212.350 Creation of city-county board of health for cities of first class and counties
613 words·~3 min read·
/ky/212-350A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
containing such cities -- Corporate powers -- Abolishment of former health
agencies -- Effect of compact -- Application upon establishment of consolidated
local government.
(1)In each county of the Commonwealth of Kentucky in which there is located a city
of the first class or a consolidated local government, there is hereby created a board
of health which board shall be a body politic and corporate, and shall be known as
the ".... (name of city of the first class) and .... (name of county) or ..... (name of the
consolidated local government) County Board of Health" hereinafter called the
"board," which board shall have jurisdiction throughout such county, including all
municipalities in said county with respect to and in accordance with the provisions
of KRS 212.350 to 212.620. Wherever the words "city" and "mayor" are used in
KRS 212.350 to 212.620 they shall mean such city of the first class or consolidated
local government, and the mayor thereof. Said board may, in its corporate name,
sue and be sued, contract and be contracted with, and acquire real, personal and
mixed property by deed, purchase, gift, devise, lease, condemnation, or otherwise,
and dispose of same; and may make appropriate rules and regulations and do all
things reasonable or necessary effectively to carry out the work and properly to
perform the duties intended or required by KRS 212.350 to 212.620. When and
after the board herein created is organized as herein provided, and except as
otherwise provided by law, said board shall succeed to and be vested with all of the
functions, obligations, powers, and duties now being exercised by the county board
of health, any department of public health, and by any board of tuberculosis
hospital in such county; and thereupon the board of health and the department of
health and the board of tuberculosis hospital shall cease to exist, and all laws and
amendments of said laws, relating to and governing the aforesaid county board of
health, department of public health, and board of tuberculosis hospital, in conflict
with the provisions of KRS 212.350 to 212.620, shall, to the extent of such conflict,
stand and be repealed.
(2)Notwithstanding KRS 212.350 to 212.625, when a city of the first class and a
county containing such city have in effect a compact under KRS 79.310 to 79.330,
the county and such city of the first class shall agree that the county shall provide
all staff support, including a director of health with the qualifications specified and
subject to the provisions set forth in KRS 212.420, to the board of health through
county officers, assistants, clerks, deputies, and employees. In such case, all
officers, employees, and staff of the board of health and the department of health
shall be deemed county employees, and shall be subject to the control of fiscal
court. At the time the compact takes effect the officers, employees, and staff of the
board of health and the department of health shall be transferred to the service of
county government; provided that all such employees who at such time are in the
classified service shall be continued in a classified service administered by county
government. All functions, obligations, powers, and duties now vested in the board
of health shall continue to be vested in the board unless changed by ordinance of
the fiscal court of such county. Upon the establishment of a consolidated local
government in a county where a city of the first class and a county containing that
city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, the requirements of this subsection pertaining to county government shall be assumed by the consolidated local government.