KRS 212.850: Establishment of district health departments.

(1) Fiscal courts of all counties uniting to establish a district health department shall

certify to the cabinet a copy of their resolution for establishing a district health

department and providing for its maintenance and operation, and specifying the

amount of the appropriation therefor.

(2) If the cabinet finds that such a district health department has been proposed in

accordance with the provisions of KRS 212.810 to 212.930 and that the

appropriations are adequate, the cabinet shall enter an order declari ng the district to

be established and a copy of the order shall be filed with the Secretary of State and

with the county clerk of each county concerned. When a district department of

health is created all powers and duties of the county boards of health, e xcept as

otherwise provided in KRS 212.920, under existing statutes are transferred to the

district board of health. The cabinet shall, on or before July 1 in each year, allot to

each such district health department such amount that the cabinet deems to

constitute a just and equitable share of funds available therefor from appropriation

by the General Assembly, by grants and gifts received by this Commonwealth from

the government of the United States of America or from any of its agencies or

instrumentalities, and from other sources.

(3) In determining the allotments referred to in subsection (2) of this section, the

cabinet shall endeavor to provide for a distribution of the funds in a manner that is

reasonably calculated to equalize, so far as practicable, local health services to the

people of all counties served by the district health department. The cabinet may take

into consideration variations existing between districts by reasons of difference in

population, resources, industrialization, tax assessmen ts and tax rates, and other

local factors and conditions; the legislative intent being hereby declared to be that

districts shall provide, from local sources of revenue that are available to them,

financial support of district health departments to the ext ent of their respective

abilities.

(4) The cabinet may, in its discretion, alter or modify allotments from time to time and

may cancel any allotment whenever it finds that a particular district health

department is not maintained, operated and conducted in accordance with the

standards prescribed by the cabinet. Nothing in this section shall be construed as

requiring the cabinet to allot all funds available for local health purposes, or as

prohibiting the cabinet from allotting such portion thereof, as the cabinet may

determine, to a reserve account which may be sub -allotted by the cabinet in such

manner that it considers proper in the event of emergencies, disaster or unforeseen

events without regard to the provisions of subsection (3) of this section.