “Institutional control” means those activities carried out by the host state to physically control access to the disposal site following transfer of control of the disposal site from the disposal site operator to the state or federal government. These activities must include, but need not be limited to environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state, and administration of funds to cover the costs for these activities. The period of institutional control will be determined by the host state, but institutional control may not be relied upon for more than 100 years following transfer of control of the disposal site to the state or federal government.
  10. “Long-term liability” means the financial obligation to compensate any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and to provide for the costs for accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional facility.
  11. “Low-level radioactive waste” or “waste” means radioactive waste not classified as (1) high-level radioactive waste, (2) transuranic waste, (3) spent nuclear fuel, or (4) by-product material as defined in section 11e(2) of the Atomic Energy Act of 1954. This definition shall apply notwithstanding any declaration by the federal government, a state, or any regulatory agency that any radioactive material is exempt from any regulatory control.
  12. “Management plan” means the plan adopted by the commission for the storage, transportation, treatment and disposal of waste within the region.
  13. “Manifest” means a shipping document identifying the generator of waste, the volume of waste, the quantity of radionuclides in the shipment, and such other information as may be required by the appropriate regulatory agency.
  14. “Party state” means any eligible state which enacts the compact into law and pays the membership fee.
  15. “Person” means any individual, corporation, business enterprise or other legal entity, either public or private, and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity.
  16. “Region” means the geographical area of the party states.
  17. “Regional facility” means any facility as defined in Article II(f) that is (1) located within the region, and (2) established by a party state pursuant to designation of that state as a host state by the commission.
  18. “Shallow-land burial” means a land disposal facility in which radioactive waste is disposed of in or within the upper thirty meters of the earth’s surface; however, this definition shall not include an enclosed, engineered, strongly structurally enforced and solidified bunker that extends below the earth’s surface.
  19. “Site” means the geographic location of a facility.
  20. “Source reduction” means those administrative practices that reduce the radionuclide levels in low-level radioactive waste or that prevent the generation of additional low-level radioactive waste.
  21. “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands or any other territorial possession of the United States.
  22. “Storage” means the temporary holding of waste for treatment or disposal.
  23. “Treatment” means any method, technique or process, including storage for radioactive decay, designed to change the physical, chemical or biological characteristics or composition of any waste in order to render the waste safer for transport or management, amenable to recovery, convertible to another usable material or reduced in volume.
  24. “Volume reduction” means those methods including, but not limited to biological, chemical, mechanical and thermal methods used to reduce the amount of space that waste materials occupy and to put them into a form suitable for storage or disposal.
  25. “Waste management” means the source and volume reduction, storage, transportation, treatment or disposal of waste.

ARTICLE III. THE COMMISSION.

  1. There is created the Central Midwest Interstate Low-Level Radioactive Waste Commission. Upon the eligible states becoming party states, the commission shall consist of two voting commissioners from each state eligible to be designated a host state under Article VI(b), one voting commissioner from any other party state, and for each regional facility, one non-voting commissioner who is an elected official of local government and a resident of the county where that regional facility is located. The governor of each party state shall notify the commission in writing of its commissioners and any alternates.
  2. Each voting commissioner is entitled to one vote. No action of the commission is binding unless a majority of the voting membership casts its vote in the affirmative. In addition, no agreement by the commission under Article III(i)(1), Article III(i)(2), or Article III(i)(3) is valid unless all voting commissioners from the party state in which the facility where the waste would be sent is located cast their votes in the affirmative.
  3. The commission shall elect annually from among its members a chairperson. The commission shall adopt and publish, in convenient form, bylaws and policies that are not inconsistent with this compact, including procedures that conform with the provisions of the Federal Administrative Procedure Act (Title 5 U.S.C. secs. 500 to 559) to the greatest extent practicable in regard to notice, conduct and recording of meetings; access by the public to records; provision of information to the public; conduct of adjudicatory hearings; and issuance of decisions.
  4. The commission shall meet at least once annually and shall also meet upon the call of any voting commissioner.
  5. All meetings of the commission and its designated committees shall be open to the public with reasonable advance notice. The commission may, by majority vote, close a meeting to the public for the purpose of considering sensitive personnel or legal strategy matters. However, all commission actions and decisions shall be made in open meetings and appropriately recorded. A roll call may be required upon request of any voting commissioner.
  6. The commission may establish advisory committees for the purpose of advising the commission on any matters pertaining to waste management, waste generation and source and volume reduction.
  7. The office of the commission shall be in Illinois. The commission may appoint or contract for and compensate such staff necessary to carry out its duties and functions. The staff shall serve at the commission’s pleasure with the exception that staff hired as the result of securing federal funds shall be hired and governed under applicable federal statutes and regulations. In selecting any staff, the commission shall assure that the staff has adequate experience and formal training to carry out the functions assigned to it by the commission.
  8. All files, records and data of the commission shall be open to reasonable public inspection and may be copied upon payment of reasonable fees to be established where appropriate by the commission, except for information privileged against introduction in judicial proceedings. Such fees may be waived or shall be reduced substantially for not-for-profit organizations.
  9. The commission may:
  1. Enter into an agreement with any person to allow waste from outside the region to be disposed of at facilities in the region. However, no such agreement shall be effective unless and until ratified by a law enacted by the party state to which the waste would be sent for disposal.
  2. Enter into an agreement with any person to allow waste described in Article VII(a)(6) to be treated, stored, or disposed of at regional facilities. However, no such agreement shall be effective unless and until ratified by a law enacted by the host state of the regional facility where the waste would be sent for treatment, storage, or disposal.
  3. Enter into an agreement with any person to allow waste from outside the region to be treated or stored at facilities in the region. However, any such agreement shall be revoked as a matter of law if, within one (1) year of the effective date of the agreement, a law is enacted ordering the revocation by the party state where the waste would be sent for treatment or storage.
  4. Approve, or enter into an agreement with any person for, the export of waste from the region.
  5. Approve the disposal of waste generated within the region at a facility in the region other than a regional facility, subject to the limitations of Articles V(f) and VII(a)(6).
  6. Require that waste generated within the region be treated or stored at available regional facilities, subject to the limitations of Articles V(f), VII(a)(3), and VII(a)(6).
  7. Appear as an intervenor or party in interest before any court of law or any federal, state or local agency, board or commission in any matter related to waste management. In order to represent its views, the commission may arrange for any expert testimony, reports, evidence or other participation.
  8. Review the emergency closure of a regional facility, determine the appropriateness of that closure, and take whatever actions are necessary to ensure that the interests of the region are protected, provided that a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year that is less than ten percent of the total volume recorded on such manifests for the region during the same year shall not be designated a host state or be required to store the region’s waste. In determining the ten percent exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste.
  9. Take any action which is appropriate and necessary to perform its duties and functions as provided in this compact.
  10. Suspend the privileges or revoke the membership of a party state.

    (j) The commission shall:

    (1) Submit within ten (10) days of its execution to the Governor and the appropriate officers of the legislative body of the party state in which any affected facility is located a copy of any agreement entered into by the commission under Article III(i)(1), Article III(i)(2), or Article III(i)(3).

    (2) Submit an annual report to, and otherwise communicate with, the governors and the appropriate officers of the legislative bodies of the party states regarding the activities of the commission. The annual report shall include a description of the status of the activities taken pursuant to any agreement entered into by the commission under Article III(i)(1), Article III(i)(2), or Article III(i)(3), and any violation of any provision thereof, and a description of the source, volume, activity, and current status of any waste from outside the region or waste described under Article VII(a)(6) that was treated, stored, or disposed of in the region in the previous year.

    (3) Hear, negotiate, and, as necessary, resolve by final decision disputes which may arise between the party states regarding this compact.

    (4) Adopt and amend, as appropriate, a regional management plan that plans for the establishment of needed regional facilities.

    (5) Adopt an annual budget.

    (k) Funding of the budget of the commission shall be provided as follows:

    (1) Each state, upon becoming a party state, shall pay $50,000 to the commission which shall be used for the administrative costs of the commission.

    (2) Each state hosting a regional facility shall levy surcharges on each user of the regional facility based upon its portion of the total volume and characteristics of wastes managed at that facility. The surcharges collected at all regional facilities shall:

  1. Be sufficient to cover the annual budget of the commission; and
  2. Be paid to the commission, provided, however, that each host state collecting surcharges may retain a portion of the collection sufficient to cover its administrative costs of collection.

    ( l ) The commission shall keep accurate accounts of all receipts and disbursements. The commission shall contract with an independent certified public accountant to annually audit all receipts and disbursements of commission funds and to submit an audit report to the commission. The audit report shall be made a part of the annual report of the commission required by this Article.

    (m) The commission may accept for any of its purposes and functions and may utilize and dispose of any donations, grants of money, equipment, supplies, materials and services from any state or the United States (or any subdivision or agency thereof), or interstate agency, or from any institution, person, firm or corporation. The nature, amount and condition, if any, attendant upon any donation or grant accepted or received by the commission together with the identity of the donor, grantor or lender, shall be detailed in the annual report of the commission. The commission shall establish guidelines for the acceptance of donations, grants, equipment, supplies, materials and services and shall review such guidelines annually.

    (n) The commission is not liable for any costs associated with any of the following:

    (1) The licensing and construction of any facility;

    (2) The operation of any facility;

    (3) The stabilization and closure of any facility;

    (4) The extended care of any facility;

    (5) The institutional control, after extended care of any facility; or

    (6) The transportation of waste to any facility.

    (o) The commission is a legal entity separate and distinct from the party states and is liable for its actions as a separate and distinct legal entity. Commissioners are not personally liable for actions taken by them in their official capacity.

    (p) Except as provided under Article III(n), Article III(o), Article VI(p), and Article VI(q), nothing in this compact alters liability for any action, omission, course of conduct or liability resulting from any causal or other relationships.

    (q) Any person aggrieved by a final decision of the commission which adversely affects the legal rights, duties or privileges of such person, may petition a court of competent jurisdiction, within sixty days after the commission’s final decision, to obtain judicial review of said final decision.

ARTICLE IV. REGIONAL MANAGEMENT PLAN.

The commission shall adopt a regional management plan designed to ensure the safe and efficient management of waste generated within the region. In adopting a regional waste management plan the commission shall:

  1. Adopt procedures for determining, consistent with considerations of public health and safety, the type and number of regional facilities which are presently necessary and which are projected to be necessary to manage waste generated within the region.
  2. Develop and adopt policies promoting source and volume reduction of waste generated within the region.
  3. Develop alternative means for the treatment, storage and disposal of waste, other than shallow-land burial or underground injection well.
  4. Prepare a draft regional management plan that shall be made available in a convenient form to the public for comment. The commission shall conduct one or more public hearings in each party state prior to the adoption of the regional management plan. The regional management plan shall include the commission’s response to public and party state comment.

ARTICLE V. RIGHTS AND OBLIGATIONS OF PARTY STATES.

  1. Each party state shall act in good faith in the performance of acts and courses of conduct which are intended to ensure the provision of facilities for regional availability and usage in a manner consistent with this compact.
  2. Other than the provisions of Article V(f) and Article VII(a)(6), each party state has the right to have all wastes generated within its borders managed at regional facilities. This right shall be subject to the provisions of this compact. All party states have an equal right of access to any facility outside the region made available to the region by any agreement entered into by the commission pursuant to Article III (i)(4).
  3. Party states or generators may negotiate for the right of access to a facility outside the region and may export waste outside the region subject to commission approval under Article III (i)(4).
  4. To the extent permitted by federal law, each party state may enforce any applicable federal and state laws, regulations and rules pertaining to the packaging and transportation of waste generated within or passing through its borders. Nothing in this section shall be construed to require a party state to enter into any agreement with the U.S. Nuclear Regulatory Commission.
  5. Each party state shall provide to the commission any data and information the commission requires to implement its responsibilities. Each party state shall establish the capability to obtain any data and information required by the commission.
  6. Waste originating from the Maxey Flats nuclear waste disposal site in Fleming County, Kentucky shall not be shipped to any facility in Illinois for storage, treatment or disposal. Disposition of these wastes shall be the sole responsibility of the Commonwealth of Kentucky and such waste shall not be subject to the provisions of Article IX(b)(3) and (4) of this compact.

ARTICLE VI. DEVELOPMENT AND OPERATION OF FACILITIES.

  1. Any party state may volunteer to become a host state, and the commission may designate that state as a host state.
  2. If all regional facilities required by the regional management plan are not developed pursuant to Article VI (a), or upon notification that an existing regional facility will be closed, the commission may designate a party state as a host state. A party state shall not be designated as a host state for any regional facility under this Article VI(b) unless that state’s total volume of waste recorded on low-level radioactive waste manifests for any year is more than ten percent (10%) of the total volume recorded on those manifests for the region during the same year. In determining the ten percent (10%) exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage, or disposal of such waste, or waste described in Article VII(a)(6).
  3. Each party state designated as a host state is responsible for determining possible facility locations within its borders. The selection of a facility site shall not conflict with applicable federal and host state laws, regulations and rules not inconsistent with this compact and shall be based on factors including, but not limited to, geological, environmental, engineering and economic viability of possible facility locations.
  4. Any party state designated as a host state may request the commission to relieve that state of the responsibility to serve as a host state. The commission may relieve a party state of this responsibility upon a showing by the requesting party state that no feasible potential regional facility site of the type it is designated to host exists within its borders or for other good cause shown and consistent with the purposes of the compact.
  5. After a state is designated a host state by the commission, it is responsible for the timely development and operation of a regional facility.
  6. To the extent permitted by federal and state law, a host state shall regulate and license any facility within its borders and ensure the extended care of that facility.
  7. The commission may designate a party state as a host state while a regional facility is in operation if the commission determines that an additional regional facility is or may be required to meet the needs of the region.
  8. Designation of a host state is for a period of twenty years or the life of the regional facility which is established under that designation, whichever is shorter. Upon request of a host state, the commission may modify the period of its designation.
  9. A host state may establish a fee system for any regional facility within its borders. The fee system shall be reasonable and equitable. This fee system shall provide the host state with sufficient revenue to cover any costs including, but not limited to, the planning, siting, licensure, operation, pre-closure corrective action or clean-up, monitoring, inspection, decommissioning, extended care and long-term liability, associated with such facilities. This fee system may provide for payment to units of local government affected by a regional facility for costs incurred in connection with such facility. This fee system may also include reasonable revenue beyond the costs incurred for the host state, subject to approval by the commission. The fee system shall include incentives for source or volume reduction and may be based on the hazard of the waste. A host state shall submit an annual financial audit of the operation of the regional facility to the commission.
  10. A host state shall ensure that a regional facility located within its borders which is permanently closed is properly decommissioned. A host state shall also provide for the extended care of a closed or decommissioned regional facility within its borders so that the public health and safety of the state and region are ensured, unless, pursuant to the federal Nuclear Waste Policy Act of 1982, the federal government has assumed title and custody of the regional facility and the federal government thereby has assumed responsibility to provide for the extended care of such facility.
  11. A host state intending to close a regional facility located within its borders shall notify the commission in writing of its intention and the reasons. Notification shall be given to the commission at least five years prior to the intended date of closure. This section shall not prevent an emergency closing of a regional facility by a host state to protect its air, land and water resources and the health and safety of its citizens. However, a host state which has an emergency closing of a regional facility shall notify the commission in writing within three (3) working days of its action and shall, within thirty (30) working days of its action, demonstrate justification for the closing.
  12. If a regional facility closes before an additional or new facility becomes operational, waste generated within the region may be shipped temporarily to any location agreed on by the commission until a regional facility is operational, provided that the region’s waste shall not be stored in a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year which is less than ten percent (10%) of the total volume recorded on the manifests for the region during the same year. In determining the ten percent (10%) exclusion, there shall not be included waste recorded on low-level radioactive waste manifests by a person whose principal business is providing a service by arranging for the collection, transportation, treatment, storage or disposal of such waste, or waste described in Article VII(a)(6).
  13. A party state which is designated as a host state by the commission and fails to fulfill its obligations as a host state may have its privileges under the compact suspended or membership in the compact revoked by the commission.
  14. The host state shall create an “Extended Care and Long-Term Liability Fund” and shall allocate sufficient fee revenues, received pursuant to Article VI(i), to provide for the costs of:
  1. Decommissioning and other procedures required for the proper closure of a regional facility;
  2. Monitoring, inspection and other procedures required for the proper extended care of a regional facility;
  3. Undertaking any corrective action or clean-up necessary to protect human health and the environment from radioactive releases from a regional facility;
  4. Compensating any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional facility; the host state may allocate moneys in this fund in amounts as it deems appropriate to purchase insurance or to make other similar financial protection arrangements consistent with the purposes of this fund; this Article VI(n) shall in no manner limit the financial responsibilities of the site operator under Article VI(o), the party states under Article VI(p), or any person who sends waste to a regional facility, under Article VI(q).

    (o) The operator of a regional facility shall purchase an amount of property and third-party liability insurance deemed appropriate by the host state, pay the necessary periodic premiums at all times and make periodic payments to the Extended Care and Long-Term Liability Fund as set forth in Article VI(n) for such amounts as the host state reasonably determines is necessary to provide for future premiums to continue such insurance coverage, in order to pay the costs of compensating any person for medical and other expenses incurred from damages to human health, personal injuries suffered from damages to human health and damages or losses to real or personal property, and accomplishing any necessary corrective action or clean-up on real or personal property caused by radioactive releases from a regional facility. In the event of such costs resulting from radioactive releases from a regional facility, the host state should, to the maximum extent possible, seek to obtain moneys from such insurance prior to using moneys from the Extended Care and Long-Term Liability Fund.

    (p) All party states shall be liable for the cost of extended care and long-term liability in excess of moneys available from the Extended Care and Long-Term Liability Fund, as set forth in Article VI(n) and from the property and third-party liability insurance as set forth in Article VI(o). A party state may meet such liability for costs by levying surcharges upon generators located in the party state. The extent of such liability shall be based on the proportionate share of the total volume of waste placed in the regional facility by generators located in each such party state. Such liability shall be joint and several among the party states with a right of contribution between the party states. However, this section shall not apply to a party state with a total volume of waste recorded on low-level radioactive waste manifests for any year that is less than ten percent (10%) of the total volume recorded on such manifests for the region during the same year.

    (q) Any person who sends waste from outside the region or waste described in Article VII(a)(6) for treatment, storage, or disposal at a regional facility shall be liable for the cost of extended care and long-term liability of that regional facility in excess of the moneys available from the Extended Care and Long-Term Liability Fund as set forth in Article VI(n) and from the property and third-party liability insurance as set forth in Article VI(o). The extent of the liability for the person shall be based on the proportionate share of the total volume of waste sent by that person to the regional facility.

ARTICLE VII. OTHER LAWS AND REGULATIONS.

  1. Nothing in this compact:
  1. Abrogates or limits the applicability of any Act of Congress or diminishes or otherwise impairs the jurisdiction of any federal agency expressly conferred thereon by the Congress;
  2. Prevents the enforcement of any other law of a party state which is not inconsistent with this compact;
  3. Prohibits any storage or treatment of waste by the generator on its own premises;
  4. Affects any administrative or judicial proceeding pending on the effective date of this compact;
  5. Alters the relations between the respective internal responsibility of the government of a party state and its subdivisions;
  6. Establishes any right to the treatment, storage or disposal at any facility in the region or provides any authority to prohibit export from the region of waste that is owned or generated by the United States Department of Energy, owned or generated by the United States Navy as a result of the decommissioning of vessels of the United States Navy, or owned or generated as the result of any research, development, testing, or production of any atomic weapon; or
  7. Affects the rights and powers of any party state or its political subdivisions, to the extent not inconsistent with this compact, to regulate and license any facility or the transportation of waste within its borders or affects the rights and powers of any state or its political subdivisions to tax or impose fees on the waste managed at any facility within its borders;
  8. Requires a party state to enter into any agreement with the United States Nuclear Regulatory Commission; or
  9. Alters or limits liability of transporters of waste and owners and operators of sites for their acts, omissions, conduct or relationships in accordance with applicable laws.

    (b) For purposes of this compact, all state laws or parts of laws in conflict with this compact are hereby superseded to the extent of the conflict.

    (c) No law, rule, regulation, fee or surcharge of a party state, or of any of its subdivisions or instrumentalities, may be applied in a manner which discriminates against the generators of another party state.

    (d) No person who provides a service by arranging for collection, transportation, treatment, storage or disposal of waste from outside the region shall be allowed to dispose of any waste, regardless of origin, in the region unless specifically permitted under an agreement entered into by the commission in accordance with the requirements of Article III(i)(1).

ARTICLE VIII. ELIGIBLE PARTIES, WITHDRAWAL, REVOCATION, ENTRY INTO FORCE, TERMINATION.

  1. Eligible parties to this compact are the State of Illinois and Commonwealth of Kentucky. Eligibility terminates on April 15, 1985.
  2. An eligible state becomes a party state when the state enacts the compact into law and pays the membership fee required in Article III(k)(1).
  3. The commission is formed upon the appointment of the commissioners and the tender of the membership fee payable to the commission by the eligible states. The governor of Illinois shall convene the initial meeting of the commission. The commission shall cause legislation to be introduced in the Congress which grants the consent of the Congress to this compact, and shall take action necessary to organize the commission and implement the provisions of this compact.
  4. Other than the special circumstances for withdrawal in section (f) of this Article, either party state may withdraw from this compact at any time by repealing the authorizing legislation, but no withdrawal may take effect until five years after the governor of the withdrawing state gives notice in writing of the withdrawal to the commission and to the governor of the other state. Withdrawal does not affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. Any host state which grants a disposal permit for waste generated in a withdrawing state shall void the permit when the withdrawal of that state is effective.
  5. This compact becomes effective July 1, 1984, or at any date subsequent to July 1, 1984, upon enactment by the eligible states. However, Article IX(b) shall not take effect until the Congress has by law consented to this compact. The Congress shall have an opportunity to withdraw such consent every five years. Failure of the Congress affirmatively to withdraw its consent has the effect of renewing consent for an additional five year period. The consent given to this compact by the Congress shall extend to the power of the region to ban the shipment of waste into the region pursuant to Article III(i)(1) and to prohibit exportation of waste generated within the region under Article III(i)(4).
  6. A state which has been designated a host state may withdraw from the compact. The option to withdraw must be exercised within ninety days of the date the governor of the designated state receives written notice of the designation. Withdrawal becomes effective immediately after notice is given in the following manner. The governor of the withdrawing state shall give notice in writing to the commission and to the governor of each party state. A state which withdraws from the compact under this section forfeits any funds already paid pursuant to this compact. A designated host state which withdraws from the compact after ninety days and prior to fulfilling its obligations shall be assessed a sum the commission determines to be necessary to cover the costs borne by the commission and remaining party states as a result of that withdrawal.

ARTICLE IX. PENALTIES.

  1. Each party state shall prescribe and enforce penalties against any person who is not an official of another state for violation of any provision of this compact.
  2. Unless authorized by the commission pursuant to Article III(i), or otherwise provided in this compact, after January 1, 1986 it is a violation of this compact;
  1. For any person to deposit at a facility in the region waste from outside the region;
  2. For any facility in the region to accept waste from outside the region;
  3. For any person to export from the region waste that is generated within the region; or
  4. For any person to dispose of waste at a facility other than a regional facility;
  5. For any person to deposit at a regional facility waste described in Article VII(a)(6); or
  6. For any regional facility to accept waste described in Article VII(a)(6).

    (c) It is a violation of this compact for any person to treat or store waste at a facility other than a regional facility if such treatment or storage is prohibited by the commission under Article III(i)(6).

    (d) Each party state acknowledges that the receipt by a host state of waste packaged or transported in violation of applicable laws, rules or regulations may result in the imposition of sanctions by the host state which may include suspension or revocation of the violator’s right of access to the facility in the host state.

    (e) Each party state has the right to seek legal recourse against any party state which acts in violation of this compact.

ARTICLE X. SEVERABILITY AND CONSTRUCTION.

The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or the United States, or if the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters.

Compiler’s Notes.

The reference to section 11e(2) of the Atomic Energy Act of 1954, in Article II, is apparently a reference to 42 USCS § 2014(e)(2). The federal Nuclear Waste Policy Act of 1982, referred to in Article VI, is compiled as 42 USCS § 10101 et seq.

Research References and Practice Aids

Northern Kentucky Law Review.

Reynolds, Who’s Going to Regulate NORM?, 22 N. Ky. L. Rev. 5 (1995).

Radiation Operators

211.860. Title, purpose of KRS 211.860 to 211.890. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 339, §§ 1, 2) was repealed by Acts 1974, ch. 74, Art. VI, § 108, effective June 21, 1974.

211.861. Legislative findings — Purpose.

  1. The General Assembly finds:
    1. That the Central Midwest Interstate Low-Level Radioactive Waste Compact was enacted by the State of Illinois and the Commonwealth of Kentucky to provide the instrument and framework for a cooperative effort, and to provide sufficient facilities for the proper management of low-level radioactive waste generated within the region, limiting the number of facilities, protecting the health and safety of citizens, and promoting the volume and source reduction of low-level radioactive waste generated in the region, and for other purposes.
    2. That it is the responsibility of each party state to the compact to prescribe and enforce penalties against any person who is not an officer of another state for violation of any provision of the compact.
  2. It is the purpose of KRS 211.861 to 211.869 to establish a program by which these sections and the provisions of the compact may be implemented and enforced.

History. Enact. Acts 1998, ch. 46, § 1, effective July 15, 1998.

211.862. Definitions for KRS 211.861 to 211.869.

As used in KRS 211.861 to 211.869 , unless the compact requires otherwise:

  1. “Commission” means the Central Midwest Interstate Low-Level Radioactive Waste Commission;
  2. “Cabinet” means the Cabinet for Health and Family Services;
  3. “Compact” means the Central Midwest Interstate Low-Level Radioactive Waste Compact;
  4. “Disposal” means the isolation of waste from the biosphere in a permanent facility designed for that purpose;
  5. “Facility” means a parcel of land or site, together with the structures, equipment, and improvements on, or appurtenant to, the land or site, that is used or is being developed for the treatment, storage, or disposal of low-level radioactive waste;
  6. “Low-level radioactive waste” or “waste” means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or by-product material as defined in Section 11e(2) of the Federal Atomic Energy Act. This definition shall apply regardless of any declaration by the federal government or any state that any radioactive material is exempt from any regulatory control;
  7. “Management plan” means the plan adopted by the commission for the storage, transportation, treatment, and disposal of waste within the region;
  8. “Naturally occurring radioactive material” (NORM) means any of the primordial radionuclides or radioactivity present in soils, rocks, and materials, that are not concentrated or disturbed as a result of human activities;
  9. “Person” means any individual, corporation, business enterprise, or other legal entity, public or private, and any legal successor, representative, agent or agency of that individual, corporation, business enterprise, or legal entity;
  10. “Region” means the geographical area of the state of Illinois and the Commonwealth of Kentucky;
  11. “Regional facility” means any facility as defined in this section that is located in Kentucky, and established by Kentucky pursuant to designation of Kentucky as a host state by the commission;
  12. “Storage” means the temporary holding of radioactive material for treatment or disposal;
  13. “Technologically enhanced naturally-occurring radioactive material” or “TENORM” means:
    1. Naturally occurring radioactive material with a radionuclide concentration that has been increased by human activities above levels encountered in the natural state; or
    2. Naturally occurring radioactive material made more accessible by human activity.

      “TENORM” does not include the natural radioactivity of rocks or soils or source material, byproduct material, or special nuclear material as defined in 42 U.S.C. secs. 2011 et seq. and relevant federal regulations implemented by the Nuclear Regulatory Commission; and

  14. “Treatment” means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics of the radioactive material in order to render the radioactive material safe for transport or management, amenable to recovery, convertible to another usable material, or reduced in volume.

HISTORY: Enact. Acts 1998, ch. 46, § 2, effective July 15, 1998; 2005, ch. 99, § 385, effective June 20, 2005; 2017 ch. 116, § 1, effective June 29, 2017.

Compiler’s Notes.

The reference to section 11e(2) of the federal Atomic Energy Act, in subdivision (7), is apparently a reference to 42 USCS § 2014(e)(2).

211.863. Control of commerce of low-level radioactive waste in and out of Kentucky — Prohibitions — Exemption.

  1. Unless otherwise authorized by the commission:
    1. After July 15, 1998, no person shall deposit at a facility in Kentucky any low- level radioactive waste not generated within the region;
    2. After July 15, 1998, no person shall accept at a facility in Kentucky low-level radioactive waste not generated within the region;
    3. No person shall deposit at any regional facility in Kentucky any low-level radioactive waste that is owned or generated by the United States Department of Energy, owned or generated by the United States Navy as a result of decommissioning of vessels of the United States Navy, or owned or generated as the result of any research, development, testing, or production of any atomic weapon;
    4. No person shall accept at any regional facility in Kentucky any low-level radioactive waste that is owned or generated by the United States Department of Energy, owned or generated by the United States Navy as a result of decommissioning of vessels of the United States Navy, or owned or generated as the result of any research, development, testing, or production of any atomic weapon;
    5. No person shall export from the region low-level radioactive waste that is generated in Kentucky, other than low-level radioactive waste that is owned or generated by the United States Department of Energy, owned or generated by the United States Navy as a result of decommissioning of vessels of the United States Navy, or owned or generated as the result of any research, development, testing, or production of any atomic weapon;
    6. No person shall dispose of low-level radioactive waste in Kentucky except at a regional disposal facility; and
    7. No person who provides a service by arranging for the collection, transportation, treatment, storage, or disposal of low-level radioactive waste from outside the region shall dispose of any low-level radioactive waste, regardless of origin, at a facility in Kentucky without prior specific approval by the commission.
  2. No person shall treat or store low-level radioactive waste at a facility other than a regional facility, if the treatment or storage is prohibited by the commission.
  3. Technologically enhanced naturally-occurring radioactive material (TENORM) and naturally occurring radioactive material (NORM) as defined in KRS 211.862 shall be the exclusive regulatory responsibility of the states, except that no person shall import technologically enhanced naturally occurring radioactive material (TENORM) from outside the region for disposal in Kentucky, arrange for disposal of, or dispose of such imported material in Kentucky, if the imports or disposal are inconsistent with polices of the commission.
  4. Any low-level radioactive waste which is not the responsibility of the Commonwealth of Kentucky or the Central Midwest Interstate Low-Level Radioactive Waste Commission pursuant to 42 U.S.C. sec. 2297 h-11 shall be exempt from the provisions of KRS 211.861 to 211.869 and from the provisions of KRS 211.859 .
  5. Drill cuttings generated from wells permitted and regulated by the Energy and Environment Cabinet pursuant to KRS Chapter 353 that contain naturally occurring radioactive materials that have been made more accessible shall not be regulated as TENORM under this chapter.
  6. Except as provided in subsection (5) of this section, the cabinet may, by executive order or administrative regulation, regulate as TENORM any naturally occurring radioactive material made more accessible by human activity, or naturally occurring radioactive material that has radionuclide concentrations increased by human activities above levels encountered in the natural state.

HISTORY: Enact. Acts 1998, ch. 46, § 3, effective July 15, 1998; 2017 ch. 116, § 2, effective June 29, 2017.

211.865. Cabinet’s authority to promulgate administrative regulations.

  1. The cabinet shall promulgate administrative regulations to administer and enforce the provisions of KRS 211.861 to 211.869 . The administrative regulations shall be promulgated with the consultation and cooperation of the commission.
  2. Administrative regulations promulgated by the cabinet shall prohibit the shipment into or acceptance of low-level radioactive waste in Kentucky if the shipment or acceptance would result in a violation of any provision of the compact or KRS 211.863 , 211.865 , and 211.869 .
  3. The cabinet may, by administrative regulation, impose conditions on the shipment into or acceptance of low-level radioactive waste in Kentucky that the cabinet determines to be reasonable and necessary to enforce the provisions of KRS 211.863 , 211.865 , and 211.869 . The conditions may include, but are not limited to:
    1. Requiring prior notification of any proposed shipment or receipt of low-level radioactive waste;
    2. Requiring the shipper or recipient to identify the location to which the low-level radioactive waste will be sent for disposal following treatment or storage in Kentucky;
    3. Limiting the time that low-level radioactive waste from outside of Kentucky may be held in Kentucky;
    4. Requiring the shipper or recipient to post bond, or by other mechanisms assure that radioactive material will not be treated, stored, or disposed of in Kentucky in violation of any provisions of KRS 211.863 , 211.865 , and 211.869 ; and
    5. Requiring that the shipper consent to service of process before shipment of low-level radioactive waste into Kentucky.
  4. The administrative regulations promulgated by the cabinet may provide for the granting of exemptions, but only upon a showing by the applicant that the granting of an exemption would be consistent with the compact.

History. Enact. Acts 1998, ch. 46, § 4, effective July 15, 1998.

211.867. Acceptance of donations — Trust and agency fund.

The cabinet may accept donations of money, equipment, supplies, materials, and services from any person for accomplishing the purposes of KRS 211.861 to 211.869 . Any donation of money shall be deposited into the State Treasury and credited to a trust and agency fund to be used by the cabinet in carrying out the provisions of KRS 211.861 to 211.869 and shall be expended by the cabinet only in accordance with the purposes of the donation.

History. Enact. Acts 1998, ch. 46, § 6, effective July 15, 1998.

211.869. Penalties.

  1. Any person who fails to comply with any provision of KRS 211.859 or 211.863 , or with any administrative regulations promulgated pursuant to KRS 211.859 or 211.865 , or fails to comply with any order of the cabinet issued pursuant to KRS 211.859 or KRS 211.863 and 211.865 shall be assessed a civil penalty not less than ten thousand dollars ($10,000) nor more than one hundred thousand dollars ($100,000). Each day of the violation or noncompliance shall constitute a separate offense.
  2. Any person who fails to pay a civil penalty imposed pursuant to subsection (1) of this section, or any portion of that penalty, shall be liable in a civil action in an amount not to exceed four (4) times the amount imposed and not paid. Any civil penalties recovered shall be deposited into the State Treasury and credited to a trust and agency fund to be used by the cabinet in carrying out the provisions of KRS 211.861 to 211.869 .
  3. Any person who intentionally violates a provision of KRS 211.863 shall be guilty of a Class D felony.
  4. At the request of the cabinet, the Attorney General shall, on behalf of the Commonwealth of Kentucky, bring an action for the recovery of any civil penalty or the prosecution of any criminal offense in violation of KRS 211.863 and 211.865 .

History. Enact. Acts 1998, ch. 46, § 5, effective July 15, 1998.

Research References and Practice Aids

Cross-References.

Sentence of imprisonment for felony KRS 532.060 .

211.870. Regulation of radiation sources. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 339, § 3; 1974, ch. 74, Art. VI, § 70; 1996, ch. 318, § 111, effective July 15, 1996; 1998, ch. 426, § 326, effective July 15, 1998; 2005, ch. 99, § 386, effective June 20, 2005) was repealed by Acts 2012, ch. 50, § 20, effective July 12, 2012.

211.880. State radiation operators advisory committee — Members — Terms — Powers — Compensation. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 339, § 4) was repealed by Acts 1974, ch. 74, Art. VI, § 108.

211.890. Application fees. [Repealed.]

Compiler’s Notes.

This section (Enact. Acts 1972, ch. 339, § 5; 1974, ch. 74, Art. VI, § 107(1), (10); 1980, ch. 188, § 206, effective July 15, 1980; 1998, ch. 426, § 327, effective July 15, 1998; 2005, ch. 99, § 387, effective June 20, 2005) was repealed by Acts 2012, ch. 50, § 20, effective July 12, 2012.

Nuclear Waste Disposal Sites

211.892. Legislative finding.

It is the finding of the General Assembly of the Commonwealth of Kentucky that the original concept of shallow-land nuclear burial sites has not been met in Kentucky in that measurable amounts of radioactivity have been released to the surrounding environment from an existing nuclear waste facility. The mechanism for providing for the financing of perpetual care and maintenance of such a site has proven to be inadequate and also did not take into consideration early closing of the site. The detection of radioactivity in a new unused trench on such site provided unequivocal evidence that migration of radioactive liquids can and did occur in a subsurface manner. Current knowledge of the complex geologic and hydrologic features of such site is insufficient to develop a model capable of predicting future behavior of the site. It is the intent of the General Assembly that because of these problems, the existing site should remain closed unless solutions are found which will assure site safety and integrity and remedy all of the aforesaid problems. It is at this time in the best interest of the public health and safety of the citizens of the Commonwealth that the state maintain ownership and, thus, ultimate decision-making authority over nuclear waste sites located within its borders.

History. Enact. Acts 1980, ch. 17, § 1, effective July 15, 1980.

Opinions of Attorney General.

Kentucky cannot create a compact, with Kentucky the only member, and thereby gain the benefit of the federal Low Level Waste Policy Act allowing compact members to exclude waste generated by noncompact states. OAG 83-153 .

If Kentucky chooses not to join a regional compact for low level nuclear waste and instead decides to build a disposal facility for Kentucky generated wastes, Kentucky cannot exclude out-of-state generated wastes. OAG 83-153 .

If Kentucky joined one of the proposed regional interstate compacts for nuclear waste management, most if not all of the provisions in KRS Chapter 211 pertaining to opening and closing nuclear waste disposal facilities would be superceded by the terms of such a compact to the extent the existing statutes conflict with the compact. If Kentucky does not join a compact, it may not ban importation of waste for disposal at disposal facilities operating in Kentucky. OAG 83-153 .

211.893. Legislative findings relating to naturally occurring radioactive material (NORM) — Required revision of administrative regulations to ensure proper management of oil- and gas-related wastes containing NORM — Report to LRC.

  1. The General Assembly finds that:
    1. “Naturally occurring radioactive material” or “NORM” is a term defined in KRS 211.862 ;
    2. Certain oil and gas production and storage activities result in the concentration or enhancement of the natural radioactivity of rocks or soils into NORM;
    3. The Cabinet for Health and Family Services, Radiation Health Branch, is charged by KRS 211.842 with responsibility for radiation control in the Commonwealth;
    4. The Division of Oil and Gas, the Division of Water, and the Division of Waste Management in the Energy and Environment Cabinet issue permits addressing oil and gas exploration and production operations and management of associated wastes;
    5. The Energy and Environment Cabinet, Division of Oil and Gas was directed in 2003 to promulgate administrative regulations and take all actions necessary to ensure efficient oil and gas operations and to protect the property, health, and safety of the citizens of the Commonwealth in a manner consistent with KRS Chapter 353;
    6. The Cabinet for Health and Family Services is specifically authorized to adopt administrative regulations necessary to implement the Central Midwest Interstate Low-Level Radioactive Waste Compact; and
    7. The need for review and revision of the statutes and regulations associated with management of NORM wastes is necessary and advisable in order to ensure proper management and disposal of wastes containing NORM generated within or outside the Commonwealth.
  2. The Energy and Environment Cabinet and the Cabinet for Health and Family Services are directed to exercise their regulatory authority to revise existing regulations in order to ensure the proper management of oil- and gas-related wastes containing NORM, including consideration of such issues as:
    1. Development of a manifest system for the transport and disposal of NORM wastes and wastewater;
    2. Development of administrative regulations as authorized by the General Assembly in KRS 211.865(3);
    3. Review of state waste and water permitting programs to ensure proper management of wastes and wastewaters containing NORM; and
    4. Identification of and recommendations on any changes to existing statutes in order to facilitate management of oil and gas production wastes in a manner commensurate with the risks that those wastes may pose to the public health and the environment.
  3. The Energy and Environment Cabinet and the Cabinet for Health and Family Services are encouraged to seek input from oil and gas producers, transporters of oil and gas wastes, the public at large, environmental organizations, the Kentucky Geological Survey, landfill owners and operators, and the Conference of Radiation Control Program Directors, among others, in revising the administrative regulations. The Energy and Environment Cabinet and the Cabinet for Health and Family Services shall report to the Legislative Research Commission their progress in complying with this section by December 1, 2016.

HISTORY: 2016 ch. 130, § 1, effective April 13, 2016.

211.894. Conditions for relinquishing of ownership of low-level nuclear waste disposal site — Commonwealth policy as to sites or facilities — Contracts or agreements with federal government.

  1. The Governor, the secretary of the Cabinet for Health and Family Services, the secretary of the Energy and Environment Cabinet or any other state agency shall not enter into a contract or an agreement of any kind with the federal government relinquishing ownership of a low-level nuclear waste disposal site located in the Commonwealth without prior approval of a majority of the members of the Kentucky House of Representatives and a majority of the members of the Kentucky Senate.
  2. It shall be the policy of the Commonwealth to retain final authority for approving or disapproving the locating, opening, closing, or reopening of a nuclear waste disposal site or facility within its borders.
  3. The Governor or appropriate state agencies may enter into contracts and agreements with the federal government relating to nuclear waste disposal sites located in the Commonwealth on July 15, 1980, that do not violate the provisions of subsections (1) and (2) of this section.

History. Enact. Acts 1980, ch. 17, § 2, effective July 15, 1980; 1998, ch. 426, § 328, effective July 15, 1998; 2005, ch. 99, § 388, effective June 20, 2005; 2010, ch. 24, § 314, effective July 15, 2010.

Opinions of Attorney General.

If Kentucky chooses not to join a regional compact for low level nuclear waste and instead decides to build a disposal facility for Kentucky generated wastes, Kentucky cannot exclude out-of-state generated wastes. OAG 83-153 .

Kentucky cannot create a compact, with Kentucky the only member, and thereby gain the benefit of the federal Low Level Waste Policy Act allowing compact members to exclude waste generated by noncompact states. OAG 83-153 .

If Kentucky joined one of the proposed regional interstate compacts for nuclear waste management, most if not all of the provisions in KRS Chapter 211 pertaining to opening and closing nuclear waste disposal facilities would be superceded by the terms of such a compact to the extent the existing statutes conflict with the compact. If Kentucky does not join a compact, it may not ban importation of waste for disposal at disposal facilities operating in Kentucky. OAG 83-153 .

211.896. Conditions for reopening of closed facility.

  1. Any nuclear waste disposal facility, licensed and regulated by the Kentucky Cabinet for Health and Family Services, which is closed either because there is doubt as to the public safety of the site, the integrity of the site, the economic feasibility of financing perpetual care and maintenance and decommissioning of the site, or compliance with cabinet regulations, shall not reopen without:
    1. A finding of fact by the secretary of the Cabinet for Health and Family Services and the secretary of the Energy and Environment Cabinet that all reasons for site closure have been addressed and resolved such that there is no longer any doubt as to the public safety or integrity of the site or the ability to adequately finance the perpetual care and maintenance and decommissioning of the site or the compliance of the site with cabinet regulations; and
    2. A public hearing and the taking of public comment on such findings of fact; and
    3. Approval of a majority of the members of the House of Representatives and a majority of the members of the Senate; and
    4. Approval of the Governor.
  2. The Cabinet for Health and Family Services shall be responsible for organizing the public hearings, which shall be held in the county in which the nuclear waste disposal facility is located and shall be at a time and place convenient for public participation. Adequate notification shall be given to the public of the intention to reopen a nuclear waste disposal site and the cabinet shall make available to the public the data and information upon which its decision to recommend approval of reopening of the site is based.

History. Enact. Acts 1980, ch. 17, § 3, effective July 15, 1980; 1998, ch. 426, § 329, effective July 15, 1998; 2005, ch. 99, § 389, effective June 20, 2005; 2010, ch. 24, § 315, effective July 15, 2010.

Opinions of Attorney General.

If Kentucky joined one of the proposed regional interstate compacts for nuclear waste management, most if not all of the provisions in KRS Chapter 211 pertaining to opening and closing nuclear waste disposal facilities would be superceded by the terms of such a compact to the extent the existing statutes conflict with the compact. If Kentucky does not join a compact, it may not ban importation of waste for disposal at disposal facilities operating in Kentucky. OAG 83-153 .

211.898. Stabilization and decommissioning of facility owned by Commonwealth.

The Energy and Environment Cabinet shall proceed toward the stabilization and decommissioning of any nuclear waste facility owned by the Commonwealth on July 15, 1980, as expeditiously as is reasonably possible in order to place the facility in such a condition that active ongoing maintenance is eliminated and only surveillance and monitoring are required.

History. Enact. Acts 1980, ch. 17, § 4, effective July 15, 1980; 2010, ch. 24, § 316, effective July 15, 2010.

Lead Poisoning Prevention

211.900. Definitions for KRS 211.900 to 211.905 and KRS 211.994.

As used in KRS 211.900 to 211.905 and KRS 211.994 , unless the context otherwise requires:

  1. “Cabinet” shall mean the Cabinet for Health and Family Services;
  2. “Secretary” shall mean the secretary for health and family services or his authorized representative;
  3. “Lead-based hazard” shall mean levels contained in the federal Residential Lead-based Paint Hazard Reduction Act of 1992;
  4. “Dwelling” shall mean any structure or child-occupied facility, all or a part of which is designed for human habitation;
  5. “Dwelling unit” shall mean any room or group of rooms or other interior areas of a dwelling or child-occupied facility designed or used for human habitation;
  6. “Owner” shall mean any person who, alone, jointly, or severally with others, has legal title to, charge, care, or control of any dwelling or dwelling unit as owner, agent of the owner, or as executor, administrator, trustee, conservator, or guardian of the estate of the owner;
  7. “At-risk persons” shall mean all children seventy-two (72) months of age and younger and pregnant women who reside in dwellings or dwelling units which were constructed and painted prior to 1978, or reside in geographic areas defined by the cabinet as high risk, or possess one (1) or more risk factors identified in a lead poisoning verbal risk assessment approved by the cabinet;
  8. “Outreach programs” shall mean those efforts to locate, screen, and diagnose for elevated lead blood levels, those at-risk persons who are not utilizing existing screening and diagnostic programs or those programs which may be established after June 21, 1974;
  9. “Elevated blood lead level” means any blood lead level greater than or equal to ten (10) micrograms per deciliter of whole blood or a level consistent with recommendations by the Centers for Disease Control and Prevention and the American Academy of Pediatrics; and
  10. “Confirmed elevated blood lead level” means a first venous blood lead test or a second capillary blood lead test taken within the time frames specified by the cabinet where the blood lead test result is greater than or equal to fifteen (15) micrograms per deciliter of whole blood.

History. Enact. Acts 1974, ch. 20, § 1, effective June 21, 1974; 1982, ch. 141, § 72, effective July 1, 1982; 1998, ch. 426, § 330, effective July 15, 1998; 2005, ch. 99, § 390, effective June 20, 2005; 2006, ch. 180, § 2, effective July 12, 2006.

Compiler’s Notes.

This section was amended by § 76 of Acts 1980, ch. 396, which would have taken effect July 1, 1982; however, Acts 1982, ch. 141, § 146, effective July 1, 1982, repealed Acts 1980, ch. 396.

NOTES TO DECISIONS

1. Local Programs.

The entry of the state into the field of lead poisoning prevention pursuant to KRS 211.900 to 211.905 and KRS 211.994 did not preempt local regulations and enforcement, because that legislation not only authorizes local action but encourages local programs; accordingly, a county board of health was not preempted or otherwise prohibited from enforcing its lead poisoning regulations where the regulations did not conflict with the statutes on the same subject. Commonwealth v. Do, Inc., 674 S.W.2d 519, 1984 Ky. LEXIS 265 ( Ky. 1984 ).

211.901. Statewide program for prevention, screening, diagnosis, and treatment of lead poisoning — Duties of secretary — Authorization of local regulations and programs.

  1. The secretary shall establish a statewide program for the prevention, screening, diagnosis, and treatment of lead poisoning, including identification of the sources of such poisoning through such research, educational, epidemiological, and clinical activities as may be necessary.
  2. The secretary shall also initiate activities which:
    1. Will either provide for or support the monitoring of all medical laboratories, private and public hospitals which perform lead determination tests on human blood or other tissues, so as to insure the accuracy of such tests;
    2. Will develop or encourage the development of appropriate programs and studies to identify sources of lead intoxication and assist other entities in the identification of lead in children’s blood and the sources of that intoxication; and
    3. Will provide for or support the development of outreach programs to identify, screen, and diagnose for elevated lead blood levels, at-risk persons not otherwise utilizing existing screening and diagnostic programs.
  3. The secretary may contract with any agencies, individuals, or groups for the provision of services necessary to administer KRS 211.900 to 211.905 and KRS 211.994 .
  4. The secretary may provide financial and technical assistance and consultation to local, county, or district governmental or private agencies for the promotion, establishment and maintenance of lead poisoning prevention, screening, diagnostic, and treatment programs.
  5. The secretary shall have the power to adopt, amend, or rescind such rules and regulations as deemed necessary or suitable for the proper administration of KRS 211.900 to 211.905 and KRS 211.994 . The regulation shall include, but not be limited to, those which govern permissible limits of lead-based hazards in and about dwellings and dwelling units.
  6. Local boards of health may, by the adoption of local regulations, establish programs for the prevention, screening, diagnosis, and treatment of lead poisoning; provided that such regulations are the same as the provisions of KRS 211.900 to 211.905 and KRS 211.994 and the regulations promulgated by the secretary pursuant to subsection (5) of this section.

History. Enact. Acts 1974, ch. 20, § 2, effective June 21, 1974; 1984, ch. 21, § 1, effective July 13, 1984; 2006, ch. 180, § 3, effective July 12, 2006.

NOTES TO DECISIONS

1. Local Programs.

The entry of the state into the field of lead poisoning prevention pursuant to KRS 211.900 to 211.905 and KRS 211.994 did not preempt local regulations and enforcement, because that legislation not only authorizes local action but encourages local programs; accordingly, a county board of health was not preempted or otherwise prohibited from enforcing its lead poisoning regulations where the regulations did not conflict with the statutes on the same subject. Commonwealth v. Do, Inc., 674 S.W.2d 519, 1984 Ky. LEXIS 265 ( Ky. 1984 ).

Opinions of Attorney General.

Inspection of the lead poisoning reports in the custody of the county board of health serves the public interest by revealing whether the board is discharging its duties relative to the prevention, screening, diagnosis, and treatment of lead poisoning. Whatever the privacy interests of the individuals suspected or found to have lead poisoning, those interests are clearly outweighed by the public’s interest in disclosure which is statutorily recognized at KRS 211.902(2). OAG 02-ORD-80.

211.902. Reports on persons with excess level of lead in blood — Records of reports to be indexed and analyzed — Information to local organizations.

  1. Every physician, nurse, hospital administrator, director of a clinical laboratory, or public health officer who receives information of the existence of any person found or suspected to have a two and three-tenths (2.3) micrograms per deciliter of whole blood level of lead in his or her blood shall report the information to the cabinet within seven (7) days and to the local or district health officer in approved electronic format as prescribed by administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A. The contents of the report shall include but not be limited to the following information:
    1. The full name and address of the person tested;
    2. The date of birth of such person;
    3. The type of specimen and the results of the appropriate laboratory tests made on such person; and
    4. Any other information about such person deemed necessary by the cabinet to carry out the provisions of this section.

      Any physician, nurse, hospital administrator, director of clinical laboratory, public health officer, or allied health professional making such a report in good faith shall be immune from any civil or criminal liability that otherwise might be incurred from the making of such report.

  2. Notwithstanding the requirements of subsection (1) of this section, a clinical or research laboratory shall not be fined or otherwise disciplined for failure to report required information to the cabinet if the information was not provided by the medical professional obtaining the blood sample.
  3. The secretary shall maintain comprehensive records of all reports submitted pursuant to KRS 211.900 to 211.905 and 211.994 . Records shall be analyzed and geographically indexed by county annually in order to determine the location of areas with a high incidence of elevated blood lead levels reported. The records and analysis shall be public record and provided upon request;provided, however, that the name of any individual shall not be made public unless the secretary determines that such inclusion is necessary to protect the health and well-being of the affected individual.
  4. When an elevated blood lead level is reported to the cabinet, it shall inform such local boards of health, local health departments, and other persons and health organizations as deemed necessary.

HISTORY: Enact. Acts 1974, ch. 20, § 3, effective June 21, 1974; 2006, ch. 180, § 4, effective July 12, 2006; 2012, ch. 158, § 46, effective July 12, 2012; 2017 ch. 80, § 43, effective June 29, 2017.

Opinions of Attorney General.

Inspection of the lead poisoning reports in the custody of the county board of health serves the public interest by revealing whether the board is discharging its duties relative to the prevention, screening, diagnosis, and treatment of lead poisoning. Whatever the privacy interests of the individuals suspected or found to have lead poisoning, those interests are clearly outweighed by the public’s interest in disclosure which is statutorily recognized at KRS 211.902(2). OAG 02-ORD-80.

211.903. Testing for lead poisoning.

  1. Testing for lead poisoning shall be an eligible benefit for recipients of the Commonwealth’s Medical Assistance Program. In addition, testing for lead poisoning shall be made available as part of the regular immunization program offered by the cabinet and shall be provided without charge by the cabinet and by local health departments.
  2. The secretary shall establish programs throughout the Commonwealth, with priority given to high-risk areas, for the voluntary screening and diagnosis of at-risk persons. Such programs shall systematically test for elevated lead blood levels in all at-risk persons seventy-two (72) months of age and younger and shall include an outreach program if necessary. Priority shall be given to at-risk persons who are one (1) year of age through three (3) years of age. Such programs shall not apply to those persons having religious objections to such testing. Such testing shall be made by such means and at such intervals as the secretary shall by regulation determine may be medically necessary and proper.
  3. The secretary shall be responsible for providing follow-up screening and diagnostic programs for those persons who were previously diagnosed and treated for lead poisoning or were previously diagnosed as having an elevated lead blood level. The frequency with which follow-up shall be performed shall be determined by the secretary.

History. Enact. Acts 1974, ch. 20, § 4, effective June 21, 1974; 2006, ch. 180, § 5, effective July 12, 2006.

211.904. Educational programs.

The secretary shall establish an educational program to inform parents, teachers, personnel of human resource agencies, owners of dwellings and dwelling units, health service personnel and the general public, of the dangers, frequency, and sources of lead poisoning and the methods of preventing such poisoning.

History. Enact. Acts 1974, ch. 20, § 5, effective June 21, 1974.

211.905. Inspection of dwelling or dwelling unit of occupant with confirmed elevated lead blood level — Procedure — Duties of cabinet — Effect.

  1. When notified that an occupant of a dwelling or dwelling unit is a child seventy-two (72) months of age or younger found to have a confirmed elevated blood level, an authorized representative of the cabinet shall inspect the dwelling and dwelling unit or other places the child routinely spends more than six (6) hours per week, at reasonable times, for the purpose of ascertaining the existence of lead-based hazards. The representative of the cabinet shall present proper credentials to the owner or occupant of the dwelling or dwelling unit prior to inspection of the premises. Such representative may remove samples necessary for laboratory analysis, in the determination of the presence of lead-based hazards in the designated dwelling or dwelling unit.
  2. Upon determination by the cabinet that there are lead-based substances in or upon any dwelling or dwelling unit which may be hazardous to children, or upon receipt of confirmation that an occupant has an elevated blood lead level as set out in regulations promulgated by the secretary, the cabinet shall:
    1. In the event that children seventy-two (72) months of age or younger reside in the premises, notify the owner and occupant that lead-based hazards are present on the surfaces of the dwelling or dwelling unit and may constitute a hazard to the health of children;
    2. Inform the local health officers of the results of such determination and provide suitable recommendations for elimination of the problem areas;
    3. Notify the owner of the dwelling or dwelling unit, in writing, advising of the existence of these lead-based hazards with instructions that these lead-based hazards, if accessible to children under the age of seventy-two (72) months, shall be removed, replaced, or securely and permanently covered within a time period not to exceed sixty (60) days and in a manner prescribed by the cabinet.
  3. The removal of the lead-based hazards from the dwelling or dwelling unit shall be accomplished by the owner in a manner which will not endanger the health or well-being of its occupants, and result in the safe removal from the premises, and the safe disposition, of flakes, chips, debris, and other potentially harmful materials.
  4. In the event that the owner of the dwelling or dwelling unit does not remove, replace, or securely and permanently cover the lead-based substances designated as hazardous within sixty (60) days, the cabinet shall cause to be posted upon the dwelling or dwelling unit identified as containing lead-based hazards, a notice of the existence of such hazards and the declaration that the dwelling or dwelling unit is unfit for human habitation for those persons under seventy-two (72) months of age. The dwelling or dwelling unit shall remain posted until the owner has complied with the orders of the cabinet.
  5. Determination by the cabinet that a child under seventy-two (72) months of age is in immediate danger from the presence of lead-based hazards in or upon a dwelling or dwelling unit shall be cause for release from a rental agreement without prejudice to the occupant.

History. Enact. Acts 1974, ch. 20, § 6(1) to (5), effective June 21, 1974; 2006, ch. 180, § 6, effective July 12, 2006.

Lead-Hazard Detection and Abatement

211.9061. Definitions for KRS 211.9061 to 211.9079 and KRS 211.990.

For the purposes of KRS 211.9061 to 211.9079 and KRS 211.990 :

  1. “Child-occupied facility” means a building, or portion of a building constructed prior to 1978 other than target housing in which a child, six (6) years of age or under, spends at least three (3) hours a day, two (2) days a week, including but not limited to, child day-care facilities, family child-care homes, pre-schools, and kindergarten classrooms;
  2. “Department” means the Department for Public Health;
  3. “Lead-hazard detection” means an inspection or risk assessment conducted to determine the existence, nature, severity, and location of lead hazards;
    1. “Lead-hazard abatement” means a set of measures designed and intended to permanently eliminate lead hazards in a manner which will protect children and adults from the risk of lead poisoning, including the following: (4) (a) “Lead-hazard abatement” means a set of measures designed and intended to permanently eliminate lead hazards in a manner which will protect children and adults from the risk of lead poisoning, including the following:
      1. Removal, encapsulation, or enclosure of lead hazards;
      2. Replacement of lead-contaminated surfaces or fixtures;
      3. Removal or covering of lead-contaminated soil; and
      4. Site preparation and cleanup, preparation of debris for disposal, and other post-abatement activities which are conducted at the site and are associated with the abatement.
    2. “Lead-hazard abatement” does not include the following:
      1. Renovation, remodeling, or landscaping activities which are not designed to permanently eliminate lead hazards, but are designed to repair, restore, or remodel a structure or a dwelling, even though these activities may incidentally result in a reduction or elimination of lead hazards; or
      2. Interim controls, operations and maintenance activities, or other measures or activities designed to temporarily, but not permanently, reduce lead hazards; and
  4. “Target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities in which no child less than six (6) years of age resides or is expected to reside.

History. Enact. Acts 1996, ch. 168, § 1, effective July 15, 1996; 1998, ch. 426, § 331, effective July 15, 1998.

211.9063. Certification of those performing lead-hazard detection or abatement services — Administrative regulations — Decision on application — Quality assurance inspector.

  1. Beginning July 1, 1997, all persons who perform or offer to perform lead-hazard detection or lead-hazard abatement services in target housing or child-occupied facilities shall be certified pursuant to this section.
  2. The Department for Public Health shall create and administer a certification program for persons who perform or offer to perform lead-hazard detection or lead-hazard abatement services.
  3. No later than October 1, 1996, the department shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish the training and testing requirements for certification. The training and testing requirements and procedures established by the department shall be sufficient to reflect the ability of the person applying for certification to provide services in accordance with local, state, and federal laws and regulations that are applicable to the duties for which the person is requesting certification.
  4. No later than October 1, 1996, the department shall promulgate administrative regulations pursuant to KRS Chapter 13A to provide for the enforcement of the certification program. The department may revoke, suspend, or restrict the certificate of any certificate holder and may refuse to issue or renew a certificate to a person who fails to comply with certification requirements. The department may also impose sanctions for any of the following reasons:
    1. Fraud or deceit in obtaining certification;
    2. Transfer of the authority granted by the certificate to another person; or
    3. Negligence or incompetence in compliance with applicable state and federal laws, regulations, and established standards of practice.
  5. No person certified pursuant to this section shall perform lead-hazard abatement services in target housing or child-occupied facilities, as defined in KRS 211.9061 , without having obtained a permit to perform the services. An application for the permit shall be made to the department upon forms provided by the department, and shall be accompanied by the required fee established pursuant to KRS 211.9067 . The permit fee shall be sufficient to fully cover the cost of the quality assurance inspection conducted to determine compliance with the certification requirements of this section, and the performance standards established pursuant to KRS 211.9075 .
  6. The department shall consider and render a decision in response to a permit application submitted pursuant to subsection (5) of this section no later than seven (7) calendar days after the application and the applicable fee are received by the department. The quality assurance inspection of a lead-hazard abatement site shall occur no later than seven (7) working days after the department receives notification from the permit holder that the lead-abatement at the site has been completed. If the department does not meet the seven (7) day deadline, the department shall allow the permit holder to begin construction or other renovation activities upon completion of the abatement service. This approval shall not serve as a substitute for the final inspection required to determine compliance pursuant to subsection (5) of this section.

History. Enact. Acts 1996, ch. 168, § 2, effective July 15, 1996; 1998, ch. 426, § 332, effective July 15, 1998.

211.9065. Accreditation for training programs providing education for certification in lead-hazard detection or abatement services — Administrative regulations.

  1. Beginning January 1, 1997, all training programs providing or offering to provide an educational program designed to prepare persons for certification in lead-hazard detection or lead-hazard abatement services, pursuant to KRS 211.9063 , shall be accredited pursuant to this section.
  2. The Department for Public Health shall create and administer an accreditation program for training programs providing or offering to provide an educational program designed to prepare persons for certification in lead-hazard detection or lead-hazard abatement services.
  3. No later than October 1, 1996, the department shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish:
    1. The requirements for accreditation of training providers;
    2. The minimum requirements for curriculum content;
    3. The number of training hours to be completed by the trainee;
    4. The minimum amount of the training which requires the trainee to practice or otherwise apply lead-hazard detection or abatement skills or techniques in a hands-on manner; and
    5. The competency and proficiency to be demonstrated by the trainee in order to successfully complete the training.
  4. No later than October 1, 1996, the department shall promulgate administrative regulations pursuant to KRS Chapter 13A to provide for enforcement of the quality control standards for accredited training programs. The department may revoke, suspend, or restrict the certificate of accreditation for training providers and may refuse to issue or renew a certificate of accreditation to a training provider which fails to comply with accreditation requirements.

History. Enact. Acts 1996, ch. 168, § 3, effective July 15, 1996; 1998, ch. 426, § 333, effective July 15, 1998.

211.9067. Schedule of fees.

The department shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish a schedule of fees for permits required pursuant to KRS 211.9063 , and for the functions performed by the department for the certification and accreditation programs established pursuant to KRS 211.9063 , 211.9065 , and 211.9069 . The fees shall be sufficient to fully cover the department’s cost of the service performed but shall not exceed the cost of the service performed. In determining the amount of the permit fee required for lead-abatement services performed by employees of a local government, the department shall take into consideration and adjust the fee to reflect the number of abatement jobs annually performed by that local government. Fees payable to the department under the provisions of this section shall be paid into the State Treasury and credited to a trust and agency account to be used by the department in carrying out the provisions of KRS 211.9061 to 211.9079 and KRS 211.990 . No part of this fund shall revert to the general fund of the Commonwealth.

History. Enact. Acts 1996, ch. 168, § 4, effective July 15, 1996.

211.9069. Equivalent certificate and equivalent accreditation — Conditions of issuance.

  1. Any person who has been issued a certificate in another state which has certification, educational, and experience requirements substantially equal to or greater than those of this state, pursuant to KRS 211.9063 , and which grants equal certification privileges to persons certified in this state, may be issued an equivalent certificate in this state upon terms and conditions determined by the department.
  2. Any training provider which has been issued a certificate of accreditation in another state which has certification, educational, and experience requirements substantially equal to or greater than those of this state, pursuant to KRS 211.9065 , and which grants equal accreditation privileges to training providers accredited in this state, may be issued an equivalent accreditation in this state upon terms and conditions determined by the department.
  3. The department may consult with other states in order to facilitate reciprocity of certification and accreditation of lead-hazard detection and abatement services among the states.

History. Enact. Acts 1996, ch. 168, § 5, effective July 15, 1996.

211.9071. Compliance with federal rules and regulations.

All persons certified pursuant to KRS 211.9063 or 211.9069 , all training programs accredited pursuant to KRS 211.9065 or 211.9069 , and the department shall comply with the applicable rules and regulations of the United States Department of Housing and Urban Development, the United States Occupational Safety and Health Administration, the United States Environmental Protection Agency, and other federal agencies with jurisdiction over issues concerning lead hazards.

History. Enact. Acts 1996, ch. 168, § 6, effective July 15, 1996.

211.9075. Standards for performing lead-hazard detection or abatement procedures — Compliance with administrative regulations.

  1. No later than October 1, 1996, the department shall promulgate administrative regulations to establish the standards for performing lead-hazard detection or lead-hazard abatement procedures in target housing or child-occupied facilities, taking into account reliability, effectiveness, and safety.
  2. Any activity involving lead-hazard detection or lead-hazard abatement procedures in target housing or child-occupied facilities shall comply with administrative regulations promulgated by the department and shall use certified personnel.

History. Enact. Acts 1996, ch. 168, § 7, effective July 15, 1996.

211.9079. Public education and awareness campaign.

The department may, within budget limitations, conduct a public education and awareness campaign on the nature and consequences of lead hazards and on the need for lead-hazard detection and abatement procedures to be conducted under careful supervision and by certified personnel in order to assure public safety.

History. Enact. Acts 1996, ch. 168, § 8, effective July 15, 1996.

Radon Measurement, Mitigation, Laboratory Analysis, and Quality Control