215.560 Affidavit of failure to comply -- Administrative and judicial action.
278 words·~1 min read·
/ky/chapter-215/215-560A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Whenever a person has reasonable cause to suspect that an individual with active
tuberculosis has knowingly failed to comply with the provisions of KRS 215.520 to
215.600, the person may file an affidavit with the local health department serving
the jurisdiction where the individual resides or where the alleged violation occurred.
The affiant shall state the details of the violation as completely and accurately as
possible and the local health department shall, with the assistance of the cabinet, if
necessary, conduct an appropriate investigation and, if indicated, shall order the
violator in writing to submit to the needed precautions, including quarantine, in
order to isolate and restrict activities, examination, or treatment. If the local health
department determines in the course of providing services that a violation has
occurred, it may issue an order regardless of the presence of an affidavit.
(2)If a person refuses to comply with an order of a local health department pursuant to
subsection
(1)of this section, the health department shall, if the public health need
for intervention still exists, file a verified petition for relief with the District Court
in the county of its principal office. The health department shall include all pertinent
details in its petition. The defendant shall have the right to be represented by
counsel and the case shall be handled in the same manner as a civil case in every
other regard. If the court finds from a preponderance of the evidence or upon
admission by the defendant that the defendant is in violation of provisions in KRS
215.520 to 215.600, the court shall enter an order that the appropriate precautions,
examinations, or treatment be carried out.