Kentucky Revised Statutes

Ky. Rev. Stat. § 212.350 (2026)

Creation of city-county board of health for cities of first class and counties

✓ current as of May 2026

Find cases: SyfertCases citing this section KY-LRCapps.legislature.ky.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

containing such cities -- Corporate powers -- Abolishment of former health agencies -- Effect of compact -- Application upon establishment of consolidated local government. (1) In each county of the Commonwealth of Kentucky in which there is located a city of the first class or a consolidated local government, there is hereby created a board of health which board shall be a body politic and corporate, and shall be known as the ".... (name of city of the first class) and .... (name of county) or ..... (name of the consolidated local government) County Board of Health" hereinafter called the "board," which board shall have jurisdiction throughout such county, including all municipalities in said county with respect to and in accordance with the provisions of KRS 212.350 to 212.620. Wherever the words "city" and "mayor" are used in KRS 212.350 to 212.620 they shall mean such city of the first class or consolidated local government, and the mayor thereof. Said board may, in its corporate name, sue and be sued, contract and be contracted with, and acquire real, personal and mixed property by deed, purchase, gift, devise, lease, condemnation, or otherwise, and dispose of same; and may make appropriate rules and regulations and do all things reasonable or necessary effectively to carry out the work and properly to perform the duties intended or required by KRS 212.350 to 212.620. When and after the board herein created is organized as herein provided, and except as otherwise provided by law, said board shall succeed to and be vested with all of the functions, obligations, powers, and duties now being exercised by the county board of health, any department of public health, and by any board of tuberculosis hospital in such county; and thereupon the board of health and the department of health and the board of tuberculosis hospital shall cease to exist, and all laws and amendments of said laws, relating to and governing the aforesaid county board of health, department of public health, and board of tuberculosis hospital, in conflict with the provisions of KRS 212.350 to 212.620, shall, to the extent of such conflict, stand and be repealed. (2) Notwithstanding KRS 212.350 to 212.625, when a city of the first class and a county containing such city have in effect a compact under KRS 79.310 to 79.330, the county and such city of the first class shall agree that the county shall provide all staff support, including a director of health with the qualifications specified and subject to the provisions set forth in KRS 212.420, to the board of health through county officers, assistants, clerks, deputies, and employees. In such case, all officers, employees, and staff of the board of health and the department of health shall be deemed county employees, and shall be subject to the control of fiscal court. At the time the compact takes effect the officers, employees, and staff of the board of health and the department of health shall be transferred to the service of county government; provided that all such employees who at such time are in the classified service shall be continued in a classified service administered by county government. All functions, obligations, powers, and duties now vested in the board of health shall continue to be vested in the board unless changed by ordinance of the fiscal court of such county. Upon the establishment of a consolidated local government in a county where a city of the first class and a county containing that city have had in effect a cooperative compact pursuant to KRS 79.310 to 79.330, the requirements of this subsection pertaining to county government shall be assumed by the consolidated local government. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 180, sec. 4, effective June 29, 2023. -- Amended 2002 Ky. Acts ch. 346, sec. 203, effective July 15, 2002. -- Amended 1986 Ky. Acts ch. 77, sec. 22, effective July 15, 1986. -- Created 1942 Ky. Acts ch. 41, sec. 1.

Notes of Decisions

Cited in 12 cases, 1948–2014 · leading case: Commonwealth v. Do, Inc., 674 S.W.2d 519 (Ky. 1984).

Sort: Relevance Newest Treatment

Commonwealth v. Do, Inc., 674 S.W.2d 519 (Ky. 1984). · cites it 4× “Pursuant to KRS 212.350 et seq., the Louisville and Jefferson County Board of Health has broad authority to promulgate rules and regulations concerning public health.”

Calvert Investments, Inc. v. Louisville & Jefferson Cnty. Metro. Sewer Dist., 805 S.W.2d 133 (Ky. 1991). · cites it 2× “Stephenson then applied Haney as follows: "The Louisville and Jefferson County Board of Health was created by KRS 212.350. It was designated `a body politic and corporate', with power to `sue and be sued'.”

Bullitt Fiscal Court v. Bullitt Cnty. Bd. of Health, 434 S.W.3d 29 (Ky. 2014). · cites it 5× “Instead, Do briefly discussed KRS 212.350 et seq. as a basis for the health board’s general authority.”

Ashland-Boyd Cnty. City-Cnty. Health Dept. v. Riggs, 252 S.W.2d 922 (Ky. Ct. App. 1952). · cites it 2× “Unlike a city-county board of health for a city of the first class and the county in which it is located, KRS 212.350, such a combined department for a city of the second class and a county in which it is situated is not created as a corporate body.”

Sanitation Dist. No. 1 of Jefferson Cnty. v. Campbell, 249 S.W.2d 767 (Ky. Ct. App. 1952). “The Louisville and Jefferson County Board of Health is a similar public corporation organized under the provisions of Chapter 212, particularly KRS 212.350. We shall refer to these respective bodies as “District” and “Board.”

Henry v. Parrish, 211 S.W.2d 418 (Ky. Ct. App. 1948). “The Board was organized in 1942 under the provisions of Chapter 41, Acts of 1942, Sections 212.350 to 212.630, and 212.990, KRS.”

Stephenson v. Louisville & Jefferson Cnty. Bd. of Health, 389 S.W.2d 637 (Ky. Ct. App. 1965). “The Louisville and Jefferson County Board of Health was created by KRS 212.350. It was designated “a body politic and corporate”, with power to “sue and be sued”.”

Louisville & Jefferson Cnty. Bd. of Health v. Haunz, 451 S.W.2d 407 (Ky. Ct. App. 1969). · cites it 2× “By KRS 212.350 the board is vested with the authority to: " * * * make appropriate rules and regulations and do all things reasonable or necessary effectively to carry out the work and properly to perform the duties intended or required by KRS 212.”

Louisville & Jefferson Cnty. Bd. of Health v. Steinfeld, 215 S.W.2d 1011 (Ky. Ct. App. 1948). · cites it 2× “The Board was created by KRS 212.350 as a city-county board of health for cities of the first class and counties containing such cities.”

Fries v. United States, 76 F. Supp. 396 (W.D. Ky. 1948). · cites it 2× “Croslin was an employee of and paid by the Louisville & Jefferson County Board of Health, a corporate entity created by Section 212.350, Kentucky Revised Statutes, with power to sue and be sued and with other powers enumerated in the Statute, including the power to conduct and…”

City of Louisville v. Nat'l Carbide Corp., 81 F. Supp. 177 (W.D. Ky. 1948). · cites it 2× “Prior to 1945, the dust problem became of great concern to the' residents in the West End, and was the subject of an investigation and action by the Louisville & Jefferson County Board of Health, an administrative branch’ of the City and County, created under Kentucky Revised…”

Kesselring v. City of Louisville, 257 S.W.2d 596 (Ky. Ct. App. 1953). “KRS 212.350. Although possessing sufficient statutory power to function as a local public health unit, the board is not self-sustaining inasmuch as its revenues, with a few minor exceptions, come directly by appropriation from the city and the county governments.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.