211.180 Functions of cabinet in the regulation of certain health matters --
720 words·~3 min read·
/ky/211-180A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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:
(a)Detection, prevention, and control of communicable diseases, chronic and
degenerative diseases, dental diseases and abnormalities, occupational
diseases and health hazards peculiar to industry, home accidents and health
hazards, animal diseases which are transmissible to man, and other diseases
and health hazards that may be controlled;
(b)The adoption of regulations specifying the information required in and a
minimum time period for reporting a sexually transmitted disease. In adopting
the regulations the cabinet shall consider the need for information, protection
for the privacy and confidentiality of the patient, and the practical ability of
persons and laboratories to report in a reasonable fashion. The cabinet shall
require reporting of physician-diagnosed cases of acquired immunodeficiency
syndrome based upon diagnostic criteria from the Centers for Disease Control
and Prevention of the United States Public Health Service. No later than
October 1, 2004, the cabinet shall require reporting of cases of human
immunodeficiency virus infection by reporting of the name and other relevant
data as requested by the Centers for Disease Control and Prevention and as
further specified in KRS 214.645. Nothing in this section shall be construed to
prohibit the cabinet from identifying infected patients when and if an effective
cure for human immunodeficiency virus infection or any immunosuppression
caused by human immunodeficiency virus is found or a treatment which
would render a person noninfectious is found, for the purposes of offering or
making the cure or treatment known to the patient;
(c)The control of insects, rodents, and other vectors of disease; the safe handling
of food and food products; the safety of cosmetics; the control of narcotics,
barbiturates, and other drugs as provided by law; the sanitation of schools,
industrial establishments, and other public and semipublic buildings; the
sanitation of state and county fairs and other similar public gatherings; the
sanitation of public and semipublic recreational areas; the sanitation of public
rest rooms, trailer courts, hotels, tourist courts, and other establishments
furnishing public sleeping accommodations; the review, approval, or
disapproval of plans for construction, modification, or extension of equipment
related to food-handling in food-handling establishments; the licensure of
hospitals; and the control of other factors, not assigned by law to another
agency, as may be necessary to insure a safe and sanitary environment;
(d)The construction, installation, and alteration of any on-site sewage disposal
system, except for a system with a surface discharge;
(e)Protection and improvement of the health of expectant mothers, infants,
preschool, and school-age children; and
(f)Protection and improvement of the health of the people through better
nutrition.
(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.
(b)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.
(c)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.
(3)Any administrative hearing conducted under authority of this section shall be
conducted in accordance with KRS Chapter 13B.