211.180 Functions of cabinet in the regulation of certain health matters -- Inspection fees -- Hearing. - Kentucky Statutes

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