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212.850 Establishment of district health departments.

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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 <br>department and providing for its maintenance and operation, and specifying the <br>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 <br>appropriations are adequate, the cabinet shall enter an order declaring the district to <br>be established and a copy of the order shall be filed with the Secretary of State and <br>with the county clerk of each county concerned. When a district department of <br>health is created all powers and duties of the county boards of health, except as <br>otherwise provided in KRS 212.920, under existing statutes are transferred to the <br>district board of health. The cabinet shall, on or before July 1 in each year, allot to <br>each such district health department such amount that the cabinet deems to <br>constitute a just and equitable share of funds available therefor from appropriation <br>by the General Assembly, by grants and gifts received by this Commonwealth from <br>the government of the United States of America or from any of its agencies or <br>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 <br>reasonably calculated to equalize, so far as practicable, local health services to the <br>people of all counties served by the district health department. The cabinet may take <br>into consideration variations existing between districts by reasons of difference in <br>population, resources, industrialization, tax assessments and tax rates, and other <br>local factors and conditions; the legislative intent being hereby declared to be that <br>districts shall provide, from local sources of revenue that are available to them, <br>financial support of district health departments to the extent of their respective <br>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 <br>department is not maintained, operated and conducted in accordance with the <br>standards prescribed by the cabinet. Nothing in this section shall be construed as <br>requiring the cabinet to allot all funds available for local health purposes, or as <br>prohibiting the cabinet from allotting such portion thereof, as the cabinet may <br>determine, to a reserve account which may be sub-allotted by the cabinet in such <br>manner that it considers proper in the event of emergencies, disaster or unforeseen <br>events without regard to the provisions of subsection (3) of this section. Effective: June 17, 1978 <br>History: Amended 1978 Ky. Acts ch. 384, sec. 345, effective June 17, 1978. -- Created 1972 Ky. Acts ch. 301, sec. 5.