{"data":{"id":"us-ky/krs-216b.305","jurisdiction":"us-ky","citation":"KRS 216B.305","heading":"Registration of boarding home -- Standards for operation --","body":"Unannounced inspection -- Denial of registration -- Access by cabinet\nemployees and agents -- No preemption of local authority for stricter\nrequirements.\n(1) A person, association, business entity, or organization shall not advertise, solicit\nboarders, or operate a boarding home without registering, on an annual basis, in a\nmanner and form prescribed by the secretary. A person who has been convicted of a\ncrime of abuse or neglect under KRS 508.100 to 508.120 or who has had a report of\nabuse substantiated by the cabinet shall not be registered to operate a boarding\nhome. The secretary shall impose a fee, not to exceed one hundred dollars ($100),\nfor this registration.\n(2) The secretary shall adopt standards, by administrative regulation pursuant to KRS\nChapter 13A, for the operation of boarding homes. The administrative regulations\nshall include minimum requirements in the following areas:\n(a) Minimum room sizes for rooms occupied for s leeping purposes. Rooms\noccupied by one (1) boarding home resident shall contain at least sixty (60)\nsquare feet of floor space. Rooms occupied by more than one (1) occupant\nshall contain at least forty (40) square feet of floor space for each occupant;\n(b) Bedding, linens, and laundry services provided to residents;\n(c) Sanitary and plumbing fixtures, water supply, sewage disposal, and sanitation\nof the premises;\n(d) Heating, lighting, and fire prevention, including the installation and\nmaintenance of smoke detectors;\n(e) Maintenance of the building;\n(f) Food handling, preparation, and storage, and kitchen sanitation;\n(g) Nutritional standards sufficient to meet the boarder's need;\n(h) Complaint procedures whereby residents may lodge complaints with the\ncabinet concerning the operation of the boarding home; and\n(i) Initial and periodic screening procedures to ensure that individuals meet the\ndefinition of \"boarder\" under KRS 216B.300(3).\n(3) Prior to the initial or annual registration of a boarding home, the cabinet shall cause\nan unannounced inspection to be made of the boarding home, either by cabinet\npersonnel or through the local health department acting on behalf of the cabinet, to\ndetermine if the boarding home is in compliance with:\n(a) Standards established in subsections (1) and (2) of this section;\n(b) Administrative regulations relating to the operation of boarding homes\npromulgated pursuant to subsection (2) of this section; and\n(c) All applicable local health, fire, building, and safety codes and zoning\nordinances.\n(4) (a) A boarding home shall not be regis tered to any person, association, business\nentity, or organization that has been previously penalized for operating a\nboarding home without a registration or that has had a previously denied or\nrevoked registration to operate a boarding home, for a period of five (5) years\nfollowing the date of imposition of the previous penalty or denial or\nrevocation of registration.\n(b) A boarding home operator may appeal the cabinet's denial of initial or annual\nregistration, and an administrative hearing shall be condu cted in accordance\nwith KRS Chapter 13B. A hearing held for a summary suspension shall be\nexpedited and shall be in accordance with administrative regulations\npromulgated by the cabinet. If a boarding home continues to operate in\nviolation of administrative regulations promulgated pursuant to subsection (2)\nof this section, the cabinet shall institute injunctive proceedings in Circuit\nCourt to terminate the operation of the boarding home.\n(5) Any person, association, business entity, or organization that submits an application\nto register a boarding home that conceals a previously denied or revoked\napplication or conceals a penalty received for operating a boarding home without a\nregistration shall be liable for a civil penalty of at least one thousand dolla rs\n($1,000) but not more than five thousand dollars ($5,000). Any registration issued\nin reliance upon the application concealing information shall be immediately\nrevoked.\n(6) Initial and annual registration may be denied and existing registration may be\nrevoked for any of the following:\n(a) The boarding home fails to achieve or maintain substantial and continuing\ncompliance with administrative regulations promulgated pursuant to\nsubsection (2) of this section;\n(b) The boarding home fails or refuses to corr ect violations within a reasonable\ntime as specified by the cabinet; or\n(c) The applicant for registration or the registrant has been convicted of a crime\nrelated to abuse, neglect, or exploitation of an adult or has had an incident of\nadult abuse, neglect, or exploitation as defined in KRS 209.020, substantiated\nby the cabinet.\n(7) Employees or designated agents of the cabinet shall have the authority to enter at\nany time a boarding home or any premises suspected of operating as an\nunregistered boarding ho me for the purpose of conducting an inspection or\ninvestigating a complaint.\n(8) A boarding home shall not handle, store, dispense, or assist with the dispensing of a\nboarder's prescription or non-prescription medications.\n(9) Upon request of the boarder, the boarding home shall provide access to a lockable\ncompartment for use by a resident who requests secure storage for prescription\nmedication.\n(10) If a boarding home fails to meet a minimum standard established in subsection (2)\nor (3) of this section an d is in such a condition that the cabinet determines that the\nboarding home's continued operation poses a significant risk to the health and\nsafety of its residents, the cabinet may summarily suspend the registration of the\nboarding home by ordering that i ts operations cease until corrections are made or\nuntil a hearing is held on the appropriateness of the suspension.\n(11) Nothing in this section or KRS 216B.303 shall be construed to prohibit local\ngovernments from imposing requirements on boarding homes t hat are stricter than\nthose imposed by administrative regulations of the Cabinet for Health and Family\nServices.","path":["KRS Chapter 216B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=57473","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:24Z","sha256":"bb618858b8d0c96dfad5a6b23a2c2224310307a4d5b07541ed8863f0d25fe1d1","source_id":"us-ky","stale":false,"prev":"us-ky/krs-216b.303","next":"us-ky/krs-216b.306"},"notice":"GroundRules: Original legal text. Not legal advice."}