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

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Page 1 of 1 215.560 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 <br>215.600, the person may file an affidavit with the local health department serving <br>the jurisdiction where the individual resides or where the alleged violation occurred. <br>The affiant shall state the details of the violation as completely and accurately as <br>possible and the local health department shall, with the assistance of the cabinet, if <br>necessary, conduct an appropriate investigation and, if indicated, shall order the <br>violator in writing to submit to the needed precautions, including quarantine, in <br>order to isolate and restrict activities, examination, or treatment. If the local health <br>department determines in the course of providing services that a violation has <br>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 this section, the health department shall, if the public health need <br>for intervention still exists, file a verified petition for relief with the District Court <br>in the county of its principal office. The health department shall include all pertinent <br>details in its petition. The defendant shall have the right to be represented by <br>counsel and the case shall be handled in the same manner as a civil case in every <br>other regard. If the court finds from a preponderance of the evidence or upon <br>admission by the defendant that the defendant is in violation of provisions in KRS <br>215.520 to 215.600, the court shall enter an order that the appropriate precautions, <br>examinations, or treatment be carried out. Effective: July 15, 1996 <br>History: Amended 1996 Ky. Acts ch. 33, sec. 6, effective July 15, 1996. -- Amended 1980 Ky. Acts ch. 188, sec. 210, effective July 15, 1980. -- Amended 1976 (1st <br>Extra. Sess.) Ky. Acts ch. 14, sec. 205, effective January 2, 1978. -- Amended 1974 <br>Ky. Acts ch. 74, Art. VI, sec. 107(3). -- Created 1970 Ky. Acts ch. 133, sec. 7.