KRS 215.560: Affidavit of failure to comply -- Administrative and judicial action.

(1) Whenever a person has reasonable cause to suspect that an individual with active

tuberculosis has knowingly failed to comply with the provisions of KRS 215.520 to

215.600, the person may file an affidavit with the local health department serving

the jurisdiction where the individual resides or where the alleged violation occurred.

The affiant shall state the details of the violation as completely and accurately as

possible and the local health department shall, with the assistance of the cabinet, if

necessary, conduct an appropriate investigation and, if indicated, shall order the

violator in writing to submit to the needed precautions, including quarantine, in

order to isolate and restrict activities, examination, or treatment. If the local health

department determines in the course of providing services that a violation has

occurred, it may issue an order regardless of the presence of an affidavit.

(2) If a person refuses to comply with an order of a local health department pursuant to

subsection (1) of thi s section, the health department shall, if the public health need

for intervention still exists, file a verified petition for relief with the District Court

in the county of its principal office. The health department shall include all pertinent

details in its petition. The defendant shall have the right to be represented by

counsel and the case shall be handled in the same manner as a civil case in every

other regard. If the court finds from a preponderance of the evidence or upon

admission by the defendan t that the defendant is in violation of provisions in KRS

215.520 to 215.600, the court shall enter an order that the appropriate precautions,

examinations, or treatment be carried out.