Title XVIII, Public Health

The establishment, financing and operation of a construction subdistrict by the district are in all respects in the interest of public health and for a public purpose. In so doing the district performs a governmental function in the exercise of the powers conferred upon it, and i…

After the creation of a construction subdistrict under the provisions of KRS 220.553 to 220.613, the board of the sanitation district may, if it deems it advisable, use the authority and procedures granted to sanitation districts by KRS 220.535 to 220.537 to annex territory to a …

Incorporated in district, when. A sewage system owned by any municipality, political subdivision, or any other entity, public or private, may be made a construction subdistrict or incorporated into the district area by the board under the conditions of this section. (1) Any such …

The district shall wind up the affairs of a construction subdistrict and incorporate it into the district area only when: (1) The board finds that such action would best serve the policy of KRS 220.010 to 220.540. (2) There is not outstanding any bonds issued pursuant to KRS 220.…

(1) The district may issue for one (1) or more construction subdistricts bonds to finance construction of trunk, main, connecting sewers and any other facilities necessary to which, directly or indirectly, connect one (1) or more of such construction subdistricts to either the di…

The provisions of KRS 220.577, 220.581 and 220.611, providing for financing with revenue bonds, shall not repeal nor reduce any existing rights or duties of the district, but shall constitute an additional and alternate method of financing.

As used in this chapter unless the context requires otherwise: (1) "Secretary" means the secretary of the Cabinet for Health and Family Services; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Food" includes any article used by man for food, drink, confectio…

Licenses nontransferable. (1) Each frozen food locker plant or branch frozen food locker plant operated in this state shall be licensed under and subject to the provisions of KRS 221.010 to 221.100. (2) The cabinet shall promulgate administrative regulations to establish a fee no…

Board of Housing, Buildings and Construction -- Hearings. (1) The cabinet, through its secretary or his or her authorized agents, shall have the authority of supervising and enforcing the provisions of KRS 221.010 to 221.100. (2) The secretary may promulgate and enforce administr…

(1) The secretary may revoke or suspend a frozen food locker plant license if he finds on investigation that the licensee has violated any provisions of the law relating to frozen food locker plants or any law relating to the handling of human food, or has failed to comply with a…

nonhuman consumption. (1) The locker operator, or the secretary, or their authorized agents, may at any reasonable time inspect all foods, wares or merchandise before same is placed in the locker storage. The locker operator or the secretary, or their agents, may reject any foods…

The secretary shall cause to be made periodically a thorough inspection of each establishment licensed under KRS 221.010 to 221.100 to determine whether or not the premises are equipped and operated in accordance with the requirements of KRS 221.010 to 221.100 and of all other la…

Every operator of a refrigerated locker plant shall provide a complete refrigeration system with adequate capacity and accurate and reliable controls for the maintenance of the following uniform temperatures of the various refrigerated rooms if provided, under extreme conditions …

Receipts. (1) The liability of the owner or operator of refrigerated lockers for loss of goods in lockers or in operator's care shall be limited to negligence of operation or of employees. (2) Persons who own or operate refrigerated locker plants shall not be construed to be ware…

sale. The owner of any frozen food locker plant shall have a lien on the contents of each locker, compartment or space for the payment of the locker rental thereon and any processing or other charges. Such lien may be foreclosed by giving a written notice by certified mail, retur…

KRS 221.010 to 221.100 are in exercise of the police powers of the state for the protection of the safety, health and welfare of the people of the state. It is hereby found and declared that the public welfare requires control and regulation of the operation of refrigerated locke…

Any person violating any provision of KRS 221.010 to 221.100 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50) for the first offense, and not less than one hundred dollars ($100) for the second and for each and every su…

(1) The programs or activities of the voluntary self-help organizations known as Alcoholics Anonymous, Narcotics Anonymous, Al-Anon, and similar organizations in the area of substance use disorder rehabilitation shall not be restricted or regulated by the provisions of this chapt…

As used in this chapter, unless the context otherwise requires: (1) "Administrator" means the person or the designee of the person, in charge of the operation of substance use disorder prevention, intervention, or treatment program; (2) "Agency" means a legal entity operating hos…

As used in KRS 222.202 to 222.204, 222.990(3) to (5), "public place" shall have the same meaning as it does in KRS 525.010, provided that for violations of KRS 222.202(2) the definition shall not include any public place where a license under KRS Chapter 243 to sell distilled spi…

place. (1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity. (2) A person is guilty of drin…

(1) A peace officer may make an arrest for a violation of KRS 222.202. (2) Any peace officer who arrests a person for violation of KRS 222.202 shall take him to jail. A peace officer may issue a citation and may take the person to a facility authorized by county or city ordinance…

(1) A person who has been arrested and placed in jail prior to trial for violation of KRS 222.202 and has not had two (2) prior convictions in the previous twelve (12) months for violation of KRS 222.202 shall be released as set forth by the Supreme Court Rule of Criminal Procedu…

- Authority for administrative regulations -- Required services. (1) The cabinet shall, in conjunction with the Office of Drug Control Policy and KY- ASAP and in furtherance of the strategic plan developed in KRS 15A.342, coordinate matters affecting nicotine dependence and subst…

substance use disorder treatment program -- Duties of cabinet and Office of Drug Control Policy -- Eligibility to participate in program -- Employer’s permitted activities -- Effect of employer’s compliance with program requirements -- No private right of action granted -- Affirm…

The cabinet may: (1) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including but not limited to contracts with government departments, public and private agencies and f…

regarding standards -- Revocation or suspension -- Emergency order -- Inspection by cabinet. (1) The cabinet shall issue for a term of one (1) year, and may renew for like terms, a license, subject to revocation by it for cause, to any persons, other than a substance use disorder…

case managers, and community support associates -- Prohibition of psychoeducational services. The Cabinet for Health and Family Services shall promulgate administrative regulations in accordance with KRS Chapter 13A to: (1) Require that: (a) Until January 1, 2027, licensed alcoho…

(1) The administrator of each program shall keep a record of the treatment afforded each substance use disorder patient, which shall be confidential in accordance with administrative regulations promulgated by the cabinet. (2) Any patient may have a physician retained by him exam…

The Secretary of the United States Department of Health and Human Services shall be afforded reasonable access to any reports or records kept by the cabinet pursuant to and in accordance with the provisions of this chapter. The comptroller general of the United States or his duly…

Length of treatment. (1) No hospital shall deny treatment to a person solely because of his or her substance use disorder. (2) Any intoxicated person admitted to a licensed substance use disorder program or a hospital licensed to provide chemical dependency treatment or detoxific…

licensed treatment services -- Statistical report. (1) Any person may request treatment from a physician or substance use disorder program licensed or approved by the cabinet to provide substance use disorder treatment services. Persons infected with HIV, hepatitis B, or hepatiti…

additional services. (1) As used in this section, "third-party payor" means any person required to comply with KRS 304.17A-611(2) or 205.536(3). (2) Prior to the discharge of a patient that has received medication for addiction- treatment, the treating facility shall submit a wri…

recovery residence -- Procedures -- Exemption. (1) Except where prohibited by federal law, any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordan…

of-state residents in Medicaid -- Penalties -- Reimbursement -- Enforcement. (1) To the extent allowed by federal law, any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment services license under KRS 222.231…

state -- Prioritization in criminal cases -- Administrative regulations. (1) As used in this section: (a) "Department" means the Department of Public Advocacy; (b) "Qualified treatment program" means a treatment program that shall: 1. Meet, at a minimum, one (1) the following req…

treatment programs -- Penalties. (1) A person or provider shall not: (a) Knowingly and willfully solicit or receive any remuneration, including but not limited to kickbacks, bribes, or rebates, either directly or indirectly, overtly or covertly, in cash or in kind, or in return f…

(1) Involuntary treatment ordered for a person suffering from substance use disorder shall follow the procedures set forth in KRS 222.430 to 222.437. (2) Except as otherwise provided for in KRS 222.430 to 222.437, all rights guaranteed by KRS Chapters 202A and 210 to involuntaril…

No person suffering from substance use disorder shall be ordered to undergo treatment unless that person: (1) Suffers from substance use disorder; (2) Presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a subst…

Guarantee for costs. (1) Proceedings for sixty (60) days or three hundred sixty (360) days of treatment for an individual suffering from substance use disorder shall be initiated by the filing of a verified petition in District Court. (2) The petition and all subsequent court doc…

(1) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. (2) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause …

(1) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in KRS 222.431, the court may order the person hospitalized for a period not to exceed seventy-two (72) hours if the court finds, …

psychiatric facility. When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an examination scheduled before the hearing provided for in KRS 222.433 then the court shall, issue a summons…

The definitions in KRS 202A.011 and the procedures in KRS Chapter 202A apply to KRS 222.430 to 222.437 except where terms or procedures used therein are defined in KRS 222.005 or are otherwise provided for in KRS 222.430 to 222.437, respectively.

KRS 222.430 to 222.437 may be cited as the Matthew Casey Wethington Act for Substance Abuse Intervention.

minor hospitalized or treated involuntarily. (1) Notwithstanding any other law, a minor who suffers from a substance use disorder or emotional disturbance from the effects of a family member or legal guardian's substance use disorder or the parent or guardian of the minor may giv…

outcome effectiveness study. (1) As a requirement to receive state or federal funds, including Medicaid, a treatment center or program licensed as a chemical dependency treatment service pursuant to KRS 216B.042 or this chapter shall participate in an evaluation or client-outcome…

recovery services and programs operating within the Commonwealth -- Administrative regulations. (1) The Cabinet for Health and Family Services shall conduct a comprehensive review of all current state licensure and quality standards that apply to substance use disorder treatment …

(1) All inpatient, residential, or outpatient treatment centers or programs licensed as a chemical dependency treatment service pursuant to KRS 216B.042 or this chapter and receiving state or federal funds, shall participate in a client-outcome study conducted by the cabinet. Thi…

Chemical dependency treatment programs shall not be considered for receipt of state funds if they: (1) Do not submit reports as required by KRS 222.460; or (2) Do not cooperate in the submission of information that would allow the cabinet to conduct a scientific random sample sur…