KRS 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 regula tion 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, prev ention, 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; t he 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 al teration 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 o f the people through better

nutrition.

(2) (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 t he

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 tr avel 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 th e 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.