KRS 212.350: Creation of city -county board of health for cities of first class and counties

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 k nown 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 sam e; 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 orga nized 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 afores aid 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stand and be repealed.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 a nd 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 transfer red 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 t hat

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.