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Pacific Coast
Journal of Nursing

BULLETIN

... ... ...

OF THF

STATE BOARD OF HEALTH OF KENTUCKY

EDITED AXU 1TIM.ISHED BY

Tin:

BOARD.

VOLUME VIII.

OCTOBER, 1919

No. 9

Ptlbli

Monthly.

Editorial and Bui B. B. Cor.
matter at U Office at Louisville

appiit-.i for.

ftth A .Main,

. Kentucky,

THE PUBLIC HEALTH MANUAL

1. 1 1 ciilt li Laws*

2. Rules ami Herniations.

3. Court Decisions,

4. Medical Laws.

5. Court Decisions.

(>. Index.

Mailed to any < itizen of the State for the asking. Advise us of a change of

address. Circulation, 25,000 i it ivo people of Kentucky.

TO BE PRESERVED.

PUBUd
HEALTH
LIBRARY

GIFT PA01FI0 OOAST JOURNAL
OF NUBSING TO HYGE1NE DEPT

THE STATE JOURNAL COMPANY

Printer to the Commonwealth

Frankfort, Kentucky.

STATE BOARD OF HEALTH OF KENTUCKY

DR. JNO. G. SOUTH _ .Frankfort

DR. WM. W. RICHMOND Clinton

DR. GEO. T. FULLER Mayfleld

DR. ISAAC A. SHIRLEY _ Winchester

DR. HENRY H. CARTER Shelbyville

DR. GEO. S. COON Louisville

DR. JOS. E. WELLS Cynthiana

DR. A. T. McCORMACK Louisville

Officers and Bureaus.

DR. JNO. G. SOUTH President

DR. A. T. McCORMACK Secretary

Bureau of Sanitation.
DR. JOS. N. McCORMACK, Director Louisville

Bureau of Vital Statistics.

DR. PHILIP HL BLACKERBY, Director Louisville

MISS NETTIE FERGUSON, Assistant Louisville

Bureau of Epidemiology and Bacteriology.

DR. LILLIAN H. SOUTH, Director Louisville

MISS NFLLIE PETERSON, Assistant Louisville

Bureau of Tuberculosis.
DR. a C WILSON'. Director Louisville

Bureau of Pure Food and Drugs.

I Hi. J. (J. FURNISH, Director Louisville

MR. J. W. McFARLAND, State Food Inspector Louisville

MR. .1 c. PORTBR, State Drug and Food Inspector Louisville

Public Health Laboratories.

PROF. J. O. LA BACH, Director Lexington

PROF. L. A. BROWN, Chemist Lexington

Prof. W. R. PINNELL, Bacteriologist Lexington

MR. N. U. CREGOR, Assistant _ Lexington

Bureau for the Conservation of Vision.

SURGKON JOHN McMULLEN, U. S. P. H. S., Director Louisville

P, \s. I BX7RG. JOS. C. JOHNSTON, in charge of Trachoma Hos-
pital Greenville

l\ ASST. SURG. R. \V. RAVXOR. in charge of Trachoma Hos-
pital Pikeville

A ASST BURG. FRANK (J. BLLIS, in charge of Trachoma Hos-
pital Jackson

Bureau of Venereal Diseases.

DR LBON L. SOLOMON, Director Louisville

DR. MILTON BOARD, Director Louisville

Bureau of Hotels and Restaurants.
MR. E. B. WEITZEL, Director Louisville

Bureau of Public Nursing.

MRS. LAFON RIKER, Director Harrodsburg

MISS MARIAN WILLIAMSON, State Supervisor Louisville

MISS MARTHA DARNABY, Assistant State Supervisor Louisville

Bureau of Child Welfare.
MR. GEO. I. BEHON, Director Louisville

Bureau of Housing.
MR. J. C. MURPHY, Director Louisville

743557

Health Laws of Kentucky

CHAPTER 63, KENTUCKY STATiTKs. as AMENDED IN 1918

Preamble

Whereas, accurate official reports from all of the counties in

Kentucky for the seven years the vital statistics law has been in
operation show a steady average of sixty per cent, of sickness and

forty-sewn per cent, of deaths from communicable diseases, which

with existing knowledge can and ought to he prevented, more
than one-half of this .sickness and these deaths occurring in persons
in. or just approaching, the most productive period of life, many
of them young mothers and fathers; and.

Whereas, official reports to the Judge Advocate General of the
United States army during the operation of the recent draft law

show that one third of the young men of Kentucky between the
ages of twenty and thirty years have such physical defects as
render them unfit for service to our country in time of need; ami.

Whereas, ninety-four per <'<-nt. of these defects are shown to
have been remediable by the application of simple methods of pre

ventive treatment ; and,

Whereas, many of these young men are as definitely unfitted for
effective, productive Citizenship as they are for soldiers; and,

Whereas, the fiscal condition of the Commonwealth demands
that all its affairs shall be conducted with Hi<v strictest regard for
economy and efficiency and witli the use of as few offices and
officers as can do the absolutely necessary work ; and.

Whereas mosi of the functions of government in a democratic
Commonwealth should be performed and conducted by the smaller
units of the people themselves, and under their immediate super-
vision ; and.

Whereas, this ean be done by consolidating all existing activi-
ties in tin' State performing health functions, and by codifying the
health laws go that all their duties will he imposed on one central
authority, in the interest of hoth efficiency and economy; now.

ther< •

HEALTH LAWS OF KENTUCKY

Number of
members. ,
Appoint-
ment.
Secretary.

Term of
office.
Vacancy.
How filled.

Powers and

duties.

Quarantine

established.

Common

carriers to

obey.

Penalty.

Sec. 2047. A board to be known as the State Board
; of : Health is hereby established. It shall consist of
eight members, all of whom shall be legally qualified
' praetvtjoiiers under this act, seven of whom shall be
appointed by the Governor, by and with the advice
and consent of the Senate, and the eighth member,
who shall be the secretary and executive officer, shall
be elected by the board and by virtue of his office of
secretary shall be a member of the board. One mem-
ber of the board shall be a homeopathic, one an electic
and one an osteopathic physician, and the other ap-
pointive members shall be regular or allopathic phy-
sicians, all to be appointed by the Governor from lists
of three names for each vacancy, furnished respective-
ly by the state society or association of such schools
or systems of practice as are entitled to the member,
and the successors of such members shall be appointed
in the same manner. If the board shall elect one of
its members secretary, as it may do, the Governor
shall appoint another member to complete the full num-
ber of the board. The president and secretary shall have
authority to administer oaths for the purposes of this
act, and the members of the board shall before entering
upon the discharge of their duties take the oath pre-
scribed by the Constitution for State officers.

Sec. 2048. The present board shall continue in
office until their respective terms expire; and as the
terms of members expire, their successors shall be
appointed, as herein provided, and shall hold office for
six years and until their successors are appointed. A
vacancy in the board may be filled by the Governor
until the next regular session of the General Assembly.

Sec. 2049. The board shall have general super-
vision of the health of the citizens of this state, and
endeavor to make intelligent and profitable use of the
collected records of the causes of sickness and death
among the people. They shall make sanitary investi-
gations and inquiry concerning the causes of disease,

HEALTH LAWS OF KENTUCKY

and especially of epidemics and endemics; the causes
of mortality, and the effects of locality, employments,
conditions, food, water supply, habits and other cir-
eumstanees upon the health of the people. They shall
make sanitary inspection and surveys of such places
and localities as they deem advisable; and when they
may believe that there is a probability that any in-

>US or contagious disease will invade this state
from any other state or country, it shall be their duty
t<» take such action and adopt and enforce such rules
and regulations as they may, in the exercise of their
discretion, deem efficient in preventing the introduc-
tion or spread of such Infectious or contagious dis-

or diseases, within this state. The better to ac-
complish sm h ol they are empowered and di-
.lilisli and strictly maintain quarantine at
such placet as they deem proper; and are further

empowered to make and enforce rules and regulations
t<. oh nid prevent the introduction or spread

of infections or Contagious discai 'f within the

They may establish quarantine ground in some
suitable place and establish the quarantine to he ob-

d in lUCh locality: and may there cause to he

mporary buildings or hospitals necessary §01

the medical treatment of any persons who may be kept

in quarantine and affected with contagious or in-
fections diseases. for the inspection or disinfection of

lers' baggage, merchandise and articles in tran-
sit througfc such quarantine grounds or stations, and
they may enforce inspections of persons and articles

at sii.-h stations or ground*, as well as the purification

of persona, baggage, and articles, and require the

transportation of passengers from said quarantine
station : and shall assign the charge and control of each
quarantine station to a competent physician and his

01 employes, who shall receive
such compensation as the board may fix as the value

of their services. All companies or individuals operat-
ing "j- controlling railroads, steamboats, coaches, pub-

HEALTH LAWS OF KENTUCKY

Meetings to
be held
semi-
annually.
Quorum.
Adoption of
rules.

Powers and
duties.

Members
sent on duty
to be paid.

lie and private conveyances, and steamers plying the
Ohio river or its tributaries in this State, shall obey
the rules and regulations when made and published
by the State Board of Health; and any owner or per-
son having charge of any railway train, passenger
coach, steamboat, or public or private conveyance,
who shall refuse to obey such rules and regulations
when made and published by the State Board of
Health, shall be guilty of a misdemeanor, and for each
offense shall be punished by a fine of not less than
fifty nor more than five hundred dollars, or be im-
prisoned in the county jail not less than ten nor more
than sixty datys, or both so fined and imprisoned-

Sec. 2050. The board shall hold its meetings semi-
annually at such places and times as the majority of
the board may determine by a vote taken at the previ-
ous meeting of the board ; a majority of the members
shall constitute a quorum for the transaction of busi-
ness ; they shall elect the president of the board from
their own number, and may adopt rules and by-laws
subject to the provisions of this law. They are au-
thorized to send either the secretary or a special com-
mittee of the board to consult and co-operate with the
National Board of Health, the state boards of health
of other states, or other sanitary organizations, with
reference to location, drainage, water supply, the dis-
posal of excrement and garbage, the heating and
ventilation of public and private buildings; and the
board is empowered to co-operate with other State
boards of health in prosecuting sanitary investigations,
and whenever requested, shall afford information to
any community as to the proper methods of ventilat-
ing and heating the public buildings and school houses
of the State.

Sec. 2051. Whenever the state board of health
shall deem it necessary to send any member or mem-
bers of said board to an}^ place in the State, for the
purpose of establishing quarantine, or to make any
sanitary investigation or survey, said board may allow

HEALTH LAWS OF KENTUCKY

such member or members so sent a reasonable com-
pensation, to be paid out of the appropriation made by
this law.

52. The secretary .shall be elected by the IgSSJ*-
members composing the state board of health on o?d removal
the firsl Monday in January, one thousand eight ?,ftyf and
hundred and ninety-live, and shall hold his office for

a term of four years, and until Ids 8 shall have

been elected He shall keep his office at some
rally located place in this state, designated by
the board, and shall perform the duties prescribed by
this law or required by the board, lb* shall keep a
record of the transactions of the board; shall have the
custody of all books, papers, documents and other
property belonging to the board which may be de-
posited in his office i shall, so far as practicable, com-
municate with other state boards of health, and with
the local boards, within this state; shall keep on file
all reports I from such boards, and all cor-

respondence of the office appertaining to the business

: : he shall, so tar as possible, aid in obtain
ing contributions to the library <»f the board; shall
prepare bis irns, and rach instructions

a^ may be i ;. and forward them to the local

boards of ? all collect information con-

cerning \it:: knowledge respecting disease

and all useful information on the subject of hygiene;

and through an animal report, and otherwise, as the

• BUCh information

among the p ad shall supply, on demand, to local

boards of health, reliable vaccina vims for the gratui-
tous vaccination of the porn-.

DCtary shall receive an annual Salary of
* secretary.

Balary. which -hall be fixed by the state board of compensa-
tion of

health. □ sding the sum of twelve hundred dol- ^y^8-

The board shall quarterl; y the amount

due him. and on tation of Baid certificate, the

Auditor shall draw his warrant upon the Treasurer for

lvintlng.

HEALTH LAWS OF KENTUCKY

Appropria-
tion of
$75,000.
Bureaus,
salaries,
and other
expenses.

that amount. The members of the board shall receive
no per diem compensation for their services, but their
traveling and other necessary expenses while employed
on the business of the board shall be allowed and paid.
The necessary printing of the State Board of Health
shall be done in the same way and upon the same con-
ditions as other public printing is done.

See. 2054. (1.) That the sum of seventy-five
thousand dollars per annum, or so much thereof as may
be found necessary by the state board of health, is
hereby appropriated for the use of such board to
establish and maintain:

a. A bureau of tuberculosis for the study, pre-
vention and treatment of that disease.

b. A bureau of vital statistics, that the causes
of sickness and mortality and records of births may
be promptly reported, utilized and permanently re-
corded.

c. A bureau of pure food and drugs, to protect
the people from adulterations, substitutions and mis-
branding, and dangers from these products.

d. A bureau of sanitation, for the practical
utilization of health knowledge in preventing and re-
stricting the spread of the communicable diseases and
in abating and minimizing the causes of sickness, in-
cluding venereal diseases, and for the study and con-
trol of unsanitary housing, hotel and rooming con-.
ditions, and for the protection of the rivers, creeks,
water sheds, springs, wells, and the regulation of sew-
ers, household waste and other matters relating to the
sources and purity of the water supplies in every sec-
tion, and the board is empowered in its rules and
regulations to provide for the protection and purifica-
tion of the same.

e. A bureau of epidemiology and bacteriology to
aid in the study, early diagnosis, location and preven-
tion of epidemics and communicable sickness.

f. A bureau of hotel inspection for the inspec-

HEALTH LAWS OF KENTUCKY

tion of hotels and restaurants of this Commonwealth
to determine their sanitary condition, and make such
reports and take such action as may be necessary to
protect tin* health and lives of the public under the
laws of this Commonwealth and the rules and regula-
tion! of the state and local boards of health.

And pay the salaries of its secretary and the heads
of these bureaus, who shall be elected for a term of
four years, and of such clerks, stenographers, inspectors
and other employees as it may find actually accessary,
and to pay the traveling and such other expenses of the
board SS i\ may find necessary in the proper discharge
of its duties: an itemized list of all expenditures under

aei to be made in its report to the General As-
sembly,

To arrange for an annual School for eounty and

ri;y health officers, at some centrally located place, for

antic instruction in the lust practical method for

ntin<_r the diseases above named, and other pub-
lic health work, said school to continue in session at

'lif lays; and it shall be the duty of each city

and county health officer to attend -and take pari in

such schools unless prevented by an epidemic in hi*
city or county, or for other reasons satisfactory to the
officials conducting the school, and it shall be the duty
:<-li tis.-iil ,-ourt op city council to pay the actual
ncurred by its health officer in
attending racfa schools, upon certificate duly attested
by the gate board of health of actual attendance

during the entire period for which such school is held
and that the charges are reasonable.

All warrants and vouchers under this act shall be

signed by the president and countersigned by the

secretary of the board, and duplicates of all vouchers,

and an itemised statement of expenditures, shall DC

filed with the Auditor of Public Accounts. The sec-
retary shall give bond in the sum of teM thousand dol-
lars, Prom a reliable bonding company, the tv

which shall he paid by Said board, for the faithful

School for
health

officers.

Warrant!

Mill J

vouclc is.
How paid.

HEALTH LAWS OF KENTUCKY

Compensa-
tion for
health
officers.

County and
district
health de-
partments.

performance of his duties and the proper account-
ing for all funds coming into his hands, and said bond
shall be filed with the Auditor of Public Accounts.
The total expenses of the board shall not exceed the
sum hereby appropriated, except for the public print-
ing of said board which shall be paid for outside of
this appropriation, as other public printing is now
paid.

(2.) Physicians appointed as health officers for
cities and counties shall receive reasonable compen-
sation for their services, to be allowed by the coun-
cils, or fiscal courts of the cities or counties, and to
be paid as other city and county officers are paid,
and such officers may be removed at any time by the
local boards appointing them. It shall be the duty of
such local authority to transmit to the office of the
State board the name and post office address of each
officer appointed by it. Any head of a family who
wilfully fails or refuses, or any physician who shall
fail or refuse to report, to the local board of health
cases of cholera, smallpox, yellow fever, scarlet fever,
diphtheria or other epidemic diseases as provided for
in section 2055, Kentucky Statutes, Carroll's Edition
of 1915, shall be fined not less than ten, nor more than
one hundred dollars for each day he neglects or re-
fuses to report, and repeated failure to report as here-
in provided, including reports of births and deaths,
shall be sufficient cause for the revocation of a phy-
sician's certificate to practice medicine in this Com-
monwealth.

And be it further enacted that a county or district
health department for the prevention and control of
epidemics and communicable sickness, as may be de-
termined by the state board, may be created, estab-
lished and maintained in and by counties or districts
in this Commonwealth in the following manner :

A district for the creation, establishment and
maintenance of a county or district health department
may consist of one county, or two or more counties

HEALTH LAWS OF KENTUCKY 13

contiguous to each other. The fiscal court of any
county, or the body exercising the functions of the

,tl court, may by resolution at a regular session de-
clare that such county shall be a district for the crea-
tion, establishment and maintenance of a county health
department, and said fiscal court, upon such resolution
being passed, shall at once, out of the funds of the
county, appropriate a sufficient amount for the crea-
tion, establishment and maintenance of such a county
health department, hereinafter described and set

forth and defined. Or, if there are not sufficient funds
on hand for BUCh appropriation at the time said reso-
lution is adopted, at the next succeeding county levy

such court shall make BUCh levy as will he sufficient to
produce the necessary amount of tax for the creation.

bliahment ami maintenance of said county depart-

Elt of health, and shall further make a levy for the
maintenance of such department of health, and shall
annually thereafter make a h'vy of sufficient amount
Of tax to pay the annual ( of maintenance of

said county department of health: provided, that

after such resolution is entered, the voters within
thirty days may enter their protest against same by
filing with the county judge a petition signed by
twenty Legal voters requesting that the establishment

"I" SUCh ;i county health department he done by the

ich county as herein provided.

The fiscal courts of tWO or more COntigUOUS coun-

niay by resolution, which shall be in full force

and effect for two years awaiting the action of the
of one or more contiguous counties two or

more Counties may unite in the formation of such a dis-
trict health department, duly |»;iss,m1 by a majority
\ote of members present, by each court, unite said coun-
ties into a district for the purpose of creating, estab-
lishing and maintaining a district department Of health

for the prevention and control of epidemics and com-
municable sirki. determined by the state Board

of Health. Said each court, at the time of passing said

14 HEALTH LAWS OF KENTUCKY

resolution shall provide an appropriation for its pro-
portion of the cost of the creation, establishment and
maintenance of such district health department, to be
paid by such county, or, if the funds are not on hand
for that purpose, shall at the next regular meeting of
such fiscal court at which a county levy is made, levy
a tax for that purpose, and also levy a tax for the
payment of the proportionate part of the annual
maintenance of said district department of health, to
be paid by such county, and shall thereafter make an
annual levy of tax sufficient in amount to pay its
proportion of the costs to said county for the succeed-
ing year.

Where two or more counties unite to form such
district, the first cost of creating and establishing said
district department of health and the cost of the
equipment as may be necessary to comply with the
provisions of this act shall be paid by the counties
comprising the district in proportion to the taxable
property of each county as shown by their respective
county assessments. The annual expense of main-
tenance, as set forth in this act, of such district health
department, shall be borne by each county reasonably
and equitably in such amounts as shall be ascertained
under rules and regulations of the State Board of
Health, which rules and regulations shall be such that
the expense shall be borne reasonably and equitably
by each of the counties in proportion to the amount
of the taxable property of such county.
forVpopu- If the fiscal court or body exercising the func-

tions of the fiscal court of any county or counties
shall fail or refuse to establish a county or district
department of health, as herein authorized, the citi-
zens of any county, or of two or more contiguous
counties, may have such county or such contiguous
counties established as a county or district depart-
ment of health in accordance with the provisions of
this act in the following manner: A number of legal
voters equal to ten per cent, of the total number of

HEALTH LAWS OF KENTUCKY 15

rotes east at the last regular election of such county
may file their petition with the county judge of such
county asking that the proposition of establishing such
county as a district for the creation, establishment
and maintenance of a county or district department of
health for the prevention and control of epidemics
and communicable sickness, as determined by the
State Board of Health, be submitted to the voters of
said county at the next general election which shall
be held in said county, provided that such general
election does not occur within less than thirty days

after the filing of said petition. Baeh voter signing

said petition shall state his full name and address.

Upon the filing of said petition with the county judge, meotion;

.11, , ,,-'•• how con"

he shall enter an order directing the publication m ducted.

full of such petition in the newspaper having the
largest circulation in said county at least once a week
four euns. -rut iw weeks next preceding such gen-
eral election, and shall further enter an order di-
ting tin- clerk Of the county curt to have placed

upon the ballot at such election the question. "Are

you in fav.r of establishing a c.Minty department of

health"' with underneath the words "Yea," follow-
ed by a square and "No" followed bj ;i ^inarc for the
placing of the stencil of the voter, if the majority

Voting on the proposition to establish such

nounty department of health vote "Yea," then said
department of health \'*'r said county shall he created,

iblished and maintained. If the contrary, then it
shall not. The vote on sueh question shall he canvassed

and returned by the Hoard of Election Commission-
for raefa general election, and such election may be
COnfc provided by law for other contested elec-

tions, b; ition filed in the circuit court of such

county by "lie or more qualified voters of said county
whoTOfo fi or "No" as thi st may be had,

and to which the members of the fiscal court of the

county shall be made defendants, together with such

other qualified voters .^ may hare voted contrary to

16 HEALTH LAWS OF KENTUCKY

the contestants and desire to be made parties to the
contest.

Where the citizens of two or more contiguous coun-
ties desire to have created, established and maintain-
ed a district department of health for the prevention
and control of epidemics and unnecessary sickness, in
said counties, not less than, twenty qualified legal
voters of each county shall file a petition in the county
of their residence, asking that such a district depart-
ment of health be created, established and maintained,
naming the several counties to be united in creatine
establishing and maintaining such a district depart-
ment of health. Such petitions shall be filed in each
county of the proposed district department of health,
and the method of proceeding in each shall be the
same as hereinabove provided for one county, except
that the same proceeding shall be taken in each county
for the general election to be held at the same time
in each county, and the question placed upon' the
ballot shall read: "Are you in favor of establishing
a district department of health ?" If any one of said
counties in the proposed district shall fail to vote
"Yes" on the proposition, then said district depart-
ment of health cannot be established unless by a con-
test of the election in such county it should be finally
determined that such county had voted "Yes." At
the time of filing the petition or petitions, as the case
may be, the petitioners shall deposit with the county
judge a sufficient sum of money to pay the cost of ad-
vertising hereinabove required.

The result of any county election for the creation,
establishment and maintenance of a county or dis-
trict department of health shall, be certified to the
fiscal court of such county or to the fiscal court of
each of the counties in which said department of
health is to be created, established and maintained,
and said fiscal court or courts shall, if the result of
said election be certified to it or them as in favor of
the creation, establishment and maintenance of said

HEALTH LAWS OF KENTUCKY 17

county or district department of health, forthwith
proceed to declare such county or counties a district
for the establishment of a county or district depart-
ment of health, and shall proceed to put same into
effect in the manner as a fiscal court or courts arc
authorized to do upon their own initiative as here-
inabove provided, and the cost and expenses of its
itablishmenf and maintenance shall follow
in all manners the same as hereinabove provided.

Upon the creation of such county or district de-
partment of health, the fiscal court of the county, or
the fiscal courts of the several counties, where more

than one county took action as herein provided to
blish and maintain a district health depart-
ment, shall at one- notify llie state hoard of health

■ ii ol the county or counties to create, es
tabljsh and maintain a county or district health de-
partment.

[1 is farther provided thai such a district depart
'!? «.f health may he established in two or more
contiguous counties if one or more said counties shall
by resolution duly passed by its fiscal court or body

iming the Functions of the fiscal court declare its
ntion of creatii 'Mine: and maintaining a

district health department in two or more contiguous

counties, and the other or remaining county or coun-

by a vot.' of its citizens as herein provided

ermine to cr- | district department of health.

rided that when a county hy a vote, of its citizens

shall vote in a general election, as herein provided
lust creating, establishing and maintaining a county

distrii t department of health, said department of

health may do! by resolution of iis fiscal court be so

tablished <>r maintained until after the ex-
piration of the terms of office of the members of said
fiscal court or corresponding hody of such a county,
who of said court or body when such

an ••lection WW held.

It shail be the duty of the state hoard of health

HEALTH LAWS OF KENTUCKY

County
board of
health to
grovern.
Rules and
regula-
tions.

Election and
duties of
health
officer;
salary.

at once to notify the secretary of the county board or
boards of health to call a meeting of the county board
or boards of health for the purpose of organizing the
county or district department of health, which is de-
scribed, defined and set forth as follows:

A county department of health shall be govern-
ed by the members of the county board of health who
as heretofore provided are charged with the enforce-
ment of the health laws of this Commonwealth and
the rules and regulations of the state and county
boards of health, and, at the meeting of the county
board of health called for the purpose of organizing
said county department of health, a majority of the
qualified members constituting a quorum with the full
authority of the board, it shall elect a health officer,
who shall be a legally qualified physician, and who
shall, in a book to be provided for the purpose, keep
full minutes of its proceedings. He shall be a grad-
uate in medicine and surgery from some medical col-
lege, recognized as in good standing by the State Board
of Health and must have had at least six months '
special training in preventive medicine and public
health work in some school or college in good stand-
ing as recognized by the state board of health; he
shall be required to devote his whole time to the duties
of his office and is prohibited from the practice of his
profession for compensation from his patients; he
shall be paid a reasonable salary of not less than two
thousand dollars nor more than three thousand dollars
per annum and the necessary expenses for traveling
in the performance of his duties. It shall be his duty
to execute the orders of the county board of health,
the laws of this Commonwealth governing disease and
the rules and regulations of the state and local boards
of health. He shall be elected for a term of four years
at a fixed annual salary to be paid at regular intervals
as other county officials are paid. He may at any time
be removed for cause made known to him in writing
after a hearing by the county board of health, at

HEALTH LAWS OF KENTUCKY

which he may be represented by counsel and in case
of dismissal lie shall have the right of appeal to the
State Board of Health which may at its meeting, a
quorum being present, confirm or reject the action of
the county board of health, in which case its action
is final, unless its action is set aside by action through
tonrta of competent jurisdiction.

The comity board of health may also employ not
less than one assistant to the health officer of the

i. who shall be skilled in the care of the sick and
trained in the best methods of preventive medicine,
nor more than three assistants, except counties having
cities of the first and seeond class, in which case one

•;int ma\ be employed 1'or each ten thousand pop-
ulation, provided that in no case the total amount ex-
pended in any ronnty shall exceed one-half of one
mill for each dollar of assessed valuation of prop-
erty for taxation in such county: and in the event a
COUnty is unable with said maximum expenditure of

money to maintain a county department of health ac-
cording to the permanent standards herein fixed, it
may not bliah and maintain a county de-

partment Of health alone, but may unite with one or
more comities as herein provided to create, establish
ami maintain a district department of health.

The county board of health shall also provide an
office suitably furnished for its meetings and to con-
duct its business, and conveniently located as deter-
mined by it. It shall be the duty of the health officer

in the laboratory of the eounty department of health

in the office of said board to make chemical and bac-
teriologica] examinations of milk and water of all
dairies, sources of drinking water suspected of being
dangerous to the public health, and so ordered by the

COUnty Or State board of health; he shall be prepared

to make examinations of blood, sputum, discharges

from the nose, throat, kidneys, skin and bones, for the

detection of the cause of malaria, tuberculosis, diph-
theria, typhoid ^'yr. dysentery, hookworm disease,

Employment
of assis-
tants.

Offices.
Duties of
health
Ofl i'-ers.
labora-
tories.

HEALTH LAWS OF KENTUCKY

Vaccines.

School in-
spections.

pneumonia and such others as may be fixed by the coun-
ty or state board of health; he shall be prepared and
shall also keep properly safeguarded a supply of fresh
smallpox virus, typhoid vaccine for the prevention
of typhoid fever, for free distribution and use for the
citizens of the county, and a supply of fresh diphtheria
antitoxin, which shall be sold at wholesale cost for
use upon any citizen of the county, and where any
person unable to purchase them within the county is
found suffering from diphtheria or has been exposed
to smallpox or typhoid fever, it shall be the duty of
the county board of health to furnish free such diph-
theria antitoxin, smallpox virus or typhoid vaccine as
may be needed to protect the health and lives of the
people of the county, and it shall be the duty of the
health officer or assistant to administer promptly
these curative and preventive agents.

The county health officer shall make frequent
trips of inspection to all parts of the county to de-
termine and remove causes of sickness. He shalL visit
the schools of the county and make such inspections
of surroundings, premises or inmates as the county
or state boards of health may determine are necessary
to protect the public from communicable diseases. If
in school examinations of children for defective eye-
sight, hearing, diseased tonsils and teeth and adenoids,
such conditions be found either by himself or his as-
sistant, a confidential report in writing shall be made
to the parent or guardian of such child or children,
calling attention to the defect or disease and requesting
that such condition be corrected.

The health officer shall make a physical, chemical
and bacteriological examination of the drinking water
used by school children and if dangerous to their
health, the county or state board of health may order
that a supply of pure water be furnished at the ex-
pense of the county or city board of education. If in
the opinion of such board the premises are construct-
ed in violation of the law and are found to be un-

HEALTH LAWS OF KENTUCKY 21

sanitary or unsafe for the housing of children, the
local 01 State Board of Health may institute an action
in the circuit court of the county where the building

ituated and the court after due hearing and veri-
fying tiic facta may order a safe and sanitary school
building to be erected within a reasonable time by
tlie county or city board of education in accordance
with the laws of this Commonwealth governing the
erection of school houses and the control of diseases,
and the rules and regulations of the state hoard of

'ih.

A district department of health shall he governed Vo^ment*0"
by the members of the county boards of health of the »««•«• *?ov-

ernea.

counties which, in a< rdance with the provisions of

this act, hii tblished and maintained a

district department of health. The members of such

county boards Of health governing said district de-

partment of health are charged with the enforcement
of the laws of this Commonwealth relating to disease
and the iiiles and regulations of each county hoard
of health not in conflict with the rules and regulations
adopted by the members governing the district de-
partment ot* health and the rules and regulations of
of health. A majority of all of the
members «•!' tl ounty boards of health who have

qua1 ii. of all (.1" the COUntieS Which have

ereal tablished and maintained a district depart-

ment of health, sh.,11 constitute a quorum and shall
6 all the authority to Carry out the provisions of

this act. and at a meeting called for such a purpose.

in sccoi ' ith the provisions heretofore men-

tioned, they shall ele.-t a district health officer for a
term of four years at a fixed salary. His compensa-
tion, qualifications and duties shall he the same

. ided for the county health officer of a

COUnty which h d. established and maintained

a county department of health, except that his activ-

I, authority and jurisdiction shall extend to all Of
the counties whose hoards of health jrnvern the said

22 HEALTH LAWS OF KENTUCKY

district department of health. He shall divide his time
devoted to the performance of his duties of inspection
and visiting schools, sites of epidemics, in the per-
formance of his duties herein provided, reasonably
and equitably between the counties composing the dis-
trict over which he has jurisdiction, in accordance with
the rules and regulations adopted by the governing
board of said district, which rules and regulations
must take into consideration the relative expenditure
of money to maintain said district department of
health, spent by the counties composing the district.

Said governing board of said district department
of health shall also employ at least one assistant in
each of the counties within its jurisdiction, to be under
the direction of the governing board of said district
department of health, who shall have the same quali-
fications, duties and compensation as are herein pro-
vided for the assistant in a county department of
health, and more than one assistant may be employed
in each county of said district, provided that in no
county shall the sum expended for the said district
department of health exceed the sum of one-half of one
mill to each dollar of the assessed valuation of prop-
erty listed for taxation in said county and each county.

Said governing board of said district department
of health shall provide and furnish an office centrally
and conveniently located as determined by such gov-
erning board for its meeting place and for the con-
duct of the business of said governing board, as pro-
vided heretofore for a county department of health.

Said health officer of said district department of
health may be removed from office under the condi-
tions herein prescribed for removal of a county health
officer of a county department of health.
Attorneys. (3.) That it shall be the duty of the county and

Provisions v J ...

for« Commonwealth attorneys and the Attorney General,

within their respective jurisdictions, to represent the
State and local boards of health in all matters relat-
ing to the enforcement of the health and medical laws

HEALTH LAWS OF KENTUCKY

and the performance of the duties of such boards, but
when the state board of health, in its capacity as
guardian of the health and lives of the people, shall
deem it necessary, it may employ at its discretion
special attorneys and inspectors to assist such officers
to perform such duties and pay reasonable compensa-
tion for the same from any unexpended funds at its
disposal.

(4.) That the sum of ten thousand dollars be, £™£ngent
and tin- same is hereby appropriated, which shall con-
stitute a "contingent fund," any part of which may,
from time to time, be used for preventing the introduc-
tion of cholera, yellow fever, epidemic meningitis, in-
fantile paralysis, plague or other pestilence, into this
State, or for the suppression thereof if introduced.
No part of the ten thousand dollars shall he used for
any other purpose than that expressed in this section.
Dor shall any part thereof be used except upon the ap-
proval of the Governor of tins Commonwealth; but
whenever in the judgment of the Governor it shall be
to take action to preveni the introduction

spread of any of Baid diseases, he is authorised and
direeted, from | i approve the written

order of the board for so much of the ten thousand
dollars as may be necessary in favor of the state board

health, and on receipt of such order the Auditor
shall draw his warrant on tin- Treasurer for the amount
of such Orders, and said sum s<> received by the state

hoard of health, or so much thereof ;is may be nec<-
any, shall l>" expended by said board in the work of

itecting the people of this state against the introduc-
tion or spread of these di

(5.)

It shall he the duty Of the COUncil Of every City boards

of heal tli

city in this State of ten thousand inhabitants or more and health

off if*GI*fi

to appoint a board of health for such city, to consist
of six persons, not members of such council, who shall
be appointed as follows: Two persons for a term of

ii of two years and two
per* rm of three years, and at least tbr<

;

HEALTH LAWS OF KENTUCKY

County
b cards.
Appoint-
ment—term.
Powers and
duties.
Health
officer.
Compensa-
tion.

of whom shall be competent physicians. The mayor
of such city shall be ex-officio a member of such board
of health. Upon the expiration of the term of office of
any member of a board of health appointed under this
section his successor shall be appointed for a term of
three years. Such board of health shall organize within
ten days after its appointment, and shall elect a com-
petent physician, who shall be the health officer of
such city, and the executive officer of and ex-officio
a member of such board of health. Such local board
shall have the same powers within its respective cities
as local boards for counties are invested with by this
chapter. Provided, that when a county, except one
having a city of the first or second class, shall by reso-
lution of its fiscal court or corresponding body, or by
a vote of its citizens as herein provided, create, estab-
lish and maintain a county or district department of
health, such a department of health shall include such
cities having a population of ten thousand and over,
and no such cities may organize a city board of health,
but the health officer of the county or district depart-
ment of health shall serve, as herein provided, for the
entire county or district.

Sec. 2055. It shall be the duty of the state board
of health to appoint three intelligent and discreet li-
censed and practicing physicians residing in each
county of this State who, together with the county
judge and one person elected by the fiscal court of each
county, shall constitute a local board of health for the
respective counties in which they reside, and such per-
sons as members of the local board shall hold their
office for a term of two years from the date of their
appointment or election, and until their successors are
appointed or elected, and such local boards are em-
powered and it shall be their duty to inaugurate and
execute and to require the heads of families and other
persons to execute such sanitary regulations as the
local board may consider expedient to prevent the

HEALTH LAWS OF KENTUCKY 25

outbreak and spread of cholera, smallpox, yellow fever,
scarlet fever, diphtheria and other epidemic and com-
DUinicable diseases, and to this end may bring the in-

ted population under prompt and proper treatment
during premonitory or other stages of the disease,
and they are empowered to go upon and inspect any
premises which they may believe are in an unclean or
infections condition, and it shall be empowered to fix

I determine the location of an eruptive hospital for
the county, sufficiently remote from human habitation

and public highways as in Us judgment is safe, and

said boards are authorised and shall have power to
enforce the rules and regulations adopted by the state
board of health, and any person who shall fail or
refuse, after written notice from the local board or
board, to observe or obey the written request

shall be fined not less than ten nor more than one

hundred dollars for each day he BO fails or neglects, and

it shall be the duty of physicians practicing their pi

nons in any county in whieh a local board is organ-
ized to report all or any of the above mentioned dis

their special treatment, to such local
board; and it shall likewise be the duty of the heads
of families to report ai lid diseases known by
them to exisl in their respective families, to such local
board, or to some member thereof, within twenty-four
hours from his or her knowledge of the existent f

SUCh di» ad such local hoard shall make report

to the Btate board of health, at least once in every
three months first, of the character of the infection
epidemic and communicable diseases prevailing in
their county; second, the number reported as afflicted
with such disease; third, the action taken by such
hoard in arresting the progress of such epidemics, and
the visible effects of such action, and shall also make

►rts when they deem it expedient or when

required by the state board, and the Local hoard shall
eive no compensation for such services. The local

hoard shall appoint a Competent practicing physician

20 HEALTH LAWS OF KENTUCKY

who shall be the health officer of the county and sec-
retary of the board, whose duties shall be to see that
the rules and regulations provided for in this act, and
the rules and regulations of the state biard of health
are enforced, and who shall hold his office at the pleas-
ure of said board, and he shall receive a salary, the
amount of which to be fixed by the fiscal court at the
time, or immediately after his election. In no state
of case -shall said health officer claim or receive from
the county any compensation for his services other
than the salary fixed by the fiscal court.

?sutlbunshed Sec. 2056. In the counties bordering on the Ohio

board*?.1 and Mississippi rivers, and on the State lines separating

stateCeboard Kentucky from the States of West Virginia and Tenn-
PenaityY ' ' essee, the local boards of health are empowered to de-
r^vloiat-" clare and maintain quarantine in said county or coun-
ties, or in any particular place or places therein,
against the introduction of any contagious or infectious
diseases prevailing in any other state or county: Pro-
vided, that so soon as such quarantine is established, the
local board declaring the same, through its presiding
or chief officer, shall in writing, notify the state board
of health of such quarantine, and the extent thereof;
and thereupon the state board of health, in the exer-
cise of its supervisory power over local boards, shall,
as early as practicable, by their sanitary or executive
committee, ascertain the necessity for such quarantine,
and shall either approve of said quarantine, and en-
force the same, or declare the same raised. The state
board of health, and its agents, employes, or the local
boards of health, acting under the direction and regu-
lations of the state board, when they have reasonable
ground to believe that any packet or other steamboat,
barge, or other watercraft navigating the Mississippi
or Ohio rivers, or any of their tributaries, is infected
with any epidemic or infectious disease, are empowered
to prevent the landing of such craft at any point or
places on the Kentucky shore; and they are also em-

HEALTH LAWS OF KENTUCKY

Boards may

examine
into causes
of disease.
Notice to re-
move

powered, when they have reasonable grounds to be-
any railway train, coach, or other vehicle con-
tains persona or articles infected with epidemic or in-
fectious diseases, to detain, at any station or point on
such railway or road, such train, coach or vehicle, for
a time sufficient to disinfect or purify the same: Pro-
vided, quarantine lias been established at such station
or place by action of said boards; and any railway
conductor, driver or person in charge of any coach
or \ chicle who shall willfully avoid or prevent tin1 in-
spection or purification of the coaches or vehicles ander
his charge or control shall be guilty of a misdemeanor,
and fined not less than fifty nor more than five hundred

dollars, and unprisoned not less than leu nor more
than sixty days, or both so fined and imprisoned.

W57. The itate board of health and the
Local boards shall have power and authority to examine

into all nuisances, sources of filth and r;niM\ of ^iek-

QCSS that may. in their opinion, be injurious to the RjKSty?'

health of the inhabitants within any county in this

state, or in any vessel within any harbor or port in
any county in this si ad whenever any such nui-

sance, SOUree Of filth 0 ' of sickness shall be

found to exist <>ii any private property, or in any vessel

within any port or harbor of any county in this state,

or upon any water course in this state, the state
board of health, or local board of health, shall have
power and authority to order, in writing, the owner or
occupant thereof, at his own expense, to remove the

same within twenty-four hours or within such reason-
able time thereafter as such board may order; and if
the owner or occupant shall neglect so to do. he shall
be fined, not b-ss than ten nor more than one hundred
dollars, and each day's cont inuance of such nnisance,
filth, or cause of sickness, after the owner
or occupant thereof shall have Been notified to remove
sme, shall be i separate offense.

2058. It shall be the (hiiy of the eounty at- gJJSkr
torney of each eounty to prosecute any person who attomty.
shall violate the provisions of this chapter.

HEALTH LAWS OF KENTUCKY

Hotels.

Definition

of.

Restau-
rants.
Definition
of.

Bureau
created.
Duties
defined.

Application
for license.
Fees.

BUREAU FOR THE REGULATION OP HOTELS
AND RESTAURANTS AS AMENDED IN 1918.

Sec. 2059. (1) Every building or structure,
kept, used as, maintained, or advertised as, or held
out to the public, to be a place where sleeping accom-
modations are furnished to the public, whether with
or without meals, shall for the purpose of this act be
deemed a hotel.

Every building or .structure, and all buildings in
connection kept, used, or maintained as, or advertised
as, or held out to the public to be a place where meals
and lunches are served, without sleeping accommoda-
tions, shall for the purpose of this act be deemed a
restaurant and the person or persons in charge thereof,
whether as owner, lessee, manager or agent, for the
purpose of this act, shall be deemed proprietor of such
restaurant and whenever the word "restaurant" shall
occur in this act it shall be construed to mean such
structure as herein described.

A bureau of hotel inspection as herein provided
is created under the supervision and control of the
state board of health, which board is hereby charged
with the responsibility and given the control of the
enforcement of the provisions of this act. It shall
keep such records as are necessary for public use and
inspection, showing the condition of all hotels and
restaurants, together with the name or names of the
owner, proprietor or manager thereof, and showing
their sanitary conditions, and any other information
that may be for the betterment of the public health,
and likewise, shall enforce any orders, requests, rules
or regulations promulgated by the state board of health.

(2.) Within sixty days after the effective date
of this act, and each year thereafter, every person,
firm or corporation now engaged in the business of
conducting a hotel or restaurant, and every person,
firm or corporation who shall hereafter engage in con-

HEALTH LAWS OF KENTUCKY 29

ducting Mali business must procure an inspector's cer-
tificate for each hotel or restaurant so conducted, or
proposed to be conducted, provided that one certifi-
cate shall be sufficient for each combined hotel and
aurant where each is conducted in the same build-
ing and under the same management Each certificate
shall expire on the 31si day of December next follow-
ing its issuance. That the state hoard of health shall
furnish to any person, firm or corporation desiring to

COndttGi a hotel or restaurant an application blank to

be filled out by such persons, firm or corporation for

a certificate therefor, and which shall require such

applicant to state the full name and address of the
owner <>f the building, the lessee and manager of such
hotel or restaurant, together with the full description
of the building and property to be used or proposed
to be used for su.-h business, t lie location of t lie same,
the name under which such business is to be conducted,

and such other information as may be required therein

by the Btate board Of health, and such application

shall be accompanied by the inspection fee for hotels of

three dollars and an additional charge of twenty live

ecu ch additional bed room in of ten.

and for restaurants, three dollars, and an additional
charge of twenty-five cents for each five chairs or stools
or s|),hTs where persons are fed in excess of ten, but

no fee to exceed ten dollars, and all such fees shall be
turned into the State treasury on the first day of

January, April. July and October of each year.

Upon the approval of BUCh application by the state mandatory.

board of health, a certificate to conduct sueh business
inch application is made for shall be issued. No

hotel or restaurant shall be maintained and conducted
in this state after the taking effect of this act. without

having secured a certificate therefor as herein provided,

and no Certificate Bhal] be transferable. Provided, how-

fter the making of application for a certifi-
herein provided, and pending the issuance of Mich

nch hotel or restaurant shall be permitted to

HEALTH LAWS OF KENTUCKY

Inspection
of hotels
and restau-
rants.

Heating-,
plumbing-,
ventilation,
and light-
ing of.

operate as such until the final refusal of such application
by the state board of health. Provided also, that no
hotel or restaurant shall be denied relief in the courts
in action instituted by such hotel or restaurant by rea-
son of the fact that a certificate has not been issued
to such hotel or restaurant.

(3.) It shall be the duty of the state board of
health to inspect or cause to be inspected at least once
annually every hotel and restaurant in this State, and
for such purpose its inspectors shall have the right to
enter and have access thereto at any reasonable time,
and wherever upon such inspection it shall be found
that such business and property so inspected is not
being conducted, or is not equipped, in the manner
required by the provisions of this act, or is being con-
ducted in such manner as to violate any of the laws
of this State or rules and regulations of the state
board of health governing same, it shall thereupon
be the duty of the inspector or board to notify the
owner, proprietor or agent in charge of such busi-
ness, or the owner or agent of the building so occu-
pied, of the conditions so found, and such owner, pro-
prietor or agent shall forthwith comply with the pro-
visions of this act unless, otherwise herein provided,
reasonable time may be granted by the said board
for compliance with the provisions of this act.

(4.) Every hotel and restaurant in this State
shall be properly plumbed, heated, lighted and ven-
tilated, and shall be conducted in every department
with strict regard to health, comfort and safety of its
guests. Provided that such proper lighting shall be
construed to apply to both daylight and artificial
illumination and that such proper plumbing shall be
construed to mean that all plumbing and drainage
shall be constructed and plumbed according to ap-
proved sanitary principles, and such proper ventilation
shall be construed to mean at least one door and one
window in each sleeping room.

HEALTH LAWS OF KENTUCKY 31

No room shall be used for a sleeping room which
does not open to the outside of the building or light
wells, air shafts or courts, and all sleeping rooms shall
have at least one window to the outside of the build-
ing or light wells, air shafts or courts, and shall have
one door opening on a hallway.

In each sleeping room there must be at least
one window with openings so arranged as to pro-
vide easy access to the outside of the building, light
wells, air shafts or courts.

In all cities, towns and villages where a system 2jJJ25.*nd
of waterworks and sewerage is maintained for the
public nse, every hotel and rooming house shall with-
in six months after the passage of this act be equipped
with suitable water closets for accommodation of its
and such closets shall be connected by proper
plumbing with such sewerage system, and the means
Bushing such water closets with the water of said

in in such manner as provided in the regulations
of the state board of health. All lavatories, bath
tubs, sinks, drains, closets and urinals in such hotels
must be connected and equipped in a similar manner,
both as to method and time.

In all cities, towns and villages not having a svs- sanitary

' privies.

t« m ot waterworks, every hotel shall have properly
sanitary privies as provided in the rules
and regulations of the state board of health.

i hotel in this State shall be provided with a wash
main public wash room, convenient and of easy ac-

All hotels in this State shall hereafter provide Towel*,
eacb bedroom with at least two clean towels daily for
Bach guest, and shall also provide the main public
liroom with clean individual towels, maintaining
same in view and reach, and for use of gnosis during
the regular meal hour, and where no regular meal
hours are maintained, then between the hours of 6:30
a. m. and 9:00 a. m. and 11 :30 a. m. and 2:00 p. ra.
and 0:00 p. m. and 8:00 p. m., so that no two or more

HEALTH LAWS OP KENTUCKY

Bed linen.

Disinfec-
tion.
Vermin.

Infected

rooms.

How

treated.

guests will be required to use the same towel unless
it has first been washed. Such individual towels shall
not be less than ten inches wide and fifteen inches
long after being washed. Provided, that this shall not
prohibit the use of individual paper towels in such
washrooms.

All hotels hereafter shall provide each bed, bunk,
cot or sleeping place for the use of guests, with pillow
slips and under and top sheets; each sheet, on and
after the first of January, 1915, shall be made 99 inches
long, and of sufficient width to completely cover the
mattress and springs; provided, that a sheet shall not
be used which measures less than 90 inches after it has
been laundered. Said sheets and pillow slips to be
made of white cotton or linen, and all such sheets and
pillow slips, after being used by one guest, must be
washed and ironed before they are used by another
guest, a clean set being furnished each succeeding
guest.

All bedding, including mattresses, quilts, blankets,
pillows, sheets and comforts, used in any hotel in this
state must be thoroughly aired, disinfected and kept
clean. Provided, that no bedding, including mattresses,
quilts, blankets, pillows, sheets or comforts, shall be
used wlych are worn out or unfit for further use.

Any room in any hotel or restaurant infected with
vermin or bed bugs shall be fumigated, disinfected and
renovated at the expense of the proprietor of the said
hotel until said vermin or bed bugs are exterminated.

When any communicable disease shall occur in any
room in any hotel or rooming house in this state, such
room shall not be occupied until it has been cleaned
and disinfected under the supervision of the health
officer in accordance with the rules and regulations of
the state and local boards of health. All notices to be
served by the state board of health or one of its in-
spectors provided for in this act shall be in writing,
and shall be either delivered personally, or by reg-

HEALTH LAWS OF KENTUCKY

istered Letter to the owner, agent, lessee or manager
of such hotel or restaurant.

Any person, firm or corporation who shall operate
a hotel or restaurant in this state, or who shall let a
building used for such business without having first
complied with the provisions of this act, or after con-
viction for any violation of this act as herein pro-
vided, or after the cancellation or revocation of such a
certificate as herein provided shall be guilty of a .mis-
anor, and shall be punished by a fine of not less
than ten dollars nor more than one hundred dollars.
or imprisonment in the county jail for not more than
ninety days, and each day's operation of such hotel
or restoranl shall constitute a separate offense.

(5.) The officer or inspector making the in-
on or examination shall report such conditions
and violations to the state hoard of health, or to the
county or city health officer, and such officer or offi-
cers shall thereupon issue a written order to the per-
son, firm or corporation responsible for the violation
or condition aforesaid to abate such condition or vio-
lation, or to make such changes or improvements as
may be D . to abate them, within such reason-

able tin!.' as such order may require. Notice of such
order may be served by delivering a copy thereof to
said person, firm or corporation, or by sending a copy

red mail, and the receipt thereof
through the post office shall be prima facie evidence

that noti »f said order has been received. Such per

trporation shall have the right to appear

or by attorney before the board whose offi-

cer issued the hearing notice, or the person appointed

by it for such purpose, within the time limited in the

. and shall be given an opportunity to be hear. I
and to show why such order Or instructions should

not be obeyed. Such bearing shall be under such rules

and regulations aa may be prescribed by the state
board if health, [f after such bearing it shall appear
that the provisions or requirements of this act or the

Penalties.

i nspectors
to make re-
ports,
Notice*.
i [taring's.
Prosecu-
tions,

If. U

HEALTH LAWS OF KENTUCKY

Licenses to
be canceled.

Posting- of
license.

laws of this Commonwealth, have not been violated,
said order shall be rescinded. If it shall appear that the
provisions or requirements of this act or the laws of
this Commonwealth are being violated, and that the
person, firm, or corporation notified as aforesaid is
responsible therefor, said previous order shall be con-
firmed or amended, as the facts shall warrant, and
shall thereupon be final, but such additional time as
is necessary may be granted within which to comply
with said final order. If such person, firm or cor-
poration is not present or represented when such final
order is made, notice thereof shall be given as above
provided. On failure of the party or parties to comply
with the first order within the time prescribed, when
no hearing is demanded, or upon failure to comply
with the final order, within the time specified by the
official of the city, county or state board of health,
the facts shall be certified to the Commonwealth's,
county or city attorney of the district in which such
violations occurred, and said attorney or other at-
torney as heretofore provided shall proceed against
the party or parties for the fines and penalties pro-
vided by this act, and also for the abatement of the
nuisance; provided, that the proceedings herein pre-
scribed for the abatement of nuisances as defined in
this act shall not in any manner relieve the violator
for other violations of the law nor from the penalties
for such violation ; and

(6.) Whenever the owner, manager or person
in charge of any hotel or restaurant shall have been
convicted as provided in the preceding section, and
shall for a period of sixty days after such conviction
fail to comply with any provisions of this act, the cer-
tificate granted to such person to conduct business
may be cancelled by the state board of health.

(7.) Every hotel or restaurant securing a cer-
tificate under the provisions of this act shall keep the
same posted in a conspicuous place in the office of such
hotel or restaurant.

HEALTH LAWS OF KENTUCKY

All prosecutions under this act shall be conducted Attorneys.
by the county or district attorney of the county in
which the offense was committed, or special attorney
employed by the state board of health.

BUREAU OP PURE FOOD AND DRUGS-
LABORATORIES, AS AMENDED IN 1918.

Sec. 2060. (1.) That it shall be unlawful for any
person, persons, firm or corporation within this State
to mannfactnre tor sale, produce for sale, expose for
sal<\ have in his or their possession for sale or to sell
any article of food or drag which is adulterated or mis-
branded within the meaning of this act, and any per-
son or persons, firm or corporation who shall manu-
facture for sale, expose for sale, have in his or their
Bale or sell any article of food or drug
which is adulterated or misbranded within the mean-
ing of this act shall be fined not less than ten dol-
ttor more than one hundred dollars, or be im-
prisoned not to exceed fifty days or both such fine and
imprisonment. Provided, that no article of food or
drug shall be dewm-d misbranded or adulterated with-
in the provisions of this act when intended for ship-
ment to any other state or count ry. when such article
is not adulterated or misbranded in conflict with the
laws of the United States; but if said article shall be
in fact sold or offered for sale for domestic use or con-
BUmption within this state, thru this proviso shall not
exempl said article frmn the operations of any of the
other provisions of this act.

(2.) That the term food, as used in this act, shall
include every article used for or entering into the
composition of food or drink for man or domestic ani-
mals, including all liquors.

(3.) For the purpose of this act, an article of
f<>nd shall be deemed misbranded i

First, [f the package or label shall bear any
itatement purporting to name any ingredient or snb-

1 Vnalties
for the man-
ufacture.
sale or mis-
branding of
Milulterated
food or
drugs.

Definition.

False label*.

HEALTH LAWS OF KENTUCKY

Imitations.

Certified
milk.

False

weights or
measures.

False or

misleading

labels.

Liquors.

Compounds.

Blends.

stance as not being contained in such article, which
statement shall not be true in any part; or any state-
ment purporting to name the substance of which such
article is made, which statement shall not give fully
the name or names of all substances, contained in any
measurable quantity.

Second. If it is labeled or branded in imitation
of or sold under the name of another article, or is
an imitation either in package or label of another
substance of a previously established name, or if it be
labeled or branded so as to deceive or mislead the
purchaser or consumer with respect to where the
article was made or as to its true nature and substance,
or as to any identifying term whatsoever whereby
the purchaser or consumer might suppose the article
to possess any property or degree of purity or qual-
ity which the article does not possess.

Third. If in the case of certified milk, it be sold
as or labeled "certified milk," and it has not been
so certified under rules and regulations by any county
medical society, or if when so certified it is not up to
that degree of purity and quality necessary for infant
feeding as determined by the rules and regulations of
the state board of health.

Fourth. If it be misrepresented as to weight or
measure, or, if where the length of time the product
has been ripened, aged or stored, or if where the length
of time it has been kept in tin or other receptacle, tends
to render the article unwholesome, the facts of such
excessive storage, ripening, aging or packing are not
plainly made known to the purchaser and to the con-
sumer.

Fifth. If the package containing it or its label
shall bear any statement, design, or device regarding
the ingredients or the substances contained therein,
which statement, design or device shall be false or mis-
leading in any particular. Provided, that articles of
liquor which do not contain any added poisonous or
deleterious ingredients shall not be deemed to be

HEALTH LAWS OF KENTUCKY 37

adulterated or misbranded within the provisions of
this act, in the case of articles labeled, branded or
tagged so as to plainly indicate that they are com-
pounds, imitations, or blends, and the word ''com-
pound/' "imitation,'' or "blend," as the case may be,
is plainly stated on the package in which it is offered
for sale Provided, that the term blend as used herein
shall be c(»nst rued to mean a mixture of like sub-
stances. imt excluding harmless coloring and flavoring
ingredients used for the purpose of coloring and
flavoring only.

(4.) For the purpose of this act, an article of £seftto adult-
food shall be deemed to be adulterated: erations.

First. It* any substance or substances be mixed
or packed with it so as to reduce, lower or injuriously
affect its quality <>r strength.

Second. If any substance be substituted wholly
or packed with it bo aa to reduce, lower, or injuriously
affect its quality or strength.

Third. It' any valuable constituent of the article
has been wholly or in part abstracted; or if the prod-
uct is below that standard of quality represented to

purchaser or consumer.

Fourth. If it is mixed, colored, coated, polished, SgJJ^JJI*11*
powdered, or stained whereby damage is concealed, or
if it is made to appear better or of greater value than
it is. or it' it is colored or flavored in imitation of the

line color or flavor of another substance of a previ-
ously established name.

Fifth. If it contains added poisonous ingredients, f'oisons.
which may render such article injurious to health, or
if it contains any antiseptic or preservative which may
render such article injurious to health, or any other
antiseptic or preservative not evident or not plainly
ted <>n the main label of the package.

Sixth. If it consists of or is manufactured from JJ^pSP*-
in whole or in part of a diseased, contaminated, filthy pJJ8uot»«
or decomposed substance, either animal or vegetable
substance produced, stored, transported or kept in

38 HEALTH LAWS OF KENTUCKY

a condition that would render the article diseased,
contaminated or unwholesome, or if it is any part the
product of a diseased animal, or the product of an
animal that has died otherwise than by slaughter, or
that has been fed upon the offal from a slaughter-
house, or if it is the milk from an animal fed upon
a substance unfit for food for dairy animals, or from
an animal kept and milked in a filthy or contaminated
stable or in surroundings that would render the milk
contaminated. Provided, that any article of food which
may be adulterated and not misbranded within the
meaning of this act, and which does not contain any
added poisonous or deleterious ingredient and which
is not otherwise adulterated within the meaning of
paragraphs four, five and six of section four of this
act, or which does not contain any filler or ingredient
which debases without adding food value, can be
manufactured or sold, if the same be labeled, branded
or tagged so as to show the exact character thereof.

uEbef tell ^n(* a^ S11C^ ^aDe^s an^ a^ labeling of packages pro-
vided for in any provisions of this act shall be on the
main label of each package and in such position and
character of type and terms as will be plainly seen,
read and understood by the purchaser or consumer.
Provided, further, that nothing in this act shall be
construed as requiring or compelling the proprietors,
manufacturers or sellers of proprietary foods which
contain no unwholesome substances or ingredients to
disclose their trade formulas except in so far as the
provisions of this act require to secure freedom from
adulteration, imitation or misbranding. But in the
case of baking powders, every can or other package
shall be labeled so as to show clearly the name of the
acid salt which shall be plainly stated on the face of
the label to show whether such salt is cream of tartar,
phosphate or alum. Provided, further, that nothing
in this act shall be construed to prohibit the manu-
facture or sale of oleomargarine, butterine, or kindred
compounds in a separate and distinct form, and in

HEALTH LAWS OF KENTUCKY 39

such manner as will advise the consumer of the real
character, tree from coloration or ingredient that
causes it to look like butter.

(5.) That the term drug, as used in this act, f^^JJJ1®11 as
shall include all medicines and preparations recognized
in the latest revisions of the United States Pharma-
copoeia or National Formulary for internal or external

and any substance intended to be used for the
cure, mitigation or prevention of diseases either of
man or other animal, and shall include Paris green
and all other insecticides and fungicides.

(6.) That for the purpose of this act, an article fionSsUtu"
of drag shall be deemed to be adulterated:

Pint. If. when a drug is sold under or by the
name recognized in the United States Pharmacopoeia
National Formulary, it differs from the standard
of strength, quality or purity, as determined by the
laid down in the Tinted States Pharmacopoeia
\ational Formulary official at the time of investi-
gation. Provided, that no drug defined in the United

States Pharmaeo] ii or National Formulary shall

1m- deemed to be adulterated under this provision if
the standard of strength, quality, or purity he plainly
stated upon the bottle. 1><,\. (,r other container thereof,
although the standard may differ from that made by
the test laid down in the United States Pharmacopoeia
or National Formulary.

Second. It' the strength or purity fall below the
profesfed standard or quality under which it is sold.

Third. If in putting up any drug, medicine or

preparation, proprietary or otherwiae, used in medi-
ea] praetiee, or if in making up a prescription or fill-
in*: an oider for drugs, medicines or preparations,
proprietary or otherwise, one article is substituted or

disp. -used for a different article for or in lieu of the
article prescribed, ordered and demanded, or if a

or less quantity of any ingredient specified
in such prescription, order or demand, is used than

that prescribed, ordered or demanded, or if it deviates

40 HEALTH LAWS OF KENTUCKY

from the terms of the prescription, order or demand
by substituting one drug for another. Provided, that
except in the case of physicians' prescriptions nothing
herein shall be deemed or construed to prevent or im-
pair or in any manner affect the right of the druggist
or pharmacist, or other person to recommend the pur-
chase of an article other than that ordered, required
or demanded, but of a similar nature, or to sell such
article in lieu of an article ordered, required or de-
manded, with the knowledge and consent of the cus-
tomer,
definitions (7.) p0r the purpose of this act, an article of

branding-. drug shall be deemed to be misbranded :

First. If the package or label bears any state-
ment, design or device regarding such article or drug
or regarding any ingredient or substance contained
therein which shall be false or misleading in any par-
ticular, or if it is falsely branded as to state, territory
or country in which it is manufactured or produced.

Second. If it be an imitation of or offered for
sale under the name of another article, or if it be
labeled, branded, or in any way represented or sold
so as to deceive or mislead the purchaser or consumer
as to the quality, purity or medicinal value.

Third. If the contents of the package as orig-
inally put up, or the contents of the package, box,
bottle, phial, can or other container, sold or exposed
for sale, delivered, given away, shipped or offered for
shipment, shall have been removed in whole or in
part, and other contents shall have been placed in
such package or box, phial, can or other container,
or if when a package or container has been once emptied
and new contents placed therein all original labels,
marks, brands, and identifying marks are not en-
tirely removed or effaced and new labels, marks and
brands truthfullj' describing the new product or prod-
ucts affixed : Provided, that such new contents shall
not be like or similar to said original contents.

HEALTH LAWS OF KENTUCKY

Fourth. If the package, box, bottle, phial, can or
other container shall fail to bear a statement on the
label of the quantity or proportion of any alcohol,
morphine, opium, cocaine, heroin, alpha or beta
eucaine, chloroform, cannabis indica, chloral hydrate,
or acetanilide, or any derivative, or any preparation
of any such substance contained therein. Provided,
that oothing in this paragraph shall be construed to
apply to the dispensing of prescriptions written by a
regularly licensed practicing physician, veterinary
Burgeon or dentist and kept on file by the dispensing
pharmacist, or to such drugs as are recognized in the
United States Pharmacopoeia and the National Form-
ulary, and which are sold under the name by which
they arc recognized. And. provided, further that this
provifl II not be construed as repealing or in

conflict with any statute which prohibits the sale of
in drugs except upon a prescription of a phy-
sician. And provided, further, that nothing in this
act shall be construed as repealing any acts regulat-

the practice of medicine or pharmacy not in con-
flict herewith. Provided, further that no prescription
shall l>c knowingly refilled except for the person for

whom i* was written.

(8.) It shall be the duty of the state board of

health to make, or cause to be made, examinations of
samples of food and drugs manufactured or on sale
or dispensed in Kentucky at such time and place, and
ich extenl as it may determine. It shall also make
or cause to be made analysis of any sample of food
or drug which it or any health official or the state
board of pharmacy may suspect of being adulterated
or misbranded. and of any sample of food or drug
furnished by any Commonwealth, county or city at-
torney of this State. And the said board may ap-
point such agent or agents or inspectors as it may deem
necessary, who shall have free access at all reasonable

hours for the purpose of examining into places where-
in any food or drug product is being produced, manu-

Labeling as
to habit-
forming:
drugs.

Duty as to

systematic
• x.nninn-
tlona of
food and
drugs.

i'2

HEALTH LAWS OF KENTUCKY

Inspectors.
Standards
to be fixed
and pub-
lished.

Adulterated
or mis-
branded
food and
drug's.
Prosecu-
tions.

factured, prepared, kept or offered for sale or dispensed
for the purpose of determining as to whether or not
any of the provisions of this act are being violated, and
such agent or agents upon tendering the market price
of any article, may take from any person, firm or other
corporation, a sample of any article desired for exam-
ination.

That the state board of health is hereby em-
powered to adopt and fix the methods by which samples
taken under the provisions of this act shall be analyzed
or examined and to adopt and fix standards of purity,
quality or strength when such standards are necessary
or are not specified or fixed herein or by statute. Pro-
vided, that such standards shall be published for the
information and guidance of the trade. Provided,
further, that for the purpose of uniformity, when such
standards so fixed differ from the legally adopted
standards of the United States Department of Agri-
culture, the state board of health shall arrange for
a conference between the proper food control repre-
sentative's of the United States Department of Agri-
culture and the board and the representatives of the
trade to be affected, for the purpose of arriving, if
possible, at a uniform state and national standard.
And provided, further, that when the standard or
nomenclature for any food or food product has been
determined by the Supreme Court of the United States
such standard or nomenclature shall govern in the en-
forcement of the provisions of this act. And provided
that all rules and regulations for the governing and
carrying out of the provisions of this act relating to
drugs shall be made and established by a committee
of three persons composed of the director of the ex-
periment station, the president of the State Board of
Health and the pharmacist member of said board.

(9.) Whenever any article shall have been ex-
amined and found to be adulterated or misbranded in
violatiin of this act, the state board of health shall
certifv the facts to the Commonwealth's attorney of

HEALTH LAWS OF KENTUCKY 43

the district, or to the county attorney of the county,
or the city attorney of any city or town, in which the
said adulterated or misbranded food or drug product
was found, together with a statement of the results
of the examination of said article of food or drug,
duly authenticated by the analyst under oath and
taken before some officer of this Commonwealth au-
thorized to administer an oath, having a seal. And R^es °* .

° District and

it shall be the dutv of every Commonwealth a attorney, County

Attorneys.

county attorney and city attorney to whom the state
hoard of health, or the State Board of Pharmacy, or
to whom the chief health officer of any county, town
or city shall reporl any violation, to cause proceedings
to he commenced againal the party bo violating this act,
and the same prosecuted in the manner as required
by law. Provided, however, that in the case of the
ftrsl charge or finding, the manufacturer or dealer
shall be notified of tin- finding and be given a hearing
within fifteen days before a report is made to the
Commonwealth's, county or city attorney as herein
provided; provided, further, that where more than
sample of the same brand of product has been
taken and examined, the tirst finding or charge shall
be construed to apply to all samples so taken, and
notice and bearing shall apply to all such samples.

(10.) Said board shall make an annual report to Reports to

iiuvcnwr

the (inventor upon adulterated food or drug products an<i General
iii addition to the reports required by law, and such an-
nual reports thai] be submitted to the General As
sembly at its first regular session, and said board may
issue from time to time a bulletin giving the results
of the inspections and of all analyses of samples taken

lubmitted for examination under this act, together
with the names of the parties from whom the samples
Were taken, or where the inspections were made, and

far as possible, the name of the manufacturers, the
number of samples found to be adulterated, the num-
ber found not to be adulterated, and other information
which may be of interest to the manufacturers or

HEALTH LAWS OF KENTUCKY

Hearings.

Collection
and analysis
of samples.

Duties of
Experiment
Station.
Examination
of water,
ice, sewage
and disease
products.

dealers in food or drug products or to the consumer;
provided, however, that before such publication is
made the manufacturer of the article and the dealer
shall be furnished a true copy of the facts to be pub-
lished regarding the article at least thirty days before
the publication and hearing given the dealer and man-
ufacturer, and any true statements or explanations of
reasonable length, as determined by said board, made
by such manufacturers shall be included in the same
place and along with the publication made regarding
the article.

(11.) The state board of health may provide
for the examination of any sample of food or drug
taken or submitted in accordance with the provisions
of this act, and for procuring samples of food or drugs
and for making inspection into the condition and
wholesomeness and purity of the food produced, man-
ufactured or sold in food factories, grocery stores,
bakeries, slaughter-houses, dairies, milk depots or
creameries, and all other places where foods are pro-
duced, prepared, stored, kept or offered for sale ; for
studying the problems connected with the production,
preparation and sale of foods; investigations for
standards, expert witnesses attending the grand juries
and courts, clerk hire, and all other expenses neces-
sary for carrying out the provisions of this act, in-
cluding salary of the experts employed in the work.

That the Experiment Station of the University
of Kentucky, in its chemical, bacteriological or re-
search laboratories that are, or may be, established,
shall make such analytical, chemical or bacteriological
examination of samples of foods, drugs, or their labels,
as herein provided : drinking waters, ice, sewage ;
specimens of fluids, discharges or excretions from the
body of humans or other animals suspected of being
diseased, to determine the presence of typhoid fever,
meningitis, tuberculosis, venereal diseases, pneumonia,
diphtheria and such other diseases as may be named
bv the state board of health : the brains of animals

HEALTH LAWS OF KENTUCKY

for examination for rabies: thai may be submitted to
said >tatioii by the state board of health in the dis-
charge ol said board's duties, and shall conduct
promptly and efficiently this and such other laboratory
work for the state board of health as the laws of
the Commonwealth require of said board.

In the presence of an outbreak, or impending out-
break, of cholera, yellow fever, plague, cerebro-spinai
meningitis, infantile paralysis or other pestilence said
laboratory shall equip and conduct Buch an emergency

laboratory at any place as may be needed or demanded
by the state board of health for the prompt location.

diagnosis and suppression of such pestilence, the cost
of which laboratory to be paid out of the "contingent
fmid'* provided herein for the use of said board for

purpofl
The University of Kentucky shall employ a di

■ of the Laboratories for the work of the board,
whose qui shall include technical and scien-

tific training and experience in public health work.

and if at any time, the board finds that such director

is incompetentj neglectful or onsuited for the work.
upon the written request of said board, the University
entucky -hall forthwith employ another dirt
chosen as herein provided. The University may

;it BUCh assistants afl may be necessary for the

of the work of the laboratories. The compel,

>r and assistants shall be paid in

tame manner as instructors, in the University of

tucky, from the funds provided in ibis act.

The director of said laboratory or laboratories,

at tiie direction Of the state board Of health, shall

and furnish such a supply of shipping and mailing
containers and other laboratory equipments and sup-
plies as may be necessary to execute the work of the
board, provided the total cost to the said station as
may | >rth m an Itemized statement to the board

shall not exceed the sum of money paid to said sta-
tion by the board as provided herein,

Emergency
laboratories
during
epidemics.

•i- :uiu
assistants
tor labora-
tories.

Shipping
and mailing
container*!,

HEALTH LAWS OF KENTUCKY

Experiment
Station.
Compensa-
tion.

Fees for ex-
amination
of food,
drugs and
labels.

Fees for
analysis of
food and
drugs found
adulterated
or mis-
branded.

The said station shall be paid the sum of eighteen
thousand dollars per annum for conducting the work
of the state board of health as herein provided, out
of the fees collected under section 2 of this act (Sec-
tion 2059 of the Kentucky Statutes) and section 3 of
this act (Section 2060 of the Kentucky Statutes) which
amount shall be exclusive of the appropriation of
seventy-five thousand dollars herein provided. And in
the event the said fees do not amount to said sum of
eighteen thousand dollars, the state board of health
shall pay the balance out of its appropriation. Said
amount of eighteen thousand dollars shall be paid in
equal monthly installments of one thousand five hun-
dred dollars by the Treasurer of this Commonwealth
to the treasurer of the said University of Kentucky
upon a warrant issued by the Auditor, who shall issue
such a warrant upon the receipt of a voucher from
the state board of health certifying to the amount
due said experiment station of the University of Ken-
tucky, as other accounts of the said board are paid.

(12.) The said board may fix reasonable fees
for the examination of samples of foods or drugs, or
labels for the same, submitted by manufacturers or
dealers, for the purpose of determining as to whether
any such products or labels comply with the pro-
visions of this law, and reasonable fees for the exam-
ination of labels and inquiry into other matters con-
nected with the enforcement of this act, and which
may be requested of said board. And, whenever a
sample has been found to be adulterated or misbranded,
the said board shall collect a fee, not to exceed fifteen
dollars, to cover the costs of investigation or analysis,
to be taxed as costs and paid by the magistrate, police
judge, or clerk of any court in which prosecution is
brought, and is in favor of the Commonwealth, to the
Auditor of Public Accounts or by the state board of
health, at civil suit, and all such fees, so collected,
shall be paid to the Auditor of Public Accounts and
set aside as a fund for the partial maintenance of the

HEALTH LAWS OF KENTUCKY

appropriation made herein, and for the further enforce-
ment of the act in the event that the fees amount to
more than the appropriation made herein.

- (13.) The said board shall analyze or cause to
ualyz.-d samples submitted by county and city
health officers, provided such samples are submitted
in accordance with the terms of the said act; and the
board shall have the right to require county and city
health officers or food and dairy inspectors to make
inspections and to collect and send samples for ex-
amination and to call upon all other county and city
officials for assistance in carrying this act into effect.
As means for further carrying out the provisions of

this act. the experts employed under the provisions of
this act shall give inst met ion. free <>f cost, to any

county or eity health officer or employe of any county
or city health department, who may reqnesl the same,
in matters pertaining to the inspection and practical

remed unsanitary conditions in the preparation,

storage and sale of foods, examination of samples, and

similar matters; and such courses of instruction at

the laboratory of the board or State University or

Normal Schools, or at the animal school for

•h officers as provided by law,

U. When any manufacturer shall offer any

article of food or drag for sale in the state, he shall

file with the state hoard of health the name of the

brand, the name of the product, the [dace of its man-
hire or pi eparation, and a true copy of all Labeling
used thereupon. Failure to so file within thirty days

shall he punk provided herein by the laws of

this ( lommonwealth.

(15.) In all prosecutions under this act, the

courts shall admit as evidence a guaranty which has

been made to the holder of the guaranty by any man-

irer or wholesaler residing in this state, to the

• that the product complained of is not adulterated
or misbranded within the provisions of this act. And
said guaranty, properly signed i»y the wholesaler,

Analyses to
be made lor
county and
eity health
officers.
Health offi-
cers may be
required to
make in-
spections
ami to col-
lect and
send in

samples.
Health offi-
cers and
other of-
ficials to re-
ceive in-
struction a
as to duties.

Manufactur-
ers to file

brands ami
labels.

r. unities.

( luarontlea

to be admit -
t.-d as evi-
dence under
certain con-
ditions.
Labeling of
food com-
pounds.

HEALTH LAWS OF KENTUCKY

jobber or manufacturer or other party residing within
this State from whom the holder of the guaranty may
have purchased the article or articles complained of,
and containing the full name and address of the party
or parties making the sale of such article to the holder
of the guaranty, and in the absence of any proof that
the article or articles complained of were adulterated
or misbranded after they had been received by the
holder of the guaranty, shall be a bar to prosecution
of the holder of such guaranty under the provisions
of this act.

(16.) Nothing in this act shall be construed to
prohibit the manufacture or sale of colored oleomar-
garine, butterine, or kindred compounds in a separate
and distinct form, and in such manner as will ad-
vise the consumer or purchaser of the real character of
the article, providing the coloring matter or in-
gredient used in coloring same is harmless, not poison-
ous and not deleterious to health.

Food estab-
lishments.
Light,
drainage,
plumbing
and ventila-
tion.

Health of
employes.

SANITATION OF FOOD ESTABLISHMENTS
Chapter 37, p. 420, Acts of 1916-

Sec. 2060b-l. That every building, room, base-
ment, inclosure or premises, occupied, used or main-
tained as a bakery, confectionery, cannery, packing
house, salughter-house, creamery, cheese factory,
restaurant, hotel, grocery, meat market, or as a factory,
shop, warehouse, any public place or manufacturing
establishment used for the preparation, manufacture,
packing, storage, sale or distribution of any food as
defined by statute, which is intended for sale, shall
be properly and adequately lighted, drained, plumbed
and ventilated, and shall be conducted with strict re-
gard to the influence of such conditions upon the health
of the operatives, employes, clerks, or other persons
therein employed, and the purity and wholesomeness
of the food therein produced, prepared, manufactured,
packed, stored, sold or distributed.

HEALTH LAWS OF KENTUCKY

2, The floors, sidewalk, ceilings, furniture, recep-
tacles, implements and machinery in every such estab-
lishmenl or place where sneh food intended for sale is
produced, prepared, manufactured, packed, stored, sold
or distributed, and all cars, trucks and vehicles used in
the transportation of such food products, shall at no
time be kept or permitted to remain in an unclean, un-
healthy or insanitary condition; and for the purpose of
this act. unclean, nnhealthfnl and insanitary conditions
shall be deemed to exist if food in the process of pro-
duction, preparation, manufacture, packing, storing,
sale, distribution or transportation is not securely pro
1 from Mies, dust, dirt, and. as far as may be neees-

Bary, by all reasonable means, from all other foreign or

injurious contamination; or if the refnsr, dirt or waste
products subject to decomposition and fermentation in
cidenl to the manufacture, preparation, packing >:<u
ing, selling, distribution or transportation of such food
are not removed daily, or if all trucks, trays. 1
buckets or other receptacles, or the chutes, platforms.

. tables, shelves, and knives, saws, cleavers or
Other utensils, or the machinery used in moving,
handling, cutting, chopping, mixing, canning or other
processes are not thoroughly cleaned daily, or if the
elothi operatives, employes, clerks or other per-

therein employed is unclean.

T idewalls and ceilings of every bakery,
confectionery, creamery, cheese factory and hotel or

irant kitchen shall be BO constructed that they

easily l"- kept clean; and every building, room,

• or Inclosure occupied or used for Qm prepar

;. manufacture, packing, si >rage, sale or distri-

•i of food shall have an impermeable floor made

of eemenl or tile Laid in cement, brick, wood or other

suitable material which can be flushed and washed

.n with water.

4. AH such factories, buildings and other places

containing I I ihall be io provided with proper

Buildinr,
furnishings,

implements,
etc., to be
kept clean.

When deem-
ed unsani-
tary.

Walls, ceil-
ings, floors,
etc., con-
struction of.

Fly screens.

HEALTH LAWS OF KENTUCKY

Toilets and
lavatories.

Certain con-
ditions de-
clared a nui-
sance.

Misde-
meanor to
maintain.

doors and screens, adequate to prevent contamination
of the product from flies.

5. Every such building, room, basement, inclosure
or premises occupied, used or maintained for the
preparation, manufacture, canning, packing, storage,
sale or distribution of such food, shall have adequate
and convenient toilet rooms, lavatory or lavatories.
The toilet room shall be separate and apart from the
room or rooms where the process of production, pre-
paration, manufacture, packing, storing, canning, sell-
ing and distributing is conducted. The floors of such,
toilet rooms shall be furnished with separate ventilat-
ing flues and pipes discharging into soil pipes, or shall
be on the outside of and well removed from the
building. Lavatories and wash rooms shall be ad-
jacent to toilet rooms, or when the toilet is outside
of the building, the wash room shall be near the
exit to the toilet and shall be supplied with soap,
running water and towels, and shall be maintained in a
sanitary condition.

6. If any such building, room, basement, inclo-
sure or premises occupied, used or maintained for
the purposes aforesaid, or if the floors, sidewalls,
ceilings, furniture, receptacles, implements, appli-
ances or machinery of any such establishment, shall
be constructed, kept, maintained or permitted to
remain in a condition contrary to any of the require-
ments or provisions of the preceding five sections of
this act, the same is hereby declared a nuisance, and
any toilet, toilet room lavatory, or wash room as afore-
said, which shall be constructed, kept, maintained or
permitted to remain in a condition contrary to the re-
quirements or provisions of section 2060b-5 of this
act, is hereby declared a nuisance ; and any car, truck
or vehicle used in the moving or transportation of
any food product as aforesaid, which shall be kept or
permitted to remain in an unclean, unhealthful or in-
sanitary condition, is hereby declared a nuisance. "Who-
ever unlawfully maintains or allows or permits to exist
a nuisance as herein defined shall be guilty of a mis-

HEALTH LAWS OF KENTUCKY

demeanor, and, on conviction thereof, shall be punished
as herein provided.

7. Every person, firm or corporation operating
or maintaining an establishment or place where
food is produced, prepared, manufactured, pack-
ed, stored, sold <>r distributed shall provide the nec-
essary cuspidors for the use of the operatives, em-
ployes, clerks and other persons, and each enspidor
shall be thoroughly emptied and washed out daily
with warn- or a disinfectant solution, and fire ounces
thereof shall be left in each cuspidor while it is in

r fails to observe the provisions of this
section shall be guilty of a misdemeanor and punished
as herein provided.

8. No operative, employe or other person shall
expec 00 the food, Or <>n the utensils, or on the

si.lrwalls of any building, room, basement

or cellar where the production, preparation, nianu-

facture, packing, Btoring or sale of any such food

inducted. Operatives, employes, clerks and all

other persona who handle the material from which

sueh food is prepared or the finished product, before
beginning work, or after visiting toilet or toilets, shall

wash their hands thoroughly in elean water. Whoever
fails to observe or violates the provisions of this sec-
tion shall be guilty of a misdemeanor and punished by
a fine of not more than twenty-five dollars.

9. It ihall he unlawful for any perSOS l" sleep

or t" allow or permit any person to sleep, in any

Work room of A bake shop, kitchen, dining room.
Ctionery, creamery, cheese factory, or any place

where food is prepared for sale, served or sold, unless

all foods therein handled are at all times in hermctical-
1 packages.
1(>. It shall he unlawful for any employer to

require, suffer <>r permit any person who is affected
with any contagious or venereal disease to work,

"i- for any person SO affected to work in a build-

ing, room, basement, inelosure, premises or vehicle

Cuspidors.
Misde-
meanor not
to maintain
properly.

Spittln*

or about
food estab-
lishments.
Kmployes to
wash hands.
Penalty for
violation.

Sleeping in
food estab-

lishments
forbidden.

Persons af-
fected with
contagious
or venereal
diseases not
to l"1 em-

ployed.

HEALTH LAWS OF KENTUCKY

Officials to
enforce law.
Power to
enter build-
ings.

Report of
violation of
law or un-
sanitary
conditions.
Order by-
health offi-
cer to abate
conditions.

Hearing on
order.

Final order.
Prosecution
for viola-
tions.

occupied or used for the production, preparation, man-
ufacture, packing, storage, sale, distribution or trans-
portation of food.

11. It shall be the duty of the officials in
charge of the enforcement of the pure food laws of
the State, and of the state board of health, and the
county and city health officers, and the duly appointed
agents of all such, to enforce the provisions of this
act, and for that purpose such officers shall have full
power at all times to enter every such building, room,
basement, inclosure or premises occupied or used or
suspected of being occupied or used for the produc-
tion, preparation or manufacture for sale, or the stor-
age, sale, distribution or transportation of such food,
to inspect the premises and all utensils, fixtures,
furniture and machinery used as aforesaid ; and if upon
inspection any such food producing or distributing
establishment, conveyance, or any employer, employe,
clerk, driver or other person is found to be violating
any of the provisions of this act, or if the production,
preparation, manufacture, packing, storage, sale, dis-
tribution or transportation of such food is being con-
ducted in a manner detrimental to the health of the
employes and operatives, or to the character or quality
of the food therein being produced, manufactured,
packed, stored, sold, distributed or conveyed, the offi-
cer or inspector making the inspection or examination
shall report such conditions and violations to the chief
pure food official, or to the state board of health, or to
the chief county or city health officer, as the case may
be. and such officer or officers shall thereupon issue
a written order to the person, firm or corporation re-
sponsible for the violation or condition aforesaid, to
abate such condition or violation or to make such
changes or improvements as may be necessary to abate
them, within such reasonable time as may be required
in which to abate them. Notice of such order
may be served by delivering a copy thereof to
said person, firm or corporation, or by sending

HEALTH LAWS OF KENTUCKY 63

a eopy thereof by registered mail, and the re-
ceipt thereof through the post office shall be
prima facie evidence thai notice of said order has been
ived. Such person, firm or corporation shall have
the right to appear In person or by attorney before
the officer issuing the notice, or the person
appointed by him for such purpose, within the time

to show why such order or instructions should not

be obeyed. Sucn hearing shall be under such rules and

liations as may be prescribed by the state board

of health. It' after such bearing it shall appear that

the provisions <>r requirements of this act have not

1 u violated, said order shall he rescinded. If it shall

appear thai the provisions or requirements of this
act are being violated, and that the person, firm <>r

corporation notified as aforesaid is responsible there-
said previoB shall be confirmed or amended,

the facts shall wan-ant. and shall thereupon be
final, hut Mich additional time as is necessary may be
I within which to comply with said final order.
[f snefa person, firm or corporation is qoI present or
represented when such final order is made, notice
thereof shall be given as above provided. On
failure of the party or parties to comply with the
tirst order within the time prescribed, when no hear-
ing is demanded, or upon failure to comply with the

final order within the time si ified by the Food Com-

loner. the facts mall he certified to the Common"
wealth's county or city attorney of the district in
which sucn violations occurred, and said attorney shall

the party or parties for the fines and

penalties provided by this act, and also for the abate-
ment of* the nuisance; provided, that the proceedings
herein prescribed for the abatement of nuisances as de-
fined in tin .all not in any manner relievo the
violator from prosecution, in the first instance for every
such violation, nor from the penalties f«>r such viola-
tion prescribed by section 2060b 12 of this act.

HEALTH LAWS OF KENTUCKY

Food adul-
terated or
injurious to
health to be
tagrged by
officers.
Penalty for
disposing:
thereof
thereafter.
Notice by
the tag-.

Petition for
order to de-
stroy the
food.

Destruction
at cost of
owner.

12. 1. Whenever any of the duly authorized
officers mentioned in section 2060b-ll shall find
any article of milk, meat or other food which is
adulterated within the meaning of this ordinance, or
any other article or substance which is detrimental
to public health, such article shall be tagged or other-
wise properly marked, giving notice that the product
is suspected of being adulterated or detrimental to
public health, and warning all persons not to remove
the same until given permission by such officer, or the
courts, and it shall be unlawful for any person or per-
sons, firm or corporation to remove or otherwise dis-
pose of same in violation of this section, and any per-
son or persons, firm or corporation doing so shall be
fined not less than ten dollars, nor more than one hun-
dred dollars, or be imprisoned not to exceed fifty days,
or both such fine and imprisonment.

2. Such tag or notice shall give notice that the
article has been quarantined. The officer shall then
petition the judge of the police court, county or circuit
court in the district in which the food is found for the
condemnation and destruction of any such product.
The owners or defenders of any such product or prop-
erty shall be given the right to a hearing, first be-
fore the officer, if they so desire, and before the court.
The notice of a hearing to be before the officer shall
also state the length of time within which such hear-
ing may be had.

3. In case the finding of the court is with the
officer the article shall be destroyed at the expense
of the owner 'of the property, or by the owner of the
property under the supervision of the officer, and in
such case all other costs shall be taxed against the
owners or defenders of the property, if such appear,
or shall be collected, if no one appear, against the
owner or agent properly ascertained.

13. Whoever violates any of the provisions
of this act, or who refuses to compl}' with any law-
ful order or requirement duly made in writing as

HEALTH LAWS OF KENTUCKY

provided in Sec. 2060b-ll of this act shall be guilty
of a misdemeanor and on conviction shall be punished
by fine of not less than ten dollars nor more than one
hundred dollars, or by imprisonment not to exceed
thirty days, or by both fine and imprisonment, and
for the second and subsequent offenses by a fine of
not less than fifty dollars nor more than two hundred
dollars or by imprisonment in the county jail for not
more than ninety days, or both, in the discretion of the
court; and each day after the expiration of the time
limit for abating insanitary conditions and com-
pleting improvements to abate such conditions, as
ordered as aforesaid, shall constitute a distinct and
separate offense.

BUREAU FOR THE PREVENTION OP

TlliKKcrLOSLS.
1. The pOWera and duties ot" the state hoard
Of health in the study and prevention of tuberculosis

shall be co-extensive frith the State, and the objects of
its bureau of tuberculosis shall be as follows:

a. Tlie study of this disease in all its forms and
relations, and to secure and disseminate information
with reference to tuberculosis, to promote and carry
on a campaign of education with reference thereto,
and in general, to purine any other activities with

enee to informing the public as to the nature of
tuberculosis, its dangers and the means whereby its
Bpread may be prevented.

b. Investigation of the prevalence Of tuberculosis

iii Kentucky, and the collecting and publishing of use-
ful information.

c. Securing of proper legislation for the relief
and prevention of tuberculofl

d. Co-operation with the public authorities, state
and local boards of health, the National Association
for the study and Prevention of Tuberculosis, medical
societies, and other organizations in approved measures

adopted for the prevention of the diset

Power* and

duties of
board.

Co-operation
with other
organiza-
tions.

HEALTH LAWS OF KENTUCKY

Local as-
sociations.

Full au-
thority
given.

e. To encourage the establishment throughout
Kentucky of local associations for the purpose of un-
dertaking in their particular localities the work pro-
posed to be carried on by this board.

f. Encouragement of adequate provision for
consumptives by the establishment of sanatoria, hos-
pitals and dispensaries.

(2.) And the3r shall have full power and au-
thority to carry out and execute all of the foregoing
purposes, and, in addition thereto, it shall be the duty
of the board to recommend to the proper authorities
suitable persons for appointment by it as members
of the boards of trustees of any sanatoria that may
be established under the provisions of this act, and it
shall further be their duty to visit at such periods as
in their discretion may be sufficient, any sanatoria
that may be established under the provisions of this
act, and to recommend to the boards of trustees of
such sanatoria any changes in management or in the
employes that they may deem necessary and proper,
and it shall be their duty, if in the opinion of such
board any board of trustees or members of such board
or employes of any sanatoria, state or county, are in-
competent or neglectful of duty to prefer charges
against such board or such member of such board or
such employes. All charges against a board of trustees
or a member thereof shall be made to the officer author-
ized to make such appointment, and, if he deem such
charges adequate and sustained, it shall be his duty
to remove such board or such member thereof, and all
charges against employes shall be made to the board
by whom employed, and, if in the opinion of said board
such charges are adequate and sustained, such board
shall at once remove such employe or employes.

It shall be the duty of the head of the bureau to
visit all sanatoria, both public and privately incorpo-
rated, at least once during each calendar year and to
report and file with their records a statement of the
condition and efficiencv of each sanatorium.

HEALTH LAWS OF KENTUCKY

(3.) That sanatoria for the treament of tuber-
culosis may be erected and maintained in and by dis-
tricts in this Commonwealth in the following manner:
A district for the erection and maintenance of a tuber-
culosis sanatorium may consist of one or more coun-
The fiscal court of any county may by resolution
declare that Mich count y shall be a district for the
erection and maintenance of a sanatorium for the
treatment of tuberculosis, and said fiscal court, upon
such resolution being passed, shall immediately take
to provide for the construction, equipment and
maintenance .,f such sanatorium. The fiscal courts of
two or more counties may by resolution duly passed

tch court, unite said counties into a district for
the purpose of establishing t lie re in a sanatorium for
the treat in. nt of tuberculosis. Upon the passage of said
ition, each court shall immediately take steps to
provide for the construction, equipment and mainte-
nance of said sanatorium, as is provided in this act.
l If the fiscal court of any county or conn-

ihall fail or refuse to establish s tuberculosis san
atorium district, as herein authorized, the citizens of
any county or of two or more counties may have such
COUnty Or counties established as a tuberculosis sana-
atorium district, as herein authorized, in the
following manner: A number equivalent to ten
per cent- of the votes cast at the last gen-
eral election of such county may file their petition with

tounty jn such county asking that the pro-

itablishing such county as a district for

ion of a sanatorium for the treatment of

tuberculosis be submitted to the rotors of said county

at tlie next general election which shall be held in
said county, provided thai such general election does
not occur within less than thirty days after the filing"
of said petition. Bach voter signing said petition shall

state his full name and address. Upon the filing of
said petition with the county judjre he shall enter an
order directing the publication in full of such petition

Sanatoria,
hospitals
and dis-
pensaries.

Authority
and duti.s
as to ap-
Ix.intment
of em-
ployes and
of manage-
ment.

To visit, in-
spect and
file reports
of sana-
toria.

HEALTH LAWS OF KENTUCKY

Provision
for refer-
endum.

Santoria.
How estab-
lished and
maintained.

in the newspaper having the largest circulation in
said county at least once a week for four consecutive
weeks next preceding such general election, and shall
further enter an order directing the clerk of the county
court to have placed upon the ballot at such election
the question, "Are you in favor of establishing a tuber-
culosis sanatorium district?" with underneath the
words, "Yes," followed by a square, and "No," fol-
lowed by a square for the placing of the stencil of the
voter. If a majority of those voting on the proposi-
tion to establish such sanatorium district vote "Yes,"
then said district shall be established. If the contrary,
then it shall not. The vote on such question shall be
canvassed and returned by the board of election com-
missioners for such general election, and such elec-
tion may be contested as provided by law for other
contested elections, by a petition filed in the circuit
court of such county by one or more qualified voters
of said county who voted "Yes" or "No" as the con-
test may be had, and to which the members of the
fiscal court of the county shall be made defendants,
together with such other qualified voters as may have
voted contrary to the contestants and desire to be
made parties to the contest.

"Where the citizens of two or more counties desire
to have such counties established into a district for the
erection of such sanatorium, not less than a number
equivalent to ten per cent, of the votes cast at the
last general election of each county shall file a peti-
tion in the county of their residence asking that such
district be established and naming the several coun-
ties to be united in the district. Such petition shall
be filed in each county of the proposed district and
the method of proceeding in each shall be the same as
hereinbefore provided for one county, except that
the same proceeding shall be taken in each county
for the general election to be held at the same time in
each county. If any one county in the proposed dis-
trict shall fail to vote "Yes" on the proposition, then

HEALTH LAWS OF KENTUCKY 59

said district cannot be established unless by a con-
test of the election in such county it should be finally
determined that such county had voted "Yes." At
the time of filing the petition or petitions, as the case
may be, the petitioners shall deposit with the county
judge a sufficient sum of money to pay the cost of
advertising hereinbefore required.

(5.) The result of any county or district election Authority of
shall be certified to the fiscal court of such county or courts,
to the fiscal COlirl of each of the counties composing

said district to he established, and said fiscal court or
courts shall, if the result of said election be certi-
fied to it or them as in favor of the establishment of
Mich district, forthwith proceed to declare such county
or counties a district for the establishment of a sana-
torium for the treatment of tuberculosis and shall pro-
i to put same into effect in the same manner as a
fiscal court or courts are authorized to do upon their
own initiative as provided in this act, and the cost

and expenses of erection and maintenance shall fall in

all manners the muh.' as provided in this act.

(6.) Where a county or counties desire to join How Papu-
an already established tuberculosis sanatorium (lis- be ^Mainert
triet they can do so hy proceeding as follow courtj fail*

The consent of the district board of trustees of act.™
the already established district shall be secured. Ap- may belled.
plication for such consent shall he made by the fiscal
court of saeh county desiring to join, provided that
such fiscal COUrt shall have already declared by reso
lution that said county shall be a t uherculosis sana-
torium district, or a part of such a district ; hut in the
event that a county shall have become a t uherculosis
sanatorium district <>r part of a district hy action of
the roten thereof, the application shall be made by
the board of trustees of the district embracing the
county desiring to join ; ami in the event that a county
shall not have become a district, or part of a district,
the application shall be made by a petition signed by
not less than twenty qualified voters of the county.

60 HEALTH LAWS OF KENTUCKY

SSS.U™ "When it is necessarv to take a vote to declare

How con-
ducted. anv county a tuberculosis sanatorium district to en-
able it to join an already established sanatorium dis-
trict the ballot shall read as follows: "Are you in
favor of declaring this county a tuberculosis sana-
torium district, for the purpose of joining the already

established tuberculosis sanatorium district of

county (or counties)," and the

result of the election shall be certified to the fiscal court
of the county wherein the election was held, and if
the result is favorable to the proposition submitted,
the said fiscal court shall immediately declare such
county a portion of the already established tuberculosis
district and certify its action to the State Board of
Health, whereupon said board of health shall deter-
mine the number of trustees to compose the board of
said district, and the representation to be accorded
each county on said board, according to the provisions
hereinafter set forth.
How two or (7.) Upon the creation of a tuberculosis district,

more coun-
ties may be the fiscal court of the county or the fiscal courts of

combined.

Result of the several counties, where there are several counties

election.

He°dW certi" H1 sucn district, shall at once notify the state board
of health of the establishment of such district, and,
thereupon, it shall be the duty of the said board of
health to recommend to the county judge, or if more
than one county, to the county judge of each county,
the appointment of suitable persons for such district
board of trustees. In a district of one county the
county judge shall appoint as members of the district
board of trustees seven persons, men and women, at
least one of whom shall be a registered physician.

Where the district consists of several counties,
the district board of trustees shall consist of not less
than two nor more than four persons from each county ;
provided, however, that no board shall consist of less
than seven persons. Where any county in such district
shall have a population in excess of 20,000, such county
shall be allowed a trustee for each 10,000 in excess

HEALTH LAWS OF KENTUCKY 61

of said 20,000 population, subject, however, to the
limitation hereinbefore set down. Said trustees shall
consist of men and women and at least one shall be a
registered physician.

The state board of health in recommending names
ti> the county judge or county judges for such appoint-
ments shall recommend twice as many names for each
county as the enmity shall be entitled to have trustees
appointed, out of which names the county judge of
each county shall immediately make his selection for
that county.

Where a county or counties shall have joined an how county
already established district the state board of health "aSatbria ai-
shall then recommend to the county judge of each uSied.68
county included in the new district double the number
of names of persona eligible to the district board as
there are tr o be appointed by such judge and

from such list the county judge shall select the trus-
tor his county. The trustees chosen shall, with
litional members as are hereinafter provided Tor in

the district contains a city or cities of the second
Class, Constitute the district hoard, which shall con-
trol and manage the sanatorium therein. The quali-
fication^. Length of terms and other details shall be
as provided in other sections of this act. The terms of
the trustees of the counties composing the previously
•inLr district shall expire immediately upon the
organization of the new board.

(7a.) Provided, however, that in any tuher- Con»«nt a*
miosis district containing i city of the second class be obtained.
two persons shall be appointed trustees on the tuber
eulosifl district board by the mayor of that city and
that in a tuberculosis district containing cities of the
second class one person shall be appointed trustee on

tuberculosis district board by the mayor of each
city, and provided, further, that each mayor shall ap-
point the trustee or trustees from a list submitted by
the .ml of Health and containing the names of

twice as many pera rach mayor shall appoint.

62 HEALTH LAWS OF KENTUCKY

The number of trustees appointed by mayor or mayors
shall be in addition to the number allotted for ap-
pointment by the county judge in any county contain-
ing a city or cities of the second class.
?anato?fafor (8-) For tfte purpose of this act such district

board of trustees and their successors in office shall
be a body corporate under the name and style of dis-
trict board of tuberculosis sanatorium trustees for

county or

counties, as the case may be, and they shall have all
the powers necessary to carry into effect the purpose
of this section of this act. Said trustees, as soon as
possible after their appointment and qualification, shall
adopt a seal, organize by electing a president and a
secretary and a treasurer to serve for two years and
until their successors are elected and qualified, but
the same person may be elected to serve both as secre-
tary and treasurer and need not be a member of the
board of trustees, and said treasurer shall give bond
to the people of the State of Kentucky for the faith-
ful performance of his duties and for the proper
handling of all of the properties, assets and moneys of
the institution that may come into his hands at any
time in such sum and in such form and with such
sureties as said district board of trustees shall ap-
prove. Said treasurer may at any time be removed
and a successor appointed by said district board of
"Irustees in its discretion. A majority of said district
board of trustees shall constitute a quorum.
Trustees to (9.) When a tuberculosis district shall have been

mates for created or enlarged bv anv of the methods herein-

maintenance ., . ., _ _ , _. . -. " .

ofjsana- above provided, and when the district board of trus-
tees shall have been appointed and qualified as here-
in above provided said district board of trustees shall
annually estimate and lay before the fiscal court of
each county in said district, the needs of such district
for the site, erection and maintenance of a tuberculosis
sanatorium equitably determining as hereinafter pro-
vided the amount to be paid by each county, and the

tona.

HEALTH LAWS OF KENTUCKY 63

fiscal court of each county shall, at the next succeeding
tax levy of said county, levy a tax in accordance with
the estimate of the district board for such purposes,
of not less than two cents and not more than eight
cents on each one hundred dollars of assessed valua-
tion of property in the county, and the sheriff shall
then collect this tax as other state and county taxes
are collected. The cost of site, initial construction and
equipment may be covered in the first year's levy and
vai,! cost shall be covered in not exceeding three year's
levy. After the cost of initial construction and equip-
ment'has been provided for by the tax levy as afore-
said, the said district board of trustees shall annually
and lay before the fiscal court of each county
in said district the needs of such district for future
construction and maintenance of said sanatorium, and
the fiscal court of each county shall in accordance
with the request of the district board levy a tax for
such purpose of not less than two cents and not more
than eight cents on each one hundred dollars of as-
ied valuation of property in the (Bounty, and the
; -iti" shall collect this tax as other state and county

•• collected.

Where two or more counties unite to form such How taxes
district, the first cost of construction of the sanatorium and Pol-
and equipment, and the cost of all betterments and
additions thereto, lhal] be paid by the counties compos-
ing: ili«' district, in proportion to the taxable prop-
erty of each county, ,-is shown by their respective
count

Whei mty or counties shall join such a dis-

trict subsequent to its establishment, there shall be
paid into the treasury of the district by each of said
counties joining a sum to be determined as follows,

vi/.: The first BOSt of const ruct ion of the sanatorium

and equipment and the cost of all betterments and

additions thereto to the date of such joining shall be
apportioned among all the counties which shall com-
mon district, after the admission of the county or

leoti <:.

HEALTH LAWS OF KENTUCKY

Annual ex-
pense of
operating:
sanatoria.

counties joining, according to the taxable property
of each county, as shown by their respective county as-
sessments ; and the amount so apportioned to each
county joining shall be the sum payable by it. Said
sum when paid into the treasury of the district board
of trustees shall be used by it for the purpose of
procuring and furnishing such additional grounds,
buildings and other equipment as may be proper and
necessary, so as to provide reasonably and equitably
for the care of patients from all the counties of the
district. s

The annual expense of maintaining the sanatorium,
to which shall be added necessary transportation ex-
penses of free patients admitted, shall be apportioned
by the district board of trustees, borne to the coun-
ties composing the district in such proportion as said
district board may determine to be reasonable and
equitable in relation to the taxable property of each
county.

Fiscal The fiscal court or courts of the county or coun-

makeSappor- t*es composing such district shall from time to time
as the taxes levied for the purposes of said sanatorium
are collected, appropriate same to the use of such
sanatorium and shall direct the county treasurer to
pay the amount of such appropriation to the secre-
tary of said sanatorium, and to take the receipt of
said secretary, countersigned by the president of said
sanatorium as his voucher therefor.

Provided, however, that in a district wherein
there is a county or counties containing a city or cities
of the second class the district board of trustees shall
annually estimate and, prior to December thirty-first,
lay before the general council or board of commis-
sioners of such city or cities the need of such district
for the site, erection and maintenance, or for improve-
ments, additions and maintenance, or for the main-
tenance of the tuberculosis sanatorium for the next
succeeding year.

HEALTH LAWS OF KENTUCKY 65

Iii order to raise Bueh portion of this money as ^JltSria.
tlie board holds to be the equitable proportion for the
city or cities for the purpose or purposes above set
out, such general council or board of commissioners
Bhall at the next succeeding levy cause to be levied and
collected a tax of not less than two cents and not
more than eight cents on each one hundred dollars 6f
property assessed tor taxation for city purposes, and
Baid levy shall be included in the annual appropriation
ordinance for that year. And where sueh portion is
asked oi a city <>r cities the district board shall ask
of the county or counties of the district only sueh por-
tion of the total -mil estimated to be accessary for the
santbrium district as the district board holds to be

the equitable proportion for Mich county or counties.

I.) When a tuberculosis district shall have
l.ccu established by any county or counties, and an

appropriation shall have been made, or a tax levied

the construe; ion of a sanatorium, the board of
trusl i district shall select a site for said

sanatorium, bu^ be finally selected,

and adopted, tfa shall be approved by the state

:-tl of health. The M district

board Of 6rU -ill be to sueh part of the district

i their Judgn lapted to the wants

of the institution and most economical to the district,

Srd being had in tin- selection to - supply,

due tcility of access, with a qualit >il suit-

able for tanning purposes, and price asked for the
land. All plans and specifications for the erection of
such sanatorium shall be submitted to the state boftrd

'i.-alth for it> approval, and. if approved by it.
such districl board of trustees shall be authorized to
proceed at once with the erection of same. i£ not ap-
proved by the state board of health, then said board
shall make sueli recommendations as to it may seem

•. ami if sueh recommendations are accepted by the

board of ITU :' the district, then it shall proceed

with the erection of ;i sanatorium in accordance with
the recommendations of the state board of health.

If. L, —3

HEALTH LAWS OF KENTUCKY

Clinics and
dispensa-
ries.

Trustees to
have author-
ity to bor-
row money.

(11.) Said board of trustees, as heretofore created,
shall have the general control of the property and af-
fairs of the sanatorium and shall take such action as
shall be necessary to carry out the purposes of this
act.

Said board shall also have power, in connection
with said sanatorium or as part thereof, to provide for,
establish, operate and maintain clinics, dispensaries,
day camps, summer camps, visiting nurses, to promote
and carry on campaigns of education, and to use such
other suitable and adequate means and methods as
may seem necessary and proper for the treatment, re-
lief and prevention of tuberculosis; and said board
may use the property, equipment and supplies of the
sanatorium for said purposes, or may co-operate with
anti-tuberculosis leagues, medical societies and organ-
izations which are engaged in carrying on such work.

(12.) The district board of trustees shall have
power to borrow money on the credit of the board in
anticipation of the revenue to be collected from the
county and city taxes levied for the tuberculosis sana-
torium district, for the fiscal half year in which the
same is borrowed, and to pledge said taxes levied for
the tuberculosis sanatorium district for the payment
of the principal and interest of said loan: provided
that the interest paid shall in no case exceed six per
cent, per annum and the principal shall in no case ex-
ced fifty per cent, of the anticipated revenue for the
fiscal half year in which the same is borrowed.

The members of the board of trustees shall receive
no compensation for their services, but they shall be
reimbursed for their actual expenses necessarily in-
curred in the performance of their duties, upon vouch-
ers duly-approved by the board of trustees, signed by
the secretary and countersigned by the president
thereof.

The district board of trustees shall appoint a med-
ical superintendent of the sanatorium who shall not be
a member of said board, who shall be a legally qualified

HEALTH LAWS OF KENTUCKY 67

physician hi good standing ; either man or woman. The
superintendent shall be a graduate in medicine and
surgery from a medical college approved by the state
board of health and of acknowledged skill in his pro-
fession, and must have had special training and ex-
perience in a hospital or sanatorium for tuberculosis.
The superintendent shall, in all matters pertaining to
the sanatorium, be under the general supervision of the
board of trustees, and may be removed by such board
at any time for cause upon written charges preferred
and after an opportunity to appear and make defense.
The board shall also have power to appoint a successor
to the superintendent, and may for good cause employ
some one to act temporarily as medical superintendent
of the sanatorium who is not possessed of all the above
mentioned qualifications, provided that such temporary
employment shall be for a term not exceeding twelve
months, and provided further that such employe shall
at no time be a member of said board.

The medical superintendent shall be the chief ex-
ecutive officer of the sanatorium. He shall have the
general superintendence of the buildings, grounds,
furniture fixtures, stock and the direction and con-
trol of all persons therein, subject to the by-laws and
regulations prescribed by the district board of trus-
tees. He or his representative shall daily ascertain the
condition of each and all the patients and prescribe
or direct their treatment. He shall cause full and fair
records of all his official acts and the entire business
and operation of the sanatorium to be kept regularly
from day to day, in the manner and to the extent pre-
bed by the by-laws; and he shall see that all the
accounts and records are fully made up, and present
the same to the board of trustees at their annual meet-
ing. It shall be the duty of the medical superintendent
to admit any member of the board of trustees, or any
member or officer of the state board of health, at any
time into every part of the sanatorium, and to exhibit
to him, or them, on demand, all books, papers, ac-

68 HEALTH LAWS OF KENTUCKY

counts and writings belonging to the sanatorium, or
pertaining to its business management, discipline, or
government. He shall make at the time of reception
of patients a record of the date of same, name, age,
residence, occupation, and such other statistics in re-
gard to every patient admitted to the sanatorium as the
by-laws may require. The medical superintendent shall
have power to appoint, with the advice and consent of
the board of trustees, whenever in their discretion it
seems necessary, an assistant physician or physicians,
each of whom shall be a legally qualified physician, a
graduate in medicine and surgery from some med-
ical college recognized as in good standing by the
state board of health and of acknowledged skill in
the medical profession. The medical superintendent
shall also have power to remove such assistant phy-
sician or physicians, with the consent of the board of
trustees. The medical superintendent shall have the
power and authority to employ any servant or em-
ployee at the sanatorium, all of whom shall be under
his direct supervision, and any of whom may be re-
moved by him at will. All moneys collected by the
medical superintendent shall .be immediately paid
over by him to the treasurer of the sanatorium, and his
receipt be taken therefor. No personal fees, charges
or pecuniary compensation of any kind shall be col-
lected by the medical superintendent or any employee
of said sanatorium, for services rendered to a patient
while a patient in said sanatorium.

(13.) No member of the board of trustees of
said sanatorium, and no employee thereof, shall be
interested directly or indirectly in any contract, or
receive any benefit directly or indirectly from any
contract made with said sanatorium.

(14.) The treasurer shall have the custody of
all moneys, bonds, notes, mortgages and other secur-
ities and obligations belonging to said sanatorium,
and moneys shall be disbursed only for the uses and
purposes of the sanatorium and in the manner pre-

HEALTH LAWS OF KENTUCKY 69

scribed by the by-laws on itemized vouchers allowed
by the board of trustees, and signed by the secretary
and countersigned by the president. He shall keep
a full and accurate account of all receipts and pay-
ments in the manner directed in the by-laws, and such
other accounts as the board of trustees shall pre-
scribe; he shall render statements of accounts of the
several books, and of the funds and other property
in his custody whenever required so to do by the
board of trustees. He shall have all accounts and rec-
ords fully made up to the last day preceding the an-
nual meeting, and present the same to the board of
trustees at its annual meeting.

(15.) There shall be a thorough visitation of
said sanatorium by two of the trustees thereof month-
ly, and by the whole board annually. On each of these
occasions a written report of the state of the institu-
tion shall he submitted to them by the superintendent

lie sanatorium. On a day to be fixed by the by-laws
of the board of trustees of each district, there shall be
held each year the regular annual meeting of the board,
at which tl intendent of the sanatorium and

the secretary and the treasurer thereof shall each sub-
mit a report of the affairs of the sanatorium in such
form as may be prescribed by the State Board of
Health, ami the secretary and treasurer shall also sub-
mit a statement of his accounts, and the reports of the
superintendent, secretary and treasurer, and the lat-
ter 's statement of accounts shall be transmitted in
duplicate by the board, with their annual report to
the state board of health.

(16.) The district board of trustees shall have
]>ow itablisb such by-laws as it may deem nec-

essary and expedient from time to time for defining the
duties of officers, assistants or employees, for fixing
the conditions of admission to the institution, support
and discharge of patients, and for conducting in a
proper manner the professional and business affairs

the sanatorium, and also to ordain and enforce a

70 HEALTH LAWS OF KENTUCKY

suitable system of rules and regulations for the internal
government, discipline and management of the sana-
torium.

(17.) No person shall be received into said sana-
torium as a free patient, unless said person shall have
been a resident of Kentucky and of said district for
at least twelve months next preceding such person's
application for admission into said sanatorium, and
no person entitled to be admitted as above shall be
received as a free patient in said sanatorium, unless
said person shall file with his or her application for
admission into said sanatorium a certificate of the coun-
ty judge of the county of which such person is a resi-
dent stating that from evidence submitted to said coun-
ty judge, he is of the opinion that such applicant is un-
able to pay for maintenance in said sanatorium. The
board of trustees of said sanatorium shall have power
to provide by rule, the character of examination to
which any applicant for admission into said sana-
torium shall submit before being admitted into said
sanatorium for the purpose of ascertaining whether or
not such applicant is suffering from tuberculosis. No
greater number of persons shall be admitted to said
institution than can be properly taken care of and
treated. As nearly as it may be done, each county of
the district shall have the right to have admitted its
proper and proportionate number of free patients,
who are unable to pay their maintenance in said sana-
torium.

(17a.) Where patients who have been, or may be
maintained in said sanatorium, have or shall acquire
estate which can be subjected to debt, the county at-
torney of such county of said patient's resident is au-
thorized and directed in every such case to sue them in
the name of said sanatorium and recover the amount
of such patient's maintenance, or so much thereof as
such estate will suffice to pay for the time such patients
shall have been kept and maintained therein, and not
otherwise paid for, and by proper proceedings sub-

HEALTH LAWS OF KENTUCKY 71

ject their estates, respectively, for the payment there-
of; and when the husband, wife or parent of any such
patient, who has been or may be supported in said
sanatorium, shall have estate sufficient for the sup-
port of such patient, in addition to the support of any
other persons who may be dependent on such husband
or pa i like manner to sue and recover from such

husband the amount of his wife's maintenance, from
such wife the amount of her husband's maintenance,

m such parent the amount of his or her child's
mainten the rate aforesaid for the time that

they shall have been respectively maintained by said
sanatorium, and the statute of limitations providing
tli«' time ill which actions for such recovery may be
instituted shall not run against recovery herein pro-
vided for until from and afl 8 at which said es-
Lequired. Such suit shall create a lis pendens
lien, and if judgment is obtained, such judgment shall

stitate a lien upon so much of the patient's estate

ibed in the i, and said county at-

torney shall be alio fee of 15 per cent, of the

unt colli rvices.

(17b.) If at any time the accommodations of the
sanatorium will permit the treatment and care of
patients in excess of the indigent patients sent by the
county or counties of the district, as hereinbefore
provided, persoi lents of this State whether re-

siding inside or outside of said district may be re-

irium when the cost of trans-
portation, support, care and maintenance is paid to
the sanatorium bj any count}', person, public health
league, or any other agency whatsoever, and when
such other requirement as may be established by the
rict board of trustees are complied with. The
iin: to be charged by said sanatorium for the care
and maintenance of such persons shall be fixed by the
disf rd of tx ore such persons shall

1"' admitted to Said sanatorium, for the purpose of

ermining whether or not they are afflicted with

72 HEALTH LAWS OF KENTUCKY

tuberculosis, they shall submit to such an examination
as the district board of trustees may by rule determine.

(17c.) The fiscal court of any county, in lieu of
providing for the erection of a district sanatorium for
tuberculosis, may contract with the district board of
trustees of any other district where such sanatorium
has been constructed for the care and treatment of its
residents of such county who are suffering from tuber-
culosis, and the fiscal court of the county in which such
patients reside shall pay to the sanatorium of the dis-
trict receiving such patients the actual cost incurred
in their care and treatment and other necessaries, and
shall also pay for their transportation, and shall pay
such further sum to such sanatorium as the board of
trustees may under proper rules and regulations pro-
vide.

(17d.) All sanatoria established under this act
shall at all reasonable times keep open for the in-
spection of the State Inspector and Examiner, all of
its records and books of accounts.

(17e.) The state board of health is hereby au-
thorized to make such rules and regulations as may
be necessary to enforce any of the provisions of this
act, such rules and regulations not being in conflict
with the powers delegated to local boards, and such
rules and regulations as may be necessary to control
the action of local boards when its members fail or
refuse to execute the provisions of this act as herein
provided.

(18.) That it being the intention of the Gen-
eral Assembly in enacting this law to enact each section
of this act separately, if any section or any proviso
contained in any section of it shall be held to be in-
valid, such fact shall not affect the remaining portion
of said act or section, it being the intention of the
legislature to enact each section and each proviso
therto separately.

(19.) That the state board of health is hereby
authorized in its co-operation with the national, State

HEALTH LAWS OF KENTUCKY

or other sanitary or philanthropic organizations, for
the preservation and protection of the health and ef-
ficiency of the people of this Commonwealth, to accept
funds from the National Congress, or any branch of
the national health service, including the army, navy
or National Red Cross, or other organizations or in-
dividuals, upon a per cent, or other basis, and to ex-
pend the same to increase the efficiency of the health
service of the state, or of any county in the state
where the fiscal court or other public or private organ-
izations shall provide a fund upon the percentage or
other basis for health work within such county; pro-
vided that all funds reeeived or expended under this
ii shall be accounted for entirely separate from
and in addition to the appropriation made for the
use of the board in this act, and that itemized state-
ments of all such expenditures shall be included in
the reports made by the board to each session of the
mbly, as required by law for other public
expenditures.

SMALLPOX AND VACCINATION.
apter 119, Kentucky Statutes, Vol. 2, p. 2345.

Sec. 4607 If any person shall wilfully or design-
edly import or bring the smallpox or any variolous
or infected matter of said disease into this Common-
wealth from any other eoimtry or place whatsoever,
or shall cause the same to be done, he shall forfeit
and pay the sum of one thousand dollars.

ec. 4608. All persons of the age of twenty-one
years and over, who have not been vaccinated, or, if
vaccinated, not successfully, shall, within three months
after this revision takes effect, procure their own vac-
eination or revaccinat ion. as the case may be.

Sec. 4609. All parents, guardians and other per-
sons having the care, custody or control of any child
or children, or who may have in their employ any
minor or minors, shall have the same vaccinated; and

Penalty for
importing
into State.

Adults to be
vaccinated.

M iiniis and
infants to
be vacci-
nator

74 HEALTH LAWS OF KENTUCKY

every parent, guardian and person that may have the
care, custody or control of any child born hereafter,
shall have said child vaccinated within twelve months
after its birth, or after it comes under his or her care,
custody or control.
ah persons gee. 4610. All persons coming into this State to

nated. abide or become citizens, who have not been vaccinated,

or who may have children under their care or control
that have not been vaccinated, shall procure the vac-
cination of themselves and said children within six
months after coming into the State,
city council Sec. 4611. The city council of every city, and the

persons to board of trustees of every town in the State, are in-
nated. vested with full power and authority to make such

ordinances, rules and regulations, with fines and
penalties attached, as will secure the vaccination of
all the inhabitants of said cities and towns, and to pro-
vide the necessary means to pay for the vaccination of
all paupers and destitute persons in same,
inmates of Sec. 4612. The superintendents of the charitable

instituitons institutions of the State shall have the inmates of said
tiary to be institutions vaccinated. The keeper of the penitentiary
shall have all the convicts in same vaccinated.

KtCTtS1?! Sec- 4613* A11 vaccination performed under this

used. article shall be with pure vaccine matter,

county Sec. 4614. That it shall be the duty of the county

appoin?ay judge of the county court of each county, whenever,

vaccinate. ° in his opinion, the necessity for such action exists, to

Fees.

call his court together, and said court shall have power
to give to some practicing physician or physicians of
the county written authority to vaccinate all persons
in the county who are unable to procure vaccination.
The physicians so appointed shall furnish to the judge
of said court a true list, under oath, of the persons
vaccinated by him, with the charges thereof, which
shall not exceed twenty-five cents for each success-
ful vaccination; and the judge shall report the same
to the court of claims for his county, and the court

HEALTH LAWS OF KENTUCKY

shall order the charges to be paid out of the county
levy.

Sec. 4615. Every person superintending a hos-
pital or other place where a patient having smallpox
is confined, shall prohibit all intercourse therewith of
ma not having had the disease, and shall, before
discharging a patient or suffering him to be removed,
take due care that his person is thoroughly cleansed,
and his clothes, such as have not been infected with
isease, under the penalty of ten dollars.
Sec. 4616. If any person who has never had small-
hall go into a house where the disease is, or as-
sociate with a person who is afflicted therewith, any
e of the peace, on due proof of the fact, may
:i to be conveyed to some house or
place in I re the disease will not spread,

tin until !1 have gone through the

r until a pi, .11 certify that he will

n be not able to pay the
f his Quitting the county shall pay the same.
Sec. 4617. If any person shall wilfully endeavor
read or propagate the smallpox he shall be sub-
ject to be indicted and fined the Bum of five hoi
be imprisoned for six months.
Sec. 4618. Any person who, having reason at

.1 with ' ase of

smallpox, shall voluntarily go upon any public high-

• any place at which people are

to collect or assemble or who shall enter

or go on boa steambo oad car or other

public & ho shall knowing-

to offend, shall be guilty of

mall be lined not

red nor more than one thou ;

Fatlents

ha\ ing:
smallpox.
Care to be
taken of.

Persons g-o-
ing- whero
smallpox Is
may be con-
fined.

for

Penalty
wilfully
spreading:

Penalty for
persons
having:
smallpox gro-
in i: in public
pl&OM*

HEALTH LAWS OF KENTUCKY

OFFENSES AGAINST THE PUBLIC HEALTH.

Selling- un-
wholesome
provisions.

Adulterating
food, drink
or medicine.

Adulterated

milk.

Selling.

Weights and

samples of
milk and
cream.

Chapter 36, Subdivision IV, p. 730, Kentucky Statutes.

Sec. 1272. If a butcher or other person shall
knowingly sell the flesh of any animal dying otherwise
than by slaughter, or slaughtered when diseased, or
shall sell the' flesh as of one animal knowing it to be
that of another species; or if a baker, brewer, dis-
tiller, or other person, knowingly sells unwholesome
bread or drink, he shall be fined not less than one
nor more than fifty dollars.

Sec. 1273. If any person adulterate for the pur-
pose of sale, anything intended for food or drink, or
any drug or medicine, with any substance injurious
to the health, he shall be confined in jail not more than
one year, or fined not exceeding five hundred dollars,
or both, and the adulterated articles, by order of the
court, shall be destroyed.

Sec. 1274. Whoever shall knowingly sell or cause
to be sold, to any person in this State, milk diluted
with water, or in any way adulterated, or milk from
which any cream has been taken, or sell milk com-
monly known as " skimmed milk," with intent to de-
fraud, or shall knowingly sell any milk, the product
of a diseased animal, or from animals fed upon "still
slop," "brewrer's slop" or "brewer's grains," or shall
knowingly use any poisonous or deleterious material
or milk from animals diseased or fed as aforesaid, in
the manufacture of butter or cheese, shall be fined in
any sum not less than twenty-five nor more than two
hundred dollars.

Sec. 1905a-46. That it shall be unlawful for any
handler of milk or cream or other person, or creamery,
or other milk plant or agent, receiving milk or cream
by weight or test, to fraudulently manipulate the
weights of milk or cream of any patron, or to take
unfair samples thereof, or to fraudulently manipulate
such samples. The hauler shall weigh the milk or cream
of each patron accurately and correctly and shall re-

HEALTH LAWS OF KENTUCKY 77

port such weights accurately and correctly to the
jtory. He- shall thoroughly mix the milk or cream
of each patron by pouring and stirring until such milk
or cream is uniform and homogeneous in richness, be-
the sample is taken from such milk or cream.
When the weighing or sampling of the milk or cream
of each patron is don.' at the creamery, shipping sta-
tion or Other factory, firm, corporation or individual
buying and paying for milk or cream ou the basis
the butter fat contained therein, the same rule shall

>ly.

'oa-47. Every person, form, company, as- Glassware
trporation rent thereof, buying and mine and

or milk or cream on the basis of amount of butter fat.
but' contained therein as determined by the

I Babcock test bottl
id accurate scales, as defined
in section IS (Sections l905a-67-1905a-59, inclusive)
of this act, and all Bah i, pipettes and

d for accuracy by the

[cultural it Station, or its

I shall 1" i indelibly marked by

: rimenl station,
•ndard

bottle, pipette or \

tnd

ricultural B ml

lawful i' . firm,

their
•:• than I 'est bottles,

(1 and

. to determine the
and paid

for on the b

C. 1905a-48. Tt shall be unlawful for any per- Unlawful
firm or corporation by himself or as the officer,
; or em] person, firm or cor-

poration, buying for milk or cream on the

inl of IV therein, to under

teat*.

HEALTH LAWS OF KENTUCKY

License for
the tester.

Lacense for
the cream-
ery.

read, overread or otherwise fraudulently manipulate
the Babcock test used for determining the per cent,
of fat in milk or cream, or to falsify the record thereof,
or to read the test at any temperature except the cor-
rect temperature, which is 135 degrees to 140 degrees
Fahrenheit, or to pay on the basis of any measure-
ment or weight except the true measurement or
weight, which is 17.6 cubic centimeters for
milk and 9 grams for cream. This section further pro-
vides that in all tests the cream shall be weighed into
the test bottles.

Sec. 1905a-49. Every creamory, shipping station
or other factory, or person, or agent, receiving, buying
and paying for milk or cream on the basis of the
amount of butter fat contained therein shall have in
its employ a licensed tester who shall supervise and be
responsible for the operation of the Babcock test of
milk and cream. The license shall be issued to such per-
son by the Kentucky Agricultural Experiment Station
upon presentation by the applicant of a certificate of
proficiency properly filled out and signed by the chair-
man of the examining board and upon payment of a
license fee as provided in section 7. This license shall
be valid for the term of one year and shall be revoked
by the said Kentucky Agricultural Experiment Station
upon recommendation of the examining board if the
licensee has failed to comply with the rules and reg-
ulations under which the license was granted.

Everj- creamery, shipping station, milk factory,
cheese factory, ice cream factory, or milk condensery,
or person or agent, firm, company, association, or cor-
poration receiving, buying and paying for milk or
cream on the basis of the butter fat contained therein,
shall be required to hold a license. The license shall
be issued to such creamery, shipping station, milk
factory, condensery, ice cream factory, cheese factory,
or person, or agent, firm, company, association or cor-
poration by the Kentucky Agricultural Experiment
Station, upon complying with the provisions of sec-

HEALTH LAWS OF KENTUCKY 79

tions 1 to 4, inclusive, of this act, and upon payment
of a license fee as provided in section 1905a-52. This
license shall be valid for the term of one year, but
shall be revoked by the said Kentucky Agricultural
Experiment Station if the licensee fails to comply with
the rules under which the license was granted.

Sec. 1905a-54. It shall be the duty of every pros- Prosecuting
ecuting attorney to whom the Kentucky Agricultural Duties!y"
Experiment Station shall report any violation of the
provisions of this act to cause proceedings to be com-
menced against the person or persons so violating the
provisions of this act, and to prosecute the same to
final termination, according to the laws of the State
ntucky.

Sec. 1905a-55. Any employe of a firm, company, Penalties,
association, corporation or person, buying and paying
for milk or cream on the basis of the amount of butter
fat it contains, violating any of the provisions of this .
act, shall be deemed guilty of a misdemeanor, and
upon conviction thereof ihall be fined not less than
$25.00 nor more than $500.00, or be imprisoned in the m
county jail for not less than GO days nor more than
12 months, or both. Any firm, company, association,
corporation or person, buying or paying for milk or
cream on the basis of the amount of butter fat con-
tained therein, violating any of the provisions of this
act, shall be iruilty of a misdemeanor, and upon con-
viction thereof shall l>c fined in the sum of $100.00
for the fart offense, and in the sum of not less than
1100.00 nor more than $1,000.00 for each subsequent

1275, Anv person who shall manufacture or Adulterated

1 # candles and

knowingly vend any candies or sweetmeats containing ™*etl~

poisonous or noxious ingredients shall, for each offense, selling-.

lined not less than fifty nor more than one hundred
dollars.

Sec. 1278. If any person shall cast or place the ££{£i,n*

carcass of any cattle, or that of any other dead beast, ^[JJ or

in any water course or within twenty five yards thereof, pond*

HEALTH LAWS OP KENTUCKY

Manufac-
tured honey.
Sale of as
bee honey.

Vinegar.
Label shovv-
ini,' compo-
nent ma-
terial.
Selling
without
label.

Butter and
lard.

Sale of im-
pure article.
Brand.

or shall cast the same into any pond, such person, for
every such offense, shall be fined for the first offense
not less than five nor more than twenty dollars, and
every subsequent offense not less than twenty nor more
than one hundred dollars.

Sec. 1281. Any person who shall sell or cause to
be sold any manufactured honey, unless such honey is
so represented and designated as manufactured honey,
shall, for the first offense, be fined in any sum not
less than ten nor more than one hundred dollars, and
for each repeated offense shall be fined not less than
fifty nor more than two hundred and fifty dollars. Any
person who shall sell, or cause to be sold, any such man-
ufactured honey which contains any substance injuri-
ous to health, shall, for the first offense, be fined in any
sum not less than ten nor more than one hundred dol-
lars, and for each repeated offense shall be fined not
less than fifty nor more than two hundred and fifty
dollars ; and such adulterated articles, by order of the
court, shall be destroyed.

Sec. 1282. All barrels, kegs or packages in which
vinegar is placed and offered for sale in this Com-
monwealth shall be so labeled, branded or marked as
to describe the process of manufacture of the con-
tents, and shall, on the said label, brand or mark on
the outside of said barrel, keg or package, state from
what material the vinegar in said barrel, keg or pack-
age is made ; whether from fruit by natural fermenta-
tion, or from malt, grain or acid. Any person selling
or offering for sale, in this Commonwealth, any vine-
gar not so marked and described, or if the vinegar sold,
or offered for sale, does not correspond, and is not
as represented by the label, mark or brand on the
barrel, keg or package, shall be fined not less than
twenty-five nor more than one hundred dollars.

Sec. 1283. No person shall sell, supply, or offer
for sale or exchange any oleaginous substance, or any
compound of the same, as butter, other than that pro-
duced from unadulterated milk, or cream of the same,

HEALTH LAWS OF KENTUCKY

or any substance as lard, other than that produced
from the fat of healthy, sound hogs, unless the same,
and the packages, casks or vessels containing the same,
shall he marked so as to plainly show to the purchase!
and establish the true character thereof, and dis-
tinguish it from the genuine butter or lard. And any
person violating any of the provisions of this section
shall he lined not less than twenty nor more than one
thousand dollars.

Sec. 1283a. That it shall hereafter he unlawful
in this State for any packer or dealer in preserved or
canned fruits and vegetables or other articles of food,
to offer such canned articles for sale after duly 1, one
thousand eight hundred and ninety-six. with the ex-
ception of goods brought from foreign countries or
packed prior to the passage of this act, unless such
articles bear a mark to indicate the grade or quality,
tier with the name and address of such firm, per-
r corporation that packs the same or dealer who
sells the same.

2. That all soaked goods, or goods put up from
products dried before canning, shall he plainly mark-
ed by an adhesive label having on its face the Word
"soaked" in letters ool less in size than two-line

pies Of solid and legible type; and all cans, jugs or

other packages, containing maple syrup or molasses,
shall be plainly marked by an adhesive label, having

On its face tl end address of the person, firm

irporation who made or prepared the same, t<>-
>• with the name and quality of the goods, in let-

provided in this section.

3. Any person, firm or corporation who shall

falsely stamp or label such earn or jars containing

Or food of any kind, or knowingly per-
mit such false stamping or labeling, and any person,

firm or COrporaitOn who shall violate any of the pro-
visions of this act shall he deemed guilty of a mis-
demeanor and punished with a fine of not less than
fifty dollars, in the ease of the vendors, and in the

Penalty.

i 'aimed
fruits and
vegetables.
Fraud in.

Soaked

goods.
Maid.-

syrup.

Pais.- label'

lngr.

Penalties.

HEALTH LAWS OF KENTUCKY

case of manufacturers and those falsely fraudulently
stamping or labeling such cans or jars, a fine of not
less than five hundred dollars nor more than one
thousand dollars and it shall be the duty of any
board of health in this State, cognizant of any viola-
tion of this act, to prosecute any persons, firm or
corporation which it has reason to believe has vio-
lated any of the provisions of this act. (This section
is an act that took effect March 21, 1896; the num-
bers of the subsections are the same as the numbers
of the sections of the act.)

Erection or
maintenance
of place of
prostitution
or lewdness
a nuisance.
Shall be en-
joined.

Action by
Common-
wealth on
relation of
attorney or
citizen.
Temporary
injunction.
Notice.
Effect of
order.

PROSTITUTION AND LEWDNESS— ABATEMENT
OF AS NUISANCE.

Capter 61, p. 184, Acts of 1918.

Sec. 3941m-l. That whoever shall erect, establish,
continue, maintain, use, occupy, lease or sublease any
building, erection or place used for the purpose of
lewdness, assignation or prostitution in the Common-
wealth of Kentucky shall be guilty of a nuisance, and
the .building, erection or place and the ground itself
in or upon which such lewdness, assignation or prosti-
tution is conducted, permitted or carried on, continued
or exists, and the furniture, fixtures and musical in-
struments therein and all other contents thereof are
declared a nuisance and shall be enjoined and abated
as hereinafter provided.

Sec. 3941m-2. That whenever a nuisance is kept,
maintained or exists as defined in this act, the Com-
monwealth attorney or county attorney, or any citizen
of the county wherein such nuisance exists, may main-
tain an action in equity in the name of the Common-
wealth of Kentucky, upon the relation of such attorney
or citizen, to perpetually enjoin said nuisance, the per-
son or persons conducting or maintaining the same and
the owner or agent of the building or ground
upon which nuisance exists. In such action the

HEALTH LAWS OF KENTUCKY

court, or a judge in vacation, shall, upon the
presentation of a petition therefor alleging that
the nuisance complained of exists, grant a
temporary injunction without bond, if the existence
of such nuisance complained of be made to appear to
the satisfaction of the court or judge by evidence in
the form of affidavit, depositions, oral testimony or
Otherwise, as the complainant may elect. Three days*
notice, in writing shall be given the defendant of the
hearing of the application. When an injunction lias
been granted it shall be binding on the defendant
throughout the Commonwealth of Kentucky, and any
violation of the provi ;" injunction herein pro-

vided shall be a contempt as hereinafter provided.

In iucs action evidence of the general
reputation of the place shall be admissible for the
purpose of proving the existence of said nuisance.
[f the complaint is tiled by a citizen, it shall not be
dismifi eept upon a sworn statement made by

the complainant and his attorney, letting forth the

rcaso m should he dismissed, and the

dismi red by the Commonwealth or county

aey in writing or in open court. If the court is

of the opinion that the action ought not to be dis-

i\ direct the ( ommonwealth or county

m y to prosecute said action to judgment; and if

the action is continued more thai rm of court.

any citi/.-n may he .substituted for the complaining

, action to judgment. If the
i ia brought by aciti I the court finds there

liable ground or cause for said action, the
:ed to such citizen.

4. That in case of the violation of any injunc-

: »ns of this act, the

courl or, in vacation, a judge thereof, may summarily

the offender. The proceedings shall

be CO lling with I lu* clerk of the court

lavit, setting out the alleged fa ititut-

Evidence of

i al
reputation.
Dismissal

of action.

Violation of
Injunction.
Arrest of
lant.
Trial.
Punish-
ment.

HEALTH LAWS OF KENTUCKY

Order of
abatement.
Removal
and sale of
furniture
and fix-
tures.
Closing- of
building for
one year.
Use of
building
ordei-ed
closed,
penalty for.

ing such violation, upon which the court or judge
shall cause an order of arrest to issue, under which
the defendant shall be arrested. The trial may be had
upon affidavits, or either party may at any stage of
the proceedings demand the production and oral ex-
amination of the witnesses. A party found guilty of
contempt, under the provisions of this action, shall be
punished by a fine of not less than $200 nor more than
$1,000, or by imprisonment in the county jail not less
than three nor more than six months, or by both fine
and imprisonment.

5. That if the existence of the nuisance be estab-
lished in an action provided in this act, an order of
abatement shall be entered as a part of the judgment
in the case, which order shall direct the removal
from the building or place of all fixtures, furniture,
musical instruments or movable property used in
conducting the nuisance, and shall order the sale
thereof in the manner provided for the sale of
chattels under execution, and the effectual closing of
the building or place against its use for any purpose,
and so keeping it closed for a period of one year, un-
less sooner released. If any person shall break, enter
or use a building, erection or place so directed to be
closed he shall be punished as for contempt, as pro-
vided in the preceding action. The sheriff shall be
allowed for sales hereunder the same fees as allowed
for sales under execution. For all other services here-
under, the sheriff shall be allowed a reasonable fee
by the court, to be taxed as a part of the costs in the
action ; provided, that no injunction shall issue against
an owner, nor shall an order be entered requiring that
any building or apartment or any place be closed or
kept closed if it appears that such owner and his agent
have in good faith endeavored to prevent such nuis-
ance. Nothing in this act contained shall authorize
any relief respecting any other apartment than that
in which such a nuisance exists.

HEALTH LAWS OF KENTUCKY

6. That the proceeds of the sale of the personal
property, as provided in the preceding section, shall be
applied in the payment of the costs of the action and
abatement and the balance, if any. shall be paid to the
defendant.

7. That if the owner, agent or lessee of any
building, erection, place or ground against which an
injunction has been issued, appears and pays all costs
of tl id filed a bond, with surety to
he approved by tin1 clerk, qualified as required by
section 684 of the Civil Court of Practice, in the full
value of the pro: be ascertained by the court,
or. in vacation, by the judge thereof, conditioned that

diately abate said nuisance and preverft

tlished or kepi within a period

of 6ne year thereafter, the court, or, in vacation, by

judge, may, it Batisfied of his good faith, order

the pi which had been closed under the order

• t«> in' released to said owner and said

l«d so far as the same i:i;:y

be given and
therein paid judgment and order of abate-

il be thereb; \ to said

the property under the pro-
Mi shall not release it from any
'. lien or liability to which it may be otherwise
subject by law.

s. That wherever a permanent injunction issues

maintaining a nuisance as

I any owner or agenl of the

built' prohibited by

this . of under

•ii" COUrl shall allow
to the at -'or tin* plaintiff a reasonable fee,

which shall b .it of the cost of the ac-

•

Thai the Commonwealth attorney or county
attorney, or other attorney representing the plaintiff
in any proceeding under this statute, may, with the

Disposition
of proceeds
of sale.

Defendant
may give
bond and
secure re-
lease of
premises,
when.
Abatement
of action.

Costs.

■ illowed
plaintiff's

attorn

Immunity
of witness

for plain-
tiff.

gfi

HEALTH LAWS OF KENTUCKY

Costs a lien
on realty.
Satisfaction
of.

Common-
wealth's or
county at-
torney to
proceed
against
persons
convicted of
keeping- dis-
orderly
house.

Ciri/en may
institute
action.
Judgment
of convic-
tion author-
izes injunc-
tion.

approval of the court, grant immunity from prosecu-
tion to any witness who shall tsstify for plaintiff.

10. That the costs of the action provided for
hereunder shall constitute a lien upon any ground
and improvements involved in the case, and the judg-
ment shall provide for the enforcement thereof, but
any personal property seized as herein provided shall
be first sold and the proceeds applied to the payment
of such costs before said ground or improvements shall
be sold.

11. If any person be convicted in any court of
this State of keeping or maintaining a bawdy or
disorderly house or house of ill fame or house of
Assignation, the county attorney or prosecuting at-
torney of such court in which such conviction shall
have occurred shall, or any citizen of the State may,
institute injunction proceedings against such person
in a court of equity, as provided in this act, and the
said judgment of conviction shall be warrant for the
court of equity issuing an injunction as provided there-
in against said person and the property unlawfully
used as provided herein.

VENEREAL ADVERTISING LAW

Advertise-
ment relat-
ing- to cer-
tain dis.
eases pro-
hibited.

Whoever publishes, delivers, distributes or causes
to be published, delivered or distributed in a news-
paper or otherwise an advertisement containing a
statement, description or discussion of or concerning
a venereal disease or a disease, infirmity or condition
of the sexual organs caused by sexual vice or referring
to a person or persons who may or will treat or give
advice concerning the same or to an office or place
where such disease, infirmity or condition may or will
eated or where advice may or will be given con-
cerning the same, shall be punished by imprisonment
for not more than six months or by a fine of not less
than fifty dollars nor more than five hundred dollars,

HEALTH LAWS OF KENTUCKY t7

or by both such fine and imprisonment. Provided,
however, that this section shall not be construed to ap-
ply to didactic or scientific treatises on sex conditions,
diseases or infirmities which do not advertise or call
attention to any person or persons who will treat or
ise concerning the same, nor to any office or place
where the same may be treated or where advice will
be given concerning the same, other than a person or
an office or a place affiliated with a licensed hospital
01 dispensary or the State or county board of health
of the State of Kentucky.

THE LAW FOR THE PREVENTION OF
BLINDNESS.

<i2b, Keutiu : tes, Vol. 1, p. 1084.

Sec. 2062b. 1. That it shall be the duty of the JJJ^JJJJi-
county board of health of each county, acting in co- JJ1^^ of
operation with the county medical society and state instruction,
board of ?e for an annual course of

traction or school for the physicians, midwives and
nura ich count; icn the importance, and the

best methods for the early recognition and
nt of, the dangers I ad the precautions

to b ition and contagion to all

who n contact with cases of trachoma and

p any other <>f the new

born, or with any towel, utensil or other thing used

rtance and imperative
i ting all cases of such diseases to
county or city I <s may be, and

of keeping a trui I of all inch cases.

shall be the duty of the state board Bulletins of

r . i i , , . • Information.

of health to secure the CO-O] i and assistance or

the national health authorities in dealing with these

. and 1" prepare ami issue bullet ins or other
literature <• ional and popular informa-

to the prevalence and infectious character of

HEALTH LAWS OF KENTUCKY

Must be
reported.

Penalties.

such eye diseases, and the precautions to be used
against such infections; and to furnish formulae and
other information for the use of physicians and mid-
wives in the management and treatment of such dis-
eases. It shall be the duty of the county boards of
health to furnish to physicians and midwives the sim-
ple drugs to be used for the indigent in preventing
and in treating -such diseases.

3. That it shall be the duty of every physician
and of every midwife, who, while in attendance upon
a baby under thirty days old or upon its mother, has
observed ophthalmia in the new-born baby, and the
duty of the head of a family and of a trained nurse
in a family in which there is a baby under thirty days
old and no physician or midwife in attendance, and the
duty of the trained nurse and of the head of any in-
stitution in which there is a baby under thirty days
old and no physician or midwife in attendance upon
it or its mother, to report the case of opthalmia in the
new-born within six hours after observing it to the
city board of health, if the case shall have occurred in
a city then having a city board of health, or if there be
no city board of health, or if the case shall have
occurred outside a city, to the county board of health
within twenty-four hours after observation. And it
shall be the duty of every physician to report each
case of trachoma so diagnosed by him as attending or
examining physician within five days after such
diagnosis. And any physician, midwife, nurse, or head
of family who fails to make the report required by
this act, shall upon conviction, be fined not more than
one hundred dollars ; and presistent failure or refusal
on the part of a physician, midwife or nurse to make
such report or to take the necessary precautions to
prevent the spread of such diseases shall be a proper
ground for the revocation of the right to practice,
after due notice and hearing, as now provided by law
for the revocation of certificates to practice medicine
in this Commonwealth.

HEALTH LAWS OF KENTUCKY 89

4. That "Ophthalmia in the New-Bora" shall be Definitions,
understood to be "any inflammation, swelling and
redness of either eye, or of both eyes, either apart
from or together with any unnatural discharge from
the eye, or eyes, of a baby."

FALSE OB FRAUDULENT ADVERTISING,

( hapter 147, p. 648, Acts of 1918.

e. 1376f. Any person, firm, corporation or as- Untrue, ^de-
sociation who. with intent to sell or in anywise dis- misleading

* ( statements

pose of merchandise, securities, service, or anything ia,;lv.1^!tbi1siJ.
offered by such person, firm, corporation or associa- gjgjjj^ for
•ion. directly or indirectly! to the public for sale or matta*
distribution, or with intent to increase the consump-
tion thereof or to induce the public in any manner

enter into any obligation relating therto, or to ac-
quire title thereto, or any interest therein, makes, pub-
lishes, disseminates, eireulates, or places before the
public, or causes, directly or indirectly, to be made,
published, disseminated, circulated or placed before
the public in this State, in a newspaper or other pub-
lication or in the form of a book, notice, handbill.

• ••!•. bill, circular, pamphet, or letter, or in any other
way, an advertisement of any sort regarding mer-
chandise, securities, service or anything so offered to

the public, which advertisement contains any asser-
tion. v>: 'ion Or statement of fact which is un-
true, deceptive or misleading, shall be guilty of a mis-
demeanor, and. upon conviction, shall be fined in any
sum no! ling one hundred dollars, or imprison-
ment in the county jail not exceeding ninety days, or

both so lined and imprisoned ffi the discretion of the

Jury.

1. That it shall be unlawful for any person, ,M.;,llay

firm, association, corporation or advertising agency, Jfrtion'in11"
either directly or indirectly, to display or exhibit to SJptri or

th" public in any manner whatever, whether by hand- gtU/n£.any
bill, placard, poster, picture, film, or otherwise; JJJJJStfjJ?

HEALTH LAWS OP KENTUCKY*

ment or
statement
for pur-
poses of de-
ception.

Penalty for
violations.
Liability of
corporate
officers.

Advertise-
ment re-
lating- to
certain dis-
eases pro-
hibited.

or to insert or cause to be inserted in any newspaper,
magazine or other publication; or to issue, exhibit or
in any way distribute or disseminate to the public ; or
to deliver, exhibit, mail or send to any person, firm,
association or corporation any false, untrue or mis-
leading statement, representation or advertisement
with intent to sell, barter or exchange any goods, wares
or merchandise or anything of value; or to deceive,
mislead or induce any person, firm, association or cor-
poration to purchase, discount or in any way invest in
or accept as collateral security any bonds, bill, share
of stock, note, warehouse receipt or any security; or
with the purpose to deceive, mislead, or induce any
person, firm, association or corporation to purchase,
make any loan upon or invest in any property of any
kind; or use any of the aforesaid methods with the
intent or purpose to deceive, mislead or induce any
other person, firm or corporation for a valuable con-
sideration to employ the services of any person, firm,
association or corporation so advertising such serv-
ices.

2. That any person, firm, or association violat-
ing any of the provisions of this act shall, upon con-
viction thereof, be punished by a fine of not more
than $500 or by imprisonment of not more than sixty
days, or by both fine and imprisonment, in the dis-
cretion of the co art. A corporation convicted of an
offense under the provisions of this act shall be fined
not more than $500, and its president or such other
officials as may be responsible for the conduct and
management thereof shall be imprisoned not more than
sixty days, in the discretion of the court. (Id., Sec. 2.)

Sec. 1376. Whoever publishes, delivers, distri-
butes or causes to be published, delivered or distri-
buted in a newspaper or otherwise an advertisement
containing a statement, description or discussion of
or concerning a venereal disease or a disease, infirmity
or condition of the sexual organs caused by sexual
vice, or referring to a person or persons as having

HEALTH LAWS OF KENTUCKY

Buffered from such a disease, infirmity or condition;
which advertisement shall call attention to a medicine,
article or preparation that may be used therefor, or
to a person or persons who may or will treat or give
ee concerning the same, or to an office or place
re such di infirmity or condition may or will

be treated, or wh ice may or will be given con-

corning the same, shall be punished by imprisonment
for not more than six months or h\ a fine of not less
than fiiY. \ nor more than five hundred dollars,

both such fine and imprisonment; provided, how-
* this section shall not be construed to ap-
ply to didaetie or ic treatises on sex conditions,
ises or in bich do not advertise or call
person or persons who will treat or
e concerning the same, nor to any office or |

de may be treated or where advice will

be given concerning the - her than a person or

an office or a place affiliated with a licensed hospital

or dis] State or county board of health

^tate of Kentucky.

2, Aj iting an. ion of I

'My of a mi- shall be

lollars ($20.00) nor more

one hundred dollars, or imi I in the

county jail for no y nor more than sixty

or be both so fined and imprisoned. Upon
convic Idden article shall be confis-

I by and become fi rty of the Common-

wealth, and each day any provision of this act is vio-

eparate offei

Any police officer oi by

auth -unmanly I i any person violat-

,ny of tl ions of this SCt, and if thVpreS-

of any I on or about the

itrol of such
alien. h such premises for the purpose

of ascertaining whet] h forbidden article is

in tlm possession of or un< eontrol of such alien.

ivnnlty for
violation.
SeparaU
offenses.

92 HEALTH LAWS OF KENTUCKY

THE ABORTION LAW.

Abortion. ^^ m9a ± ^ ^jj bg unlawful for any per.

son to prescribe or administer to any pregnant woman,
or to any woman whom he has reason to believe
pregnant, at any time during the period of gestation,
any drug, medicine, or substance, whatsoever, with the
intent thereby to procure the miscarriage of such
woman, or with like intent, to use any instrument or
means whatsoever, unless such miscarriage is neces-
sary to preserve life ; and any person so offending shall
be punished by a fine not less than five hundred nor
Penalty. more than one thousand dollars, and imprisoned in
the State prison for not less than one nor more than
ten years.

2. If by reason of any of the acts described in
section one hereof, the miscarriage of such woman
is procured, and she does miscarry, causing the death
of the unborn child whether before or after quicken-
ing time, the person so offending shall be guilty of a
felony, and confined in the penitentiary for not less
than two, nor more than twenty-one years.

3. If by reason of the commission of any of the
acts described in section 1 hereof, the woman to whom
such drug or substance has been administered, or upon
whom such instrument has been used, shall die, the
person offending shall be punished as now prescribed
by law, for the offense of murder or manslaughter, as
the facts may justify.

woman not 4. The consent of the woman to the perform-

accomplice. . .

ance of the operation or the administering of the med-
icines or substances, referred to, shall be no defense
and she shall be a competent witness in any prosecu-
tion under this act, and for that purpose she shall not
be considered an accomplice.

HEALTH LAWS OF KENTUCKY 93

AXTI-XARCOTIC LAW.

Chapter 93b, Sec. 3766c\ Kentucky Statutes, p. 1949.

Sec. 3766c. Opium or its alkaloidal salts or their ff8^}0*1

or any admixture containing opium or its

alkaloidal salts or their derivatives, shall be sold or

dispensed only by a registered pharmacist upon the

original written, dated and signed prescription of a

\\y licensed physician, or dentist or veterinary

and only one sale shall be made on said pre-

iption, and each sueh prescription shall state upon

the quantity of said opium, its alkaloidal salts

heir derivatives, also the name of the patient and

e said prescription is filed. And opium or its

alkaloidal salts or their derivatives, Or any admixtures Definitions,
containing opium or its alkaloidal salts or their deriva-
tives, shall be sold at wholesale only to registered
pharmacists, legally qualified physicians, dentists and
erinary surgeons: Provided, however, that any
pre] 'iit. proprietary or otherwise, eontain-

i'jn do1 more than two grains of opium or one-fourth

i grain of its alkaloidal salts or their derivatiw
admixture of ipecac and opium, com-
monly known as Dover's Powder, or the anti-spas-
lic mixtures of the National Formulary official at
the time <>t* sale, or lotions, liniments, suppositories,

plainly labeled "For External

may be sold or dispensed by registered
pharmacists without any pr u. Any registered

pharmacist, legally licensed physician, dentist, or
or any person not a registered
pharmacist, licensed physician, dentist or veterinary
surgeon, who shall prescribe for, procure for, or sell,
or dispense to any person opium or its alkaloidal salts
or their derivatives, or any admixture containing
opium or its alkaloidal salts or their derivatives, or
srwise deal in the same for any purpose Other than

rein provided, shall there-
by render himself amenable to the penalties as in this

HEALTH LAWS OF KENTUCKY

section provided. And provided, further, that the pro-
visions of this section shall not apply to the sales made
by wholesale druggists to each other or to registered
pharmacists or to legally licensed physicians, dentists,
or veterinary surgeons, or to hospitals, sanatoriums,
colleges, public and scientific institutions, nor to sales
made to manufacturers of proprietary or pharma-
ceutical preparations for use in the manufacture of
such preparations, nor to the sale at wholesale to gen-
eral merchants or at retail by general merchants of
patent or proprietary medicines containing not more
than two grains of opium or one-fourth grain of mor-
phine or one-fourth grain of heroin or three-fourths
grains of codeine in one ounce. Any person failing to
comply with the requirements of this section shall be
deemed guilty of a misdemeanor, and upon conviction
shall pay a fine of not less than twenty or more than
one hundred dollars.

Drinking
cups in
public
places.

Penalty.

PUBLIC DRINKING CUP LAW.

Sec. 1376e. The use of the common drinking cup
on railroad trains and in railroad stations, public
hotels, boarding houses, restaurants, or steamboats, in
stores or other publicly frequented places in Kentucky
is hereby prohibited. No person or corporation in
charge of the aforesaid places and no person or cor-
poration shall permit on said railroad train in railroad
stations, public hotels, boarding houses, restaurants,
steamboats, stores, or any publicly frequented place
in Kentucky, the use of the drinking cup in common.
There must also be posted in a conspicuous place, by
the individual or corporation, by the drinking water
contained in any of the places mentioned in foregoing
paragraphs, a warning cardboard, with the above
printed thereon in large letter, so they can be easily
read. Any person or corporation violating the pro-
vision of this act shall, upon conviction, be fined in
any sum not less than one dollar, and not more than

HEALTH LAWS OF KENTUCKY

ten dollars, and each day's violation of any of the pro-
visions of this act shall be considered a separate of-
fense, punishable by fine in the amount named above.

LAW AGAINST DIVISION OF FEES.
Carroll's Statutes, Vol. 3, 1918, p. 565.

Sec. 2618a-l. That hereafter any physician,
surgeon or any other person who carries, sends or is
in any manner instrumental or aids and abets in caus-
ing a patient to go to another physician or surgeon
for surgical operation or advice as to or the treatment
of physical or mental disease, injury or ailment, and
receives therefor from such other physician or surgeon
any mon< or other thing of value for having

Furnished such patient or -who has any agreement or
understanding with such physician or surgeon to re-
therefor any money, gift or other thmg <>f value
r from rack physician or surgeon, without
the knowledge and consent of the patient previously
obtained, shall be guilty Of selling the patient, within
the meaning of this act.

Any physician, Burgeon or other person who
shall vi- etion 2618a-l of this act shall be

guilty of a misdemeanor and lined not less than
dollars nor more than one hundred dollars for each
often

3. That hereafter any physician, surgeon or any
other person who knowingly receives any patient so
carrii or caused to go to him for any surgical

operation or advice as to or treatment of any physical
or menial disease, injury or ailment, and such phy-
sician on or other person pays any money.
or thing of value or promises any compensa-
tion whatsoever therefor to such physician, surgeon
or other person so sending or carrying or aiding
and abetting in getting such patient to him, without
the knowledge or consent of the patient previously

Division of
fees with-
out consent
Of patient.
Guilty of
selling the
potent,
when.

Penalty for
Belling

patient.

Ion of
fees with-
out consent

i lent
ruilty of
lmvinsr
patient;
when.

HEALTH LAWS OF KENTUCKY

Penalty for
buying-
patient.
Forfeiture
of license.

Seller not
the accom-
plice of the
buyer.

Seller com-
pelled to
tesitfy.
Privileged
from prose-
cution in
such event.

obtained, shall be guilty of buying' the patient within
the meaning cf this act.

4. That any person who buys a patient within
the meaning of section 2618a-3 of this act shall be
guilty of a misdemeanor and upon conviction shall
be fined not less than fifty dollars nor more than one
hundred dollars for each offense, and if he be a phy-
sician or surgeon shall, upon conviction of a second
offense, forfeit his license to practice medicine and
surgery in this Commonwealth; the court trying the
case shall, upon conviction for the second offense, de-
clare, as a part of the judgment entered upon the
record of the court Irying the case, that the license
of such phj'sician or surgeon to practice medicine or
surgery in this Commonwealth be canceled, and the
license so canceled shall never be renewred in this Com-
monwealth.

5. The person selling the patient and guilty
of the offense under section 2618a-l of this act
shall not be deemed an accomplice of the physician,
surgeon or other person wTho buys such patient, as pro-
vided in section 2618a-3 thereof, and may be com-
pelled, as a witness, to disclose all the facts relative
to such selling of the patient by him and the purchase
thereof by the physician or other person under sec-
tion 2 hereof, but no such testimony given shall be used
in any prosecution against the person so testifying,
and he shall stand discharged of any act so disclosed
by his testimony.

Bureau of

Vital

Statistics.

THE VITAL STATISTICS LAW.

Section 2062a, Kentucky Statutes, Vol. 1, p. 1074.

Sec. 2062a. 1. That it shall be the duty of the
State Board of Health to have charge of the State
system of registration of births and deaths; to pre-
pare the necessary methods, forms and blanks for ob-
taining and preserving such records and to insure the
faithful registration of the same, in towns, cities, coun-

HEALTH LAWS OF KENTUCKY

ties, and in the Bureau of Vital Statistics. The said
board shall be charged with the uniform and thor-
ough enforcement of the law throughout the State,
and shall, from time to time, recommend any additional
forms and amendments that may be necessary for
this purpose.

2. That the state board of health shall have
general supervision over the Bureau of Vital Sta-
ts, which ifl hereby authorized to be established by
said board, and which shall be under the immediate
direction of the State Registrar of Vital Statistics,
whom the state board of health shall appoint within
thirty days after the taking effect of this law, and who
shall be a competent vital statistician. The term of
appointment of State Registrar of Vital Statistics shall
be four years, beginning with the first day of January
<>f the year in which this act shall take effect, and
any vacancy occurring in the office of State Registrar
of Vital Statistics shall be filled by appointment of
the state board of health. The State Registrar of
Vital Statistics shall receive an annual salary not to
exceed twenty live hundred dollars, which sum shall
be paid by the state board of health out of the an-
nual allowance made to it by the state. The state
board of health shall provide for such clerical and
other assistance as may be necessary for the purposes
of this act, and may fix the compensation of persons
employed, within the amount appropriated for
said hoard by the legislature. Suitable apartments
shall be provided Pox the State Bureau of Vital Statis-
tics, which shall be properly equipped with fire-proof
vault and filing cases for the permanent and safe
preservation of all official records made and returned
under this act. The State Registrar shall file duplicates
of all returns made to him from each county with the
county clerk thereof upon notice that a fire proof
vault and filing cases for their permanenl preserva-
tion have been provided by the fiscal officials of such
county.

State Reg-
istrar.
Term.

Salary.

H. L.— 4

HEALTH LAWS OF KENTUCKY

State to be
divided into
districts.

Local reg-
istrars.
Deputy.

Appoint-
ment and
duties.

3. That for the purposes of this act the
State shall be divided into registration districts as
follows: Each city and incorporated town shall con-
stitute a primary registration district; and for that
portion of each county outside of the cities and incor-
porated towns therein, the State Board of Healh shall
define and designate the boundaries of a sufficient
number of rural registration districts, which it may
change from time to time as may be necessary for
convenience and completeness of registration.

4. That within ninety days after the tak-
ing effect of this act, or as soon thereafter as possible,
the slate board of health shall appoint a local reg-
istrar, deputy registrar, or both, of vital statistics for
each registration district in the State, excepting such
cities or towns or registration districts as are otherwise
provided for.

The sard board may, at its discretion, appoint as
local registrar or deputy registrar, any registration
official under this act, undertaker or person or per-
sons who furnish coffins, who shall serve for the dis-
trict or districts as designated by said board, any
county or city official who shall serve, ex-officio, as
the local or deputy registrar of the registration district
or districts for which he is appointed.

The term of the office of local and deputy regis-
trars, appointed by said board, shall be for four years
beginning with the first day in January of the year in
which this act shall take effect, and their successors
shall be appointed at least ten days before the ex-
piration of their term of office.

Any local or deputy registrar, appointed by said
board, who fails or neglects to efficiently discharge
the duties of his office as laid down in this act, or who
fails to make prompt and complete returns of births
and deaths as required hereby, shall be forthwith re-
moved from his office by the state board of health and
his successor appointed, in addition to any other
penalties that may be imposed, under other sections
of this act, for failure or neglect to perform his duty.

HEALTH LAWS OF KENTUCKY 99

Each local registrar, appointed by said board, shall
immediately appoint one or more deputies, whose duty
it shall be to act in his stead in case of absence, illness
or disability, and who shall accept such appointment
in writing, which shall be filed in the office of the State
Registrar, and who shall be subject to all rules and
regulations governing the action of local registrars;
provided, that in cities or towns where health officers^
or secretaries of local boards of health, or other of-
ficials, at the date of this act, are officiating as reg-
istrars of births and deaths under local ordinances
to the satisfaction of the State Registrar, such officers
shall be continued as registrars in and for such cities
and towns, but shall be subject to the rules and reg-
ulations of the state board of health, and to all the
provisions of this act.

That it shall be the duty of any deputy registrar
appointed under the provisions of this act to report
promptly any certificates of births or deaths, to the
local registrar of the district in which the birth or
death occurred; and that it shall be unlawful for any
local or deputy registrar, sexton, physician or under-
taker to charge a fee to any member of a family in
which a death has occurred, for complying with any
of the provisions of this act.

5. That the body of any person whose death of s§ead °n
occurs in the State shall not be interred, deposited ivVmus.
in a vault or tomb, en-mated or otherwise disposed fuied. ca
of, or removed from or into any registration district
until a permit for burial, removal or other disposition
shall have been promptly issued by the registrar of the
registration district in which the death occurs. And
no such burial or removal permit shall he issued by
any repris'rar until a complete and satisfactory certi-
ficate and return of the death has been filed with him
as hereinafter provided: Provided, that a transit per-
mit lamed in accordance with the law and health reg-
ulations of the place where the death occurred, whether
in Kentucky or outside of the State, may be accepted

100 HEALTH LAWS OF KENTUCKY

by the local registrar of the district where the body is
to be interred or otherwise finally disposed of, as a
basis upon which he shall issue a local burial permit;
in the same way as if the death occurred in his district,
but shall plainly enter on the face of the copy of the
record which he shall make for the return to the State
Registrar the fact that it was a body shipped in for
interment and give the actual place of death. But
when a body is removed from a district in Kentucky
to another district, the registrar's burial or removal
permit from the district where the death occurred
may be accepted as authority for burial at the point
of destination: Provided, however, that in the event
that the death of a person occurs outside of the cities
and incorporated towns, nothing in this act shall be
construed to delay, beyond a reasonable time, the in-
terment or other disposition of a body unless the serv-
ices of the coroner or the health officer are required,
as prescribed by law, or the state board of health
shall deem it necessary for the protection of the public
health. And it shall be the duty of the undertaker or
person acting as such to file with the local registrar
or deputy registrar, prior to the interment, a pro-
visional certificate of death which shall contain the
name, date and place of death of the deceased and an
agreement to furnish within five days a complete and
satisfactory certificate of death, and it shall be the
duty of the undertaker or person acting as such to
secure a complete and satisfactory certificate of death
as provided in section 9 of the act and return it within
five days from the date of burial to the local registrar
of the district in which the death occurred. And if
there be no undertaker, or person who acts as such,
then it shall be the duty of the head of the family in
which the death occurred to notify, within five days
of date of death, the local registrar of the district in
which it occurred of the fact of the death. It shall
then be the duty of the local registrar to procure,
promptly, said certificate of death.

HEALTH LAWS OF KENTUCKY

101

6. That stillborn children, or those dead at
birth, shall be registered as births and also as deaths,
and a certificate of both the birth and tfye:de<it;h\ shall
be filed with the local registrar, in tin-1 usual form
and manner, the certificate of birtlr to "contY
place of the name of the child, the word' '"stillbirth."
The medical certificate of the cause of death shall be
signed by the attending physician, if any: and shall
state the cause of death as "stillborn," with the i

of the stillbirth, if known, whether a premature birth,
and, if born prematurely, the period of uterogestation,
in months, if known; and a burial or removal permit
in usual form shall be required.

7. That the certificate of death shall be the
standard form adopted by the United States Census

an for the collection of mortality statistics.
The personal and statistical particulars shall be
authenticated by the signature of the informant, who
may be any competent person acquainted with the
facts.

The statement of facts relating to the disposition
of the body, shall be signed by the undertaker, or per-
son acting as such.

The medical certificate shall be made and signed
by the physician, if any. last in attendance on the de-
ll, who shall specify the time in attendance, the

time he ] the deeeased alive, and the hour of

the day at whieh death occurred. And he shall further
state the r;nis«' of death, so as to show the eonrse of
^e or sequence of causes resulting in death, giv-
ing the primary cause, and also the contributory
causes, if any, and the duration of each. Indefinite and
unsatisfactory terms indicating only symptoms of dis-
ease or conditions result in? from disease, will not be
held sufficient for issuing a burial or removal per-
mit; and any certificate not containing such terms as
defined by the State R • shall be returned to the

physician for correction and definition. Cause of death,
which may be the result of either disease or violence,

Birth and

death of

stillborn
children
. be
'registered.

Certificate
of death.
Form of.

Wh.it facta
to state.

102

HEALTH LAWS OF KENTUCKY

Death with-
out physi-
cian in at-
tendance.

Duties of
under-
takers.

shall be carefully defined; and, if from violence, its
nature shall be stated and whether (probably) acci-
dental, Fiiicjdal or homicidal. And in case of deaths in
hospitals, institutions or away from home, the phy-
sic ia a .shall .furnish the information required under
this head, and shall state where, in his opinion, the
disease was contracted.

8. That in case of any death occurring with-
out a physician in attendance, it shall be the duty
of the undertaker to notify the registrar of such death,
and when so notified the registrar shall inform the
local health officer, and refer the case to him for im-
mediate investigation and certification, prior to issu-
ing the permit: Provided, that if the circumstances
of the case render it probable that the death was
caused by unlawful or suspicious means, the registrar
shall then refer the case to the coroner for his inves-
tigation and certification. And any coroner whose duty
it is to hold an inquest on the body of any deceased
person, and to make the certificates of death required
for a burial permit, shall state in his certificate the
nature of the disease, or the manner of death ; and, if
from external causes of violence, whether (probably)
accidental, suicidal or homicidal, and shall, in either
case, furnish such information as may be required by
the State Registrar to properly classify the death.

9. That the undertaker, or person acting as
undertaker, shall be responsible for obtaining and
filing the certificate of death with the registrar, and
securing a burial or removal permit, prior to any dis-
position of the body. He shall obtain the personal and
statistical particulars required from the person best
qualified to supply them, over the signature and ad-
dress of his informant. He shall then present the cer-
tificate to the attending physician, if any, or to the
health officer or coroner, as directed by the registrar,
for the medical certificate of the cause of death and
other particulars necessary to complete the record, as
specified in section eight. And he shall then state the

HEALTH LAWS OF KENTUCKY

103

facts required relative to the date and place of burial,
over his signature and with his address, and present
the completed certificate to the registrar within the
time limit, if any, designated by the local board of
health for the issuance of a burial or removal permit.
The undertaker shall deliver the burial permit to the
irson in charge of the place of burial, be-
fore interring the body; or shall attach the transit
permit, containing the registrar's removal permit, to
the 1>' aining t he corpse, when shipped by any

transportation company; said permit to accompany
torpse to its destination, where, if within the State
of Kentucky, it shall be taken up by the Local reg-
the district in which interment is made, who
shall issue a burial permit thereon.

in. That if the interment, or other disposi-
tion of the body, IS tO be made within the State, the
wording of the burial permit may be limited to a state-
ment by the registrar, and over his signature, thai a
of death having been filed with
him. as required by law, permission is granted to inter,
dispose of the deceased; stating
e, age, sex, cause of death, ami other w

ila upon the form prescribed by the State
'•-
11. That do sexton, or person in charge of any
in which interments are made, or the owner

'Witaining a private . shall inter.

or permit the intern other disposition of any

body, unless it is accompanied by a burial removal
or transit permit, as herein provided. And each
ton, <>]• person in charge of any burial ground, or the

owner of premises containing a privat metery,

shall endorse upon the permit the date of interment,
over his signature, and shall return all permits so in-
d to the local r of his district, within

ten days from the date of interment, or within the
time fix.-d by the local board of health. II<> shall also
ecord of all interments mad.- in the premises

Burial
permit.

s Of

persons in
•»; of
burial
ground s.

104

HEALTH LAWS OF KENTUCKY

Births to be
registered.

Certificate
of birth.

Form of
certificate.

Supple-
mental re-
port of
birth.

under his charge, stating the name of the deceased
person, place of death, date of burial, and name and
address of the undertaker; which record shall at all
times be open to public inspection.

12. That all births that occur in the State shall
be immediately registered in the districts in which they
occur, as hereinafter provided.

13. That it shall be the duty of the attend-
ing plvysician or midwife to file a certificate of birth
properly and completely filled out, giving all the par-
ticulars required by this act, with the local registrar
of the district in which the birth occurred, within ten
clays after the date of birth. And if there be no at-
tending physician or midwife, then it shall be the
duty of the father or mother of the child, householder
or owner of the premises, manager or superintendent
of public or private institution, in which the birth
occurred, to notify the local registrar, within ten days
after birth, of the fact of such a birth having occurred.
It shall then, in such case, be the duty of the local
registrar to secure the necessary information and
signature to make a proper certificate of birth.

14. That the certificate of birth shall be the
standard form adopted by the United States Census
Bureau. This certificate shall be signed by the attend-
ing physician or midwife, with date of signature and
address ; if there be no physician or midwife in attend-
ance, then the father or mother of the child, house-
holder or owner of the premises, or manager or super-
intendent of public or private institution, whose duty
it shall become to notify the local registrar of such a
birth, as required by section thirteen of this act. All
certificates, either of birth or death, shall be written
legibly in unfading ink; and no certificate shall be
held to be complete and correct that does not supply
all the items of information called for therein, or sat-
isfactorily account for their omission.

15. That when any certificate of birth of a liv-
ing child is presented without statement of the given

HEALTH LAWS OF KENTUCKY

105

name, then the local registrar shall make out and de-
liver to the parents, attending physician or midwife, a
special blank for the supplemental report of the name
of the child, which shall be filled out as directed, and
returned to the registrar as soon as the child shall be
named.

16. That every physician, midwife, and under-
taker shall, without delay, register his or her name,
address and occupation with the local registrar of the
district in which he or she resides or may hereafter
establish a residence and shall thereupon be supplied
by the local registrar with a copy of this act, together
with such rules and regulations as may be prepared by
the State Registrar relative to its enforcement. AY i th-
in thirty days after the close of each calendar year,
each local registrar shall make a return to the State
Registrar of all physicians and midwives who have
been registered in Iris district during the whole or any

of the preceding calendar year: Provided, that
no fee or other compensation shall be charged by local
registrars to physicians, midwives or undertakers for
registering their names under this section, or making
returns thereof to the State Registrar.

17. That all superintendents or managers, or other
persons in charge of hospitals, almshouses, lying-in or
other institutions, public or private, to which persons
resort for treatment of diseases, confinement, or are
committed by process of law, are hereby required to
make a record of all of the personal and statistical par-
ticula tive to the inmates iii their institutions at
the date of approval of this act that are required in
the form of the certificate provided for by this act, as

by the state Registrar; and th< such

record shall be by them made for all future inmates
•' their admission. And in case of persons
admitted or committed for medical treatment of dis-
ease, the physician in charge shall specify, for entry in
the record, the name of the disease, and where, in his

Physicians,
midwives
and under-
takera must
register.

i <ls.
What must
he k(>pt.

By whom
kept.

106

HEALTH LAWS OP KENTUCKY

Blanks
furnished
by board.
Duties of
Sfp'* Reg-
istrar.

opinion, it was contracted. The personal particulars
and information required by this section shall be ob-
tained from the individual himself, if it is practicable
to do so ; and when they cannot be obtained, they
shall be secured in as complete a manner as possible
from the relatives, friends, attending physicians and
midwives.

18. That the state board of health shall pre-
pare, print and supply to all registrars suitable blanks
and forms used in registering, recording and preserv-
ing the returns or in otherwise carrying out the pur-
poses of this act ; and shall prepare and issue such de-
tailed instructions as may be required to secure the
uniform observance of its provisions and the mainte-
nance of a perfect system of registration. And no other
blanks shall be used than those supplied by the state
board of health. The State Registrar shall carefully
examine the certificates received monthly from the
local registrars, and if any such are incomplete or un-
satisfactory, he shall require such further information
to be furnished as may be necessary to make the rec-
ord complete and satisfactory. And all physicians,
midwives, or undertakers, connected with any case,
are hereby required to furnish such information as
they may possess regarding any birth or death, upon
demand of the State Registrar in person, by mail, or
through the local registrar. He shall, further, arrange,
bind, and permanently preserve the certificates in a
systematic manner, and shall prepare and maintain a
comprehensive and continuous card-index of all births,
sickness and deaths registered; the cards to show the
name of child, deceased, place and date of birth, sick-
ness or death, number of certificate, and the volume
in which it is contained. He shall inform all registrars
what diseases are to be considered as infectious, con-
tagious, or communicable and dangerous to the pub-
lic health, as decided by the state board of health, in
order that, when sickness and deaths occur from such

HEALTH LAWS OF KENTUCKY 107

uses, proper precautions may be taken to prevent
the spreading of dangerous diseases.

19. That it shall be the duty of the local regis- Blanks.

* ° Duties of

trar to supply blank forms of certificates to such per- [JJJ* ™gia-
- .is require them. And he shall carefully examine
I certificate of birth or death when presented for
>rd, to > ;ade out in accordance

with the provisions of this act and the instructions of
the State Registrar, and if any certificate of death is
incomplete or unsatisfactory, it shall be his duty to
call d to the defects in the return, and to with-

hold issu burial or removal permit until they are

corrected. If the crtificate of death is properly ex-

188U6 8 burial or

be undertaker : Provided, that In
case :i Borne <■ bal is beld

by • e board alth to b tious, con-

. or conimii!, and dang o the pub-

it lor the removal or other dis-
position <>\' | shall be granl <l by the registrar
■p: under such conditions as may be prescribed
I local boards of health. If a certificate
of birth niplete, he shall immediately notify the
at, and r him to supply the missing items
be obtained. He shall then number con-
!y the e birth and of death in two
ith "number one" \'>>v the
birth and the th in each calendar year,
and sign hi «1 of the date
I in his office. He shall also ma unplete
and accurate co ich birth and death certifies

3 him, upon ;i form identical with th<

inal certificate, to be filed and permanently preserved

in his office local record of such death, in such

I by the State li gistrar. 'And he

!. on the tenth day of each month, transmil to the

rar all original certificates registered by

him during it. And if no births or

108

HEALTH LAWS OF KENTUCKY

Compensa-
tion of local
registrar,
physician
and mid-
wife.

Duties of
State Reg-
istrar.

no deaths occurred m any month, he shall, on the
tenth day of the following month, report that fact to
the State Registrar, on a card provided for this pur-
pose.

20. That each local registrar, physician or regis-
tered midwife shall be entitled to be paid the sum of
twenty-five cents respectively for each birth and each
death certificate properly and completely made out
and registered with or reported by him, and correctly
copied and duly returned to the State Registrar, as
required by this act. And in case no births or no
deaths were registered during any month, the local
registrar shall be entitled to be paid the sum of twenty-
five cents for each report, to that effect, promptly made
in accordance with this act. All amounts payable to
registrars, physicians or midwives under provisions
of this section shall be paid by the treasurer of the
county in which the registration districts are located,
upon certification by the State Registrar. And the
State Registrar shall annually certify to the treasurers
of the several counties the number of births and deaths
registered, with the names of the local registrars, and
the amounts due each at the rates fixed herein.

21. That the State Registrar shall, upon request,
furnish any applicant a certified copy of the record
of an}* birth, sickness or death registered under pro-
visions of this act, for the making and certification of
which he shall be entitled to a fee of fifty cents, to
be paid by the applicant. And any such copy of the
record of a birth, sickness, or death, when properly
certified by the State Registrar to be a true copy there-
of, shall be prima facie evidence in all courts and places
of the facts therein stated. For any search of the files
and records when no certificate copy is made, the
State Registrar shall be entitled to a fee of fifty cents
for each hour or fractional hour of time of search,
to be paid by the applicant. And the State Registrar
shall keep a true and correct account of all fees by him

HEALTH LAWS OF KENTUCKY 109

received under these provisions, and turn the same
over to the State Treasurer: Provided, that in cities
of the first class,' certified copies of any birth or death
may be furnished by the local health authorities. The
fee for such copy or search of record to be the same as
herein provided, and all such fees shall be paid in
to the treasurer of said cities.

22. Thai if any physician, who was in medical Penalties,
attendance upon any deceased person at the time of
death shall neglect or refuse to make out and delivei
to the undertaker or sexton, or other person in charge
of the interment, removal or other disposition of the

Lica] ( rtificate of cause of
1 i'or, he shall be deemed
guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than five dollars nor more than
dollars. And if any physician shall knowingly
make a false cert I of the cause of death, in any

case, he shall be I guilty of a misdemeanor, and,

upon conviction thereof, shall be fined not less than
more than two hundred dollars.
• And any physician or midwife, in attendance upon
a case of conlin- any other person charged with

porting births, in the order named
t, who shall neglect or re-
e to file a proper certificate of birth with the local
ir, within the time required by this act, shall
be deemed guilty of a misdemeanor, and, upon con-
viction thereof, shall be fined not Less than five dollars
nor more than fifty dollars.

And if any undertaker, sexton, or other person act-
ing SS undertaker, shall inter, remove, or otherwise
disj the body of any deceased person, without

having received a burial or removal permit as herein
provided, ho shall be deemed guilty of a misdemeanor
and. upon conviction thereof, shall be fined not less
than twenty dollars nor more than one hundred dollars.
And any registrar, deputy registrar, or sub-reg-
istrar who shall negleel or fail to enforce the provisions

110 HEALTH LAWS OF KENTUCKY

of this act in his district, or shall neglect or refuse to
perform any of the duties imposed upon him by this
act or by the instructions and directions of the State
Registrar, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less
than ten dollars nor more than one hundred dollars.

And any person who shall wilfully alter any cer-
tificates of birth or death, or the copy of any certi-
ficate of birth or death, on file in the office of the local
registrar, shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less
than ten dollars nor more than one hundred dollars,
or be imprisoned in the county jail not exceeding sixty
days, or suffer both fine and imprisonment, in the dis-
cretion of the court.

And any other person or persons who shall vio-
late any of the provisions of this act, or shall wilfully
neglect or refuse to perform any duties imposed upon
them by the provisions of this act, or shall furnish
false information to a physician, undertaker, midwife,
or informant, for the purpose of making incorrect cer-
tification of births or deaths, shall be deemed guilty of
a misdemeanor, and, upon conviction therof, shall be
fined not less than five dollars nor more than one
hundred dollars.

And any transportation company or common
carrier transporting or carrying, or accepting through
its agents or employes for transportation or carriage,
the body of any deceased person, without an accom-
panying permit issued in accordance with the pro-
visions of this act, shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be fined
not less than fifty dollars nor more than two hundred
dollars: Provided, that in case the death occurred
outside of the State, and the body is accompanied by
a certificate of death, burial or removal or transit per-
mit issued in accordance with the law or board of
health regulations in force where the death occurred,
such death certificate, burial or removal or transit per-

HEALTH LAWS OF KENTUCKY

111

Reports by
local regis-
trars.

Privileged
communica-
tions.

mit, may be held to authorize the transportation or
carriage of the body into or through the State.

23. That local registrars are hereby charged with
the strict and thorough enforcement of the provisions
of this act in their districts, under the supervision and
direction of the State Registrar. And they shall make
an immediate report to the State Registrar of any
violations of this law, coming to their notice by ob-
servation or upon complaint of any person, or other-
The State Registrar is hereby charged with the
thorough and efficient execution of the provisions of
this act in every part of the State, and with super-
power over local registrars, to the end that
all of the requirements shall be uniformly complied
with. He shall have authority to investigate cases of
irregularity or violation of law, personally or by ac-
credits! representative, and all registrars shall aid
him. upon request, in such investigation. When he
shall deem it necessary he shall report cases of viola
tion of any of the provisions of this act to the pros-
ecuting attorney or official of the proper county or
municipality, with a statement of the facts and cir-
i -nmstances; and when any such case is reported to
them by the State Registrar, all prosecuting attorneys
or officials acting in such capacity shall forthwith in-
itiate and promptly follow up the necessary court pro-
ceedings against the parties responsible for the alleged
violations of law. And upon request of the State Reg-
istrar, the district attorney shall likewise assist in the
enforcement of the provisions of this act.

24. For the purposes of this act, and all other
matters, the confidential relations and communications
between physician and patient are placed upon the
same basis as those provided by law between attorney
and client, and nothing in this act shall be so con-
strued as to require any such privileged communi-
on to h<i disclosed.

112

HEALTH LAWS OF KENTUCKY

Repealing
clause.

25. That Chapter 83, Kentucky Statutes, and all
other laws and parts of laws inconsistent with the
provisions of this act are hereby repealed.

Organiza-
tions en-
titled to
State aid in
paying for
visiting
nurse's ■
services.

R?gistered
nurse may
be em-
ployed.
Duties and
renorts of
nurse.

Qualifica-
tions of
nurse.

PUBLIC HEALTH NURSE ACT.
Chapter 51, p. 148, Acts of 1918.

An act relating to public health; to provide State
aid to any county, tuberculosis district, or public or
private organization not operated for profit, which
shall employ a visiting nurse for the cure and preven-
tion of tuberculosis and other diseases and to render
aid in times of war or emergency to the sick, afflicted,
injured or distressed from any cause, under the su-
pervision and direction of the state board of health.

Sec. 4711c-l. Any county, tuberculosis district,
or other organization not operated for profit, which
shall employ a visiting nurse for the cure and preven-
tion of tuberculosis and other diseases in any county or
counties of this Commonwealth, shall be entitled to
receive State aid in providing compensation for such
nurse, in accordance with the provisions of this act.

2. The fiscal court of any county, or the district
board of trustees of any tuberculosis district, or any
organization not operated for profit, is authorized and
empowered to employ a registered nurse, whose
duties shall be as follows: To 'give instructions to
tuberculosis patients and others relating to hygenic
measures to be observed in* preventing the spread
of tuberculosis and other diseases; to aid in making
reports of existing cases of tuberculosis and other
diseases ; to act as visiting nurse throughout the county
or the tuberculosis district, and to perform such
other duties as a nurse and hygienic expert as may
be assigned to her by the fiscal court or the tuber-
culosis district board of trustees, or other organization
employing her. Such visiting nurse shall, at the end of
each month, make a report in writing to the county

HEALTH LAWS OF KENTUCKY 113

judge of the county, or the tuberculosis district board
of trustees, and to the State Board of Health, which
reports shall show the visits made during the month
then ending and the requests made for her services,
and such other information as may be required by the
fiscal court, the district board of trustees, or the State
Board of Health.

3. Before any nurse can be appointed within Jui state*011
the provisions of this act, she must be a registered Board,

Such nurse shall at all times be subject to I ;
slon of the state board of health under Buch
i ales and regulations as said board shall prescribe.

4. For the compensation of such visiting nurse, Maximum

amount of

shall be allowed each and every year, and paid state ap-

propriation.
out of the State Treasury from funds not otherwise Not over

one nurse

appropriated, to every county, tuberculosis district to each

1 r r county.

or other organization employing a visiting nurse
within the provisions of this act, a sum equal I
one-third of the money actually paid to such nurse
as compensation for her services; however, in case

sum of money actually paid to such nurse as com
ii for her Bervices i $75;00 (seventy-

nth, the amount to be paid by the
State shall not exceed $25.00 (twenty-five) dollars
per month for each nurse, and be limited to one visit-

Qurse to each county.

The money hei propriated shall be paid in

regularly, as is done in the case of char-
itable institutions maintained by the State of Ken-
tucky, upon the filing of due proof, of facts in accord-
e with the forms and regulations which may be
by the State Board of Health.

5. No part of the e iation herein made KSSf1** of

shall be paid to any public or private sanatorium
or organization other *han that established by a tuber-
culosis district, until the sanatorium or organization
t<> which the payment is to be made shall have exe-

114

HEALTH LAWS OP KENTUCKY

Bond to se-
cure proper
use of ap-
propriation.
Details of
bond.

Approval of
State Ex-
aminer.

Report of
Auditor.

Books open
to inspec-
tion.

Visitation
by State
Board.

cuted, by its proper officers, a bond to the Common-
wealth of Kentucky, with good and sufficient security,
stipulating and providing that all of said money so
paid to such sanatorium or organization shall be ap-
plied to the payment of the salary of the visiting
nurse. There shall be attached to, as part of said
bond, an attested copy of the articles of incorporation
under which said sanatorium or organization is estab-
lished and maintained, and further, a statement under
oath, made by the chief officer, and the treasurer of
said sanatorium or organization, showing the actual
amount of money expended by said sanatorium or
organization as salary for the visiting nurse.

Said bond, articles of incorporation and state-
ment under oath, and the approval of the state board
of health signed by its president and attested by its
secretary under seal, shall be first submitted to the
State Inspector and Examiner to examine into the
verify conditios embraced within said bond and state-
ment. And when he shall have approved same, and fur-
ther shall have ascertained that said sanatorium or or-
ganization is not being operated for profit, he shall cer-
tify such examination and approval to the Auditor of
Public Accounts.

6. Any county, tuberculosis district, sanatorium
or other organization availing itself of this act
shall make an annual report to the Auditor of Public
Accounts, showing when, where and in what manner
the money received by such county, tuberculosis dis-
trict, sanatorium or organization under this act has
been applied and disbursed, and such report shall be
subscribed by and sworn to by the chief officer of the
sanatorium or organization, or by the county judge
of the county, or by the chairman of the board of trus-
tees of the tuberculosis district.

7. Any county tuberculosis dstrict, sanatorium
or other organization receiving any of the benefits
of this act shall at all reasonable times keep open
for the inspection of the State Inspector and Ex-

HEALTH LAWS OF KENTUCKY

115

aminer its records and books of accounts, and the
state board of health, or their duly authorized repre-
sentative, shall each year visit such county, tubercu-
losis district, sanatorium or organization is observing
the provisions of this act.

8. That it shall be the duty ol any county, tuber-
culosis district, sanatorium or other organization
receiving any of the benefits of this act, when requested
by the state board of health in times of war or emer-
gency, to require such nurse as may be employed
under the provisions of this act to perform the duties
imposed herein, under the rules and regulations of
the state board of health, and it shall be the duty of
Bach nurse to perform such duties as may be required
by ti hoard of health, under its supervision

and direction, and in the tnty, tubercu-

brict, sanatorium or organisation in observing
ing any of the benefits of this act shall fail or refuse
to require such nurse to perform the duties here-
in imposed, the benefits of this act shall be withdrawn
for no1 Leas than one nor more than two years, in the
D of said board, and if such nurse fails or
pt in case of severe illness or disability.
to perform the duties herein imposed, she shall be
d without salary for three months. Provided,
thai in any period of twelve months the state board
of health shall not require more than twenty daya*
nces for such war or emergency work.

Nurse to act
under orders
Ol state

i of
Health in
MUM Ol war
or eivr
i ncs .
lvimlties
for failure
so to act .
Time limit
on such em-
ployment.

LAW RELATING TO THE FEEBLE-MINDED
Chapter 54, p. 156, Acts of 1918-

1. The term - ninded person" means a Definitions.

ion with b defect in mental development, which

is due to causes operating at birth, or at an early age,

which ich a degree that he is incapable

therefrom of earing for himself or managing his affaire

116

HEALTH LAWS OF KENTUCKY

and requires supervision, care, training,

control
welfare

or
ol"

Home and
farm colony
for feeble-
minded.

Objects and
purposes.

custody for his own welfare or for the

others or the community,

The term "epileptic person" means a person who
has epileptic attacks and is known to be losing his
mental capacity as a result of these attacks, and is
so distinctly enfeebled that he needs care and custody
for his own welfare, or for the welfare of others, or
for the community.

The term "Board of Control" means the State
Board of Control of Charitable Institutions.

The farm provided for by this act shall be known
as "The Farm Colony for the Feeble-Minded, " and
the present institution in Frankfort for the feeble-
minded shall be known as "The Training School for
the Feeble-Minded, " and the colony and training
school shall be known collectively as "The State In-
stitution for the Feeble-Minded.' '

2. There shall be established and maintained a
farm colony for the feeble-minded and epileptic per-
sons to be located on land suitable, or which may be
made suitable for farming, stock raising and fruit
growing, and equipped with dormitories and other
buildings sufficient to accommodate at least five hun-
dred inmates, the farm colony to be conducted as a
part of the training school and under the general sup-
ervision of the superintendent with the approval of
the Board of Control. The farm colony shall be lo-
cated in the same county or in a county adjoining that
in which the training school is located.

3. The object and purpose of said State institu-
iton for feeble-minded and epileptic persons shall be
the mental and physical training, the treatment and
custody of feeble-minded and epileptic persons, the
promotion of their happiness and well-being and the
study of mental deficiency ; and such institutions shall
have all rights and powers which may be necessary and
proper for carrying out the purpose for which they
are established.

HEALTH LAWS OF KENTUCKY

117

4. The Kentucky State Board of Control for
Charitable Institutions shall have the management
and control of the State institution for the feeble-mind-
ed and epileptic and shall appoint the superintendent
for such institution.

5. The superintendent shall bo an expert in the
care and management of feeble-minded persons, shall
be a graduate in medicine and shall have had at least
two years' experience upon the medical staff of an in-
stitution devoted to the care and treatment of feeble-
minded persons. Fitness for the service as superin-

enf of such institution shall be the only factor
in his selection.

6. The Sup* nt shall reside at the in-
stituti !1 devote his entire time to the con-
duct of its affairs. Subject to the approval and di-
rection of the State Board of Control, he shall have

e charge of the management, control and train-
ing of all the inmates of such institution. He shall

a bond to ? e for the performance of his

duly ndent of snch institution in such sum

actory to the
Board of Control.

7. The shall, subject to the ap-
proval of the Board of ('< ntrol, employ two assistant

teacher and such other
officers and omployces as he may deem proper and
ieient conduct of said institution.
tttrol shall have power to designate
their titles, fix t! <■. and prescribe their

. and all such app (hall hold their office

pleasure of the board. Tl shall

lician and psychologist, who has
at least "two years' experience in the care of the
; and who Bhall have full charge under
the superintendent of the medical care and sanita-
tion of inmates and of tl iation of the institu-
ihall examine all the present and future inmates

Manag-e-
nu hi of in-
stitutions.

Superin-
tendent.
Quallfica-

i ions.

i«nce
at institu-
tion.

Kmploy-
ment of
help.

118

HEALTH LAWS OF KENTUCKY

Compensa-
tion of
superin-
tendent.

< Construc-
tion of

building-.
Plans and
material.

and determine their fitness for training and for labor;
and shall assist the superintendent with advice as to
the reception of inmates. The second assistant shall
be a competent farmer who has had experience in the
supervision and employment of feeble-minded; and
who shall have charge under the superitendent of the
farm colony as herein provided for.

The principal shall be a trained educator with at
least three years' experience in the control and edu-
cation of the feeble-minded, and said principal may
be either a man or woman. He shall have full charge
of the educational and industrial employment of the
inmates, excepting those on the farm colony; and the
industrial work of the institution so far as it is per-
formed by the inmates shall be under the supervision
and direction of the principal, subject in all cases, to
the advice of the assistant and supervision and ap-
proval of the superintendent. The purpose of the edu-
cational training of the inmates shall be at all times to
promote their happiness and well-being and to render
them capable of useful labor.

8. The State Board of Control shall fix the com-
pensation of the superintendent whose salary shall be
not more than three thousand dollars ($3,000.00) per
year.

9. The superintendent, with the approval of the
Board of Control, shall employ such architects and
assistants as may be necessary in making the plans
and constructing the buildings for said institution, and
shall arrange for the purchase of building material ;
may make and let contracts for the construction of
buildings, or may, where possible, employ any avail-
able harmless insane feeble-minded from any of the
institutions in such work ; the work on said buildings
to begin as soon as possible. Said new buildings shall
be constructed upon the colony and cottage plan and
shall provide for complete separation of the inmates
according to color and sex, and as far as practicable

HEALTH LAWS OF KENTUCKY

119

for the separation of the epileptics from the non-
epileptics.

10. The farm colony shall be located upon a site
duly selected by the State Board of Control and the
superintendent, consisting of at least five hundred
(500) acres and selected with due regard to the pur-
poses for which it is intended ; said farm to cost not in
excess of fifty dollars ($50.00) an acre. But the board
in its discretion may lease a farm with an option to
purchase the same at a specified price.

11. The University of Kentucky shall at the re-
of the State Board of Control examine and re-
port on any and all sites which the board may wish
to investigate so that the board may be fully advised
as to the quality and character of the soil, water sup-
ply, sanitation and other agricultural and engineer-
ing problems. The said board and superi t1 and
said university shall be entitled to receive their nec-

y expenses in connection with said investigation,
selection and purchase of said site or sites.

12. There shall be received into bi to in-
stitution, subject to such rules and regulations as the
Board of Control may adopt and pursuant to the pro-

D of this act, feeble-minded and epileptic pel
of not less than ars of age.

13. It snail 1)'' the duty of the superintendent of

Miis to provide such care and training for
each as may be necessary to render him more

,1 and happy and to make him as nearly self-
supporting as his mental capacity may permit. The in
of said institution may manufacture and pro-
or for the use of other S ate in-
stitutions, such articles, furniture, clothing, tools, pro-
d other gage In such labor or

ruction as may be approved by the State
Board of Control.

1 \. The Board of Control shall make such disposi-
tion of any surplus product* of the farm or other in-

Location
ami size of
farm.

Examina-
tion and
i-' port on
sites.

Admitting:
to institu-
tion.

cut-
tody and

training".

Surplus
products.

120

HEALTH LAWS OF KENTUCKY

Jurisdic-
tion.
Trial by
jury.

Proceed-
ings.

How insti-
tuted.

dustry of the institution as they deem proper, and may
use the same for the benefit of the patients of the State
asylums for the insane, or otherwise in their discre-
tion.

15. The circuit courts of the several counties of
this State shall have exclusive jurisdiction in all cases
coming within the terms and provisions of this act.
When no circuit court is in session in the county, in-
quests of insane persons may be held by a judge of a
circuit court, or by the presiding judge of the county
court, but in no case shall an inquest upon an idiot be
held except in the circuit court. In proceeding under
this act the person alleged to be feeble-minded, epilep-
tic, or insane and appearing before the court, or any
person interested in such person, shall have the right
to demand for such alleged feeble-minded, epileptic
or insane person a trial by jury, which shall be grant-
ed as in other cases, unless waived; or the court on
its own motion may call a jury to try such case. The
court in its discretion may conduct the trial or inquest
in chambers.

16. Any reputable person being a resident of the
county and having knowledge of a person in the
county who appears to be either feeble-minded, epilep-
tic or insane who is not in a state or private institu-
tion for the care of such persons, may file with the
clerk of the circuit court a petition in writing for
the trial and commitment of such person and setting
forth facts verified by affidavit. It shall be sufficient
if the affidavit is upon information and belief. The
petition shall set forth the name and residence of the
parent or parents, if known, and of the husband or
wife, if any, and the name and residence of the person
having the custody, control and supervision of such
person ; or if no such person is known to the petitioner,
then of some near relative or that such is unknown to
the petitioner. All persons named in said petition in-
cluding the alleged feeble-minded, epileptic or insane

HEALTH LAWS OF KENTUCKY

121

person, if legal age, shall be notified of such proceed-
ings as hereinafter provided.

17. When a petition for the trial and commit-
ment of an alleged feeble-minded, epileptic or insane
person has been properly filed with the clerk of the
court, the court shall appoint two physicians to ex-
amine such person and to certify to the court as to
their findings in the case. These physicians shall be se-
lected where possible because they have made special
study of feeble-mindedness and mental diseases and
shall be entitled to a fee of $3.00 each for such ex-
amination ami certificate, to be paid by the county in
which the commitment is made, upon a certified copy
of the order of allowance made by the circuit court
holding the inquest. The certificate shall state that
tiie person has been examined by each of the medical
examiners making the certificate within three days

date of the certificate and that in their
judgment be is feeble-minded, epileptic or insane in

of this act, if such be the fact, and requires

rol and rare ['^v his own welfare or

for tin- welfare I or of the community; and it

shall farther such supervision, control

and care can provided by commitment to an

institution for the feeble-minded and epileptic or for
the |] »r by commitment to guardianship. The

• shall be in the foru ibed by the State

Board Qtrol, and shall state tie- (actfl and cir-

ipou which the judgmenl of the medical
dnen is based, and shall 1m- sworn to before a

notary or the clerk or jndge of the court.

18. Upon the filin": of the petition a summons
shall issue requiring the parent or pin. nts. guardian
or other person having the custody, control or super-

: or with whom such pers >U may

■ with SUCh at a lime and place

to be Stated in the summons, which time shall be not

less than three (3) days after serviee. The parent

Examining

physicians'
certificate.

Service of

.•• ummons.
Notice.

122 HEALTH LAWS OF KENTUCKY

of such person, if living, if their residence be known to
the petitioner, or the legal guardian, if one there be,
and his residence is known to the petitioner, or if there
may be neither parent cr guardian whose residence
is known to the petitioner, then some near relative, if
his or her residence be known to the petitioner, shall
be notified also of the proceedings; and in any case
the court shall appoint some member of the bar to
-represent and protect the interests and rights of the
person alleged to be of unsound mind, and it shall also
be the duty of the attorney for the Commonwealth
to prevent the finding of any person to be of unsound
mind who, in his opinion, is not such. If a person sum-
. moned as herein provided shall fail without reasonable
cause to appear and abide by the order of the court,
he may be proceeded against as in case of contempt
of court. On the return of the summons or other pro-
cess, or on the appearance of such alleged feeble-
minded, epileptic or insane person with or without
summons or other process in person before the court,
together with the return of the service of notice, if
there be any person notified, or upon the personal ap-
pearance or written consent to the proceedings of the
person or persons, if any be notified, or as soon there-
after as may be, the court shall proceed to hear and
dispose of the case. The court may in its discretion re-
quire other evidence in addition to the petition and
the certificates of the examining physicians, and he
may require the attendance at the hearing of said
physicians and of any other witnesses. The alleged
feeble-minded, epileptic or insane person or any one
representing him, shall have the right to summon
witnesses and to present evidence as in other cases
made and provided,
presence of 19. No inquest shall be held unless the person

Charged. charged to be insane, feeble-minded or epileptic is in
pensed court ; provided, however, that the personal presence

of such person may be dispensed with when it shall

HEALTH LAWS OF KENTUCKY 123

appear by the oath or affidavit of two regular prac-
ticing physicians that they have personally examined
Bach person and that they verily believe that his con-
di;i<>n is such that it would he unsafe to bring him
into court.

20. The judge who presides at such inquest may Necessary
make all orders for the eare of the person found to be

ile-minded, epileptic or insane or incompetent to
and i!" it is Pound upon the in<[ie
that such person has an estate, or it is for any other
necessary, ii shall be the duty of the court to
ry orders for the appointment of a com-
mittee and th.' estate of such person.
r such person to an asylum for the
insane, or to tl. ble-minded, as the
> may warrant or th" court may commit such per-

ttution, or to a

hom the court may find to be proper, able

and inister to the welfare of such per>

provided in the oei id-

ion.

21. Prom and lie date of the takm JgJ* *";
of this act and until January 1. 1921, every paup< ,,nal
imh le-minded person ov >ars of age

and being a male below the i ighteen or a female

of forty-five, shall be committed lo the
the feeble-minded, it* there is room
therein for him or her in a proper department thereof;
and do suet Ti;i 1 1 be eommitteed to the care of

a committee to be placed on the pauper imbeclie pen-
list, nn' >ti-
Ige of the circuit court that there is no
room for BUCh person in the institution. After January
»auper imbecile or minded person
shall be committed to the institution for tin* feeble-
minded if there be room therein in the !• part- .
:i. This Section, however, shall not

fly to pauper imbecD.es who hai <?<>\>i' been

124

HEALTH LAWS OF KENTUCKY

When pen-
sion may be
paid for
pauper im-
beciles.

Pauper im-
becile de-
fined.

General al-
lowance.
How made.

committed to a committee and placed on the pension
list for the five-year period, until the expiration of
such period, unless such committee shall voluntarily
surrender such guardianship and request the court to
commit such person to the institution for the feeble-
minded, in which case the pension shall at once cease.

22. Except as otherwise provided in the preced-
ing section, feeble-minded persons who are paupers
and who in the opinion of the court, may be safely and
properly kept by a committee within the county, may
by order of the court, be committed to the custody of
a committee or other person or institution. But no
pension shall be granted for a period beyond January
1, 1921, upon any inquest held after the passage and
taking effect of this act.

23. A person is a pauper imbecile or feeble-mind-
ed person within the meaning of this act who has been
found by the court to be feeble-minded and that he
has no estate sufficient for his support and also that
his parents, if alive have not sufficient estate to main-
tain him, and if a wife, that her husband has not suf-
ficient estate to support her ; and that he is unable to
work for her support. Upon the filing with the Auditor
of a certificate setting forth such facts and other facts
required to be found by this act, properly signed by
the judge holding the inquest, the Auditor shall issue
his warrant upon the treasury for the amount allowed
by law. But no allowance shall be made for the main-
tenance of any person under the age of eight years,
nor for one wTho is only at times by epileptic fits or
other malady enfeebled in mind, nor shall any warrant
be issued by the Auditor until the committee for such
person in charge has filed an affidavit stating what
income, if any, has been received during the previous
year from the labor of such pauper imbecile, and
whether such pauper imbecile has been able to do any
manual labor; and to what extent, if at all, the said
pauper imbecile has been able to work for his support.

HEALTH LAWS OF KENTUCKY

125

Any knowingly false statement in such affidavit
shall subject the person making- the same to prosecu-
tion for perjury.

The Auditor before issuing such warrant, shall
submit to the Board of Control said affidavit and all
other papers with reference to such claim ; and it shall
be the duty of the Board of Control to make an inde-
pendent investigation of said commitment and of the
financial and other condition of the person committed,
and in its discretion the Board may authorize the Aud-
itor to deduct from said allowance the reasonable
value of the work done, if any, or money or property
received for or by said feeble-minded person, during
the preceding twelve months; or in its discretion the
board may request the committing court to hold an-
other inquest before authorizing Auditor to issue his
warrant. And upon the further inquest the board shall
produce before the court such additional evidence as
it may have bearing upon said case. No warrant shall
I by the Auditor until authorized by the Board
Mtml. in accordance with the provisions of this
section.

24. When a person shall be found feeble-minded
or insane under the provisions of this act, the judge
who | at the inquest shall endeavor to ascer-

tain and draw up a brief history of such person's case
embracing the following poi]

1. Age; occupation; married or single; habits;
education. 2. What i if any. have been insane,

minded or ic. 3. Date of first attack or

symptoms; 1. ibited; whether trouble has since

changed in character. 1. Supposed cause; what illusions
or hallucinations, if any; whether subject to fits, and
if so, of what character or duration, natural tei
and kind of affection toward relations. Any attempt
at suicide; what propensity to mischief, or violence,
. 6. Periodic /y and lurid bi-

nd dura 7. What restrainl lias

History of
patient's
case to be
prepared
and sent to
institution.

126 HEALTH LAWS OF KENTUCKY

been imposed and what treatment used. 8. What in-
jury, if any, about the head received ; what bodily in-
jury, defect or disease. 9. What estate, if any, the
person has in possession, reversion or remainder, and
what estate his parents, if any, have ; and if a married
woman, what estate her husband has; together with
whatever else may be deemed material to enable the
superintendent of an institution to understand the
case. Said statement or copy shall be sent with the
record to the institution to which the person may be
assigned.
Notice of 25. Upon the commitment of a feeble-minded or

commit-
ment, epileptic or insane person to an institution for the

feeble-minded, epileptic or insane, a copy of the peti-
tion, the certificate of the physicians and the order
of commitment, together with a written statement of
the judge as to the financial condition of the feeble-
minded, epileptic or insane person and of the persons
legally liable for his support as far as such condition
can be ascertained, and any other material facts found
by the court upon the inquest shall be sent to the
superintendent of such institution. The superintendent
shall at once notify the judge whether or not a va-
cancy in the institution exists, and if a vacancy exists
he shall immediately send a competent and suitable
attendant, who shall bring the person to the institu-
tion. Each female committed to any institution shall
be accompanied by a female attendant, unless
accompanied by her father, brother, husband or
son. The superintendent shall thereupon file certified
copies of the papers in the office of the State Board of
Control. If a vacancy does not exist the superintendent
shall return the papers to the judge and thereupon
without further proceedings the judge shall, unless
otherwise specially provided by law, issue a supple-
mentary order committing the feeble-minded, epilep-
tic or insane person to guardianship until a vacancy
exists in the institution. In such case the judge shall

HEALTH LAWS OF KENTUCKY

127

send to the superintendent a copy of the supplementary
order of commitment to guardianship and shall send
to the State Board of Control a copy of the original
order of commitment, the petition, the certificate of
mental deficiency or epilepsy and his written state-
ment. The superintendent shall notify the State Board
of Control as soon as a vacancy exists in the institu-
tion, and thereupon the board may transfer to such
institution the person so committed to guardianship.
If such person has been placed on the pension list, the
pension shall cease or be prorated upon the transfer
of such person to such institution.

26. The superintendent or person in charge of
any institution for the feeble-minded or insane may
refuse to receive any person upon an order of commit-
ment. If the papers pi i do not comply with the
provisions of this set, or if in his judgment the p

is ii"- minded or insane within the meaning of

this act.

27. Before any order shall be granted by the
eourl tor the maintenance of a feeble-minded person
out of bis <>\vu estate or oul of the State Treasury, an
inquest shall be held as provided by this act, said order
to remain In force not longer than three years, when
another inquest shall be necessary.

28. Any person, association or corporation hav-
ing established at the time of the passage of this
act, or then or later intending to establish an institu-
tion, home or school tor the care, custody and treat-
ment of feeble-minded, epileptic or insane persons for
compensation, or bire, shall obtain a license therefor
from the State Board of Control. Every application for
such a license shall be accompanied by information
and be in such form as the board may require. The
board shall not grant any Buch license without first
having made an examination of the premises prop

to be licensed and being satisfied that they are sub-
stantially as described and are otherwise fit and suit-

Refusal to

receive.

Inquests to
be held
. \ . i y third
year after
the first In-
quest.

Private In-
stitutions.
License.

128

HEALTH LAWS OF KENTUCKY

Institution-
al anrl
private care.
Transfers.

Duties of

health

officers.

Females in
poor houses.

able for the purposes for which they are designed to
be used and that such license should be granted. The
board may at any and all times examine and ascer-
tain how far a licensed institution is conducted in
compliance with the license therefor, and after due
notice to the institution and an opportunity for it to
be heard, the board having made a record of the pro-
ceedings upon such a hearing ma}', if the interests of
the patients in the institution so demand, for just and
reasonable cause then appearing and to be stated in
its order, amend or revoke any such license by an order
to take effect within such time after the service thereof
upon the licensee as the board shall determine.

29. A feeble-minded, epileptic or insane person,
unless it be otherwise specially provided by law, may
be committed only to a State institution for the feeble-
minded, epileptic or insane, to a private institution li-
censed by the Board of Control, or to the guardian-
ship of a relative or other persons designated by the
court. Any feeble-minded or epileptic person com-
mitted to a State institution and becoming insane may
be transferred to a State hospital for the insane by
the Board of Control, and any feeble-minded or epi-
leptic person confined at a State hospital for the insane,
and who is not insane, may be transferred by the State
Board of Control to the institution for feeble-minded
and epileptic persons.

30. It shall be one of the special duties of every
health officer and of every public health nurse to in-
stitute proceedings to secure the proper segregation
and custody of * feeble-minded persons, likely to be-
come fathers or mothers of other feeble-minded per-
sons.

31. It shall be unlawful for any county poor farm
or poorhouse, or 'any home or institution providing
primarily for poor or infirm persons to receive or per-
mit to remain in its shelter a feeble-minded female
under forty-five years of age, provided there is room

HEALTH LAWS OF KENTUCKY

120

in the institution for the feeble-minded fbr such per-
son, in which case such person must be transferred to
such institution.

_'. It shall be unlawful to aid or abet the mar-
riage of any feeble-minded person, and any person
found guilty of aiding or abetting such marriage shall
be fined not less than fifty dollars, nor more than five
hundred dolars.

The Stat.' Board of Control may authorize
superintendent of any State institution for the
feeble-minded and epileptic to admit thereto under a
speci; ment mentally defective persons who are

ents of the State, other than poor or indigent
as, when there is room for such persons therein.
Hut do person so admitted shall be permitted to occupy
!i one room in any such institution. Such per-
son*, shall be subject to the general rules and regula-
of tii. institution. The State Board of Control
shall fix the rates to be charged for the maintenance
. h persons, the payment of which shall he secured
by a surety company bond approved by the board, or
by other adequate security or by a deposit, and bills
therefor shall be collected monthly. The superin-
nt may recommend to the hoard the removal of
such j luly licensed private institutions and

the board shall have power in its discretion to corn-
such removal.

54. All poor or indigent feeble-minded or epilep-
tic persons commj the State institution for the
I and epileptic shall, while therein, be
wholly supported by the state. The costs necessarily
incurred in the • of such persons to such in-
stitutions shall l»e a charge upon the State. The board
shall have power to take all necessary steps to secure

bom relative lends who are liable therefor, or

who may be willing to assume the cost of support of
any person supported by the State, reimbursement, in
whole or in pnrt. of the money so expended. The

Aiding mar-
riage of
feeble-
minded.

Admissions
for compen-
sation.

Support
inmates.

H. L.--S

130

HEALTH LAWS OF KENTUCKY

Non-resi-
dents.

Discharge
of inmates.

board may fix the rate to be paid for the support of a
person by his committee or by relatives liable for such
support, or by those not liable for such support, but
willing to assume the cost thereof; but such rate shall
be sufficient where possible to cover a proper pro-
portion of the cost of maintenance and of necessary
repairs and improvements.

35. If an order be issued by any judge commit-
ting to a State institution for the feeble-minded, epilep-
tic or insane a poor or indigent person who has not
acquired a legal residence in this State, the State Board
of Control shall return such mentally defective per-
son, either before or after his admission to the insti-
tution, to the country or State to which he belongs,
and for such purpose may expend so much money ap-
propriated for the care of feeble-minded and insane
persons as may be necessary.

36. Whenever in the judgment of the superin-
tendent of a State institution for the feeble-minded,
epileptic or insane a person committed as a feeble-
minded, epileptic or insane person is not feeble-mind-
ed, epileptic or insane, or the condition of an inmate
has sufficiently improved so that his discharge will not
be injurious to him or detrimental to the public wel-
fare, the superintendent, may, on filing his written
certificate with the State Board of Control, discharge
such person, unless the person is held upon an order
in an action or proceeding arising out of a criminal
offense, issued by a court having criminal jurisdiction ;
provided, however, that before making such certificate,
the superintendent shall satisfy himself by sufficient
proof that friends or relatives of the person are will-
ing and financially able to receive and properly care
for such person after his discharge, if he is unable to
care for himself. When the superintendent is unwilling
to discharge a person upon request, and so certifies in
writing, giving his reasons therefor, the judge of the
county court in the county in which the institution

HEALTH LAWS OF KENTUCKY 131

is situated may, upon such certificate and an oppor-
tunity for a hearing thereon being accorded the super-
intendent, and upon such \)ther proofs^ as may be pro-
duced before him, direct, by order, the discharge of
such person, upon such security to the people of the
State as he may require, for the good behavior and
maintenance of the person so discharged. The State
Board of Control may, by order, discharge any inmate
in its ji, improperly detained in any institution.

A poor or indigent person discharged by the superin-

lent because he is not a feeble-minded or insane
person, or !■■ he is not a proper case for treat-

ment within tin1 meaning of this act, shall be returned
to the county judge in the county from which he was
committed. A person held upon an order of a court
or judge having criminal jurisdiction, in an action or.
pro< ling from a criminal offense, may be

discharged upon the superintendent's certificate ap-
proved by the court which committed him.

ntendent or physician in charge Discharge
of a ! institution, on filing his written institution. e

cer4 ith the State Board of Control, may dis

charge any inmate whose discharge will not be detri-
to the public welfare, or injurious to the in-

•. The Buperintendenl or physician in charge of
such institution may, subject to the approval of the
board, refuse to discharge any inmate, if, in his judg-
tieh discharge will be detrimental to the public
welfare or injurious to the patient ; and if the commit-
tee or relath h inmate refuse to provide proper-
ly for his care and treatment, the superintendent or
physician in charge of such institution may apply to the
board for the transfer of such inmate to a State insti-
tution for the mentally defective. The Board of Control

Lthoriaed to make transfers from private to State

:*ut ions or physicians in charge of a licensed
private institution may grant a parole to an inmate
not exceeding six months, under general conditions

gibed by the board.

132

HEALTH LAWS OF KENTUCKY

Penalties
for viola-
tion.

Clerk to
furnish list
of pauper
idiots.

Appropria-
tions and
per capita
allowance.
Present al-
lowance
to pauper
idiots to
cease, when.

38. Whoever shall bring or cause to be brought
into any county or city of this Commonwealth from,
any State or county any feeble-minded, epileptic or
insane person with the intent to make him a charge
upon this Commonwealth shall be fined $100 or im-
prisoned three months or both, and shall further be
liable at the suit of the Commonwealth for all damages
incurred thereby, including the cost of transportation ;
and any person who shall fraudulently secure any ad-
judication that a person is a pauper imbecile with the
purpose of securing the pension provided by this act,
or shall knowingly conspire or contrive to have one
unlawfully adjudged feeble-minded or insane, shall
be subject to like penalties and damages; and any
person who shall otherwise violate any provision of
this act shall be fined not exceeding $100 or imprisoned
not exceeding three months or both.

39. The circuit clerk of each county shall trans-
mit to the Auditor on or before the tenth of Septem-
ber in each year a list of the feeble-minded paupers
in his county; and if he fails to do so without good
cause he shall be fined fifty dollars.

40. There is hereby appropriated out of the State
Treasury from moneys not otherwise expended the sum
of $25,000 for the year 1918 and $25,000 for the year
1919, to be expended in the purchase or rental of land
for a farm colony for the feeble-minded, and in the
erection of dormitories thereon ; and in addition to the
aforesaid appropriation and the presently existing ap-
propriations for the care and maintenance of the
feeble-minded, there shall be paid to the Board of Con-
trol for the erection of additional dormitories and
buildings the sum of $75.00 per year for each and every
pauper idiot or feeble-minded person hereafter com-
mitted, under the provisions of this act to said in-
stitution, the $75.00 to be in lieu of the like allowance
now paid to the parents or committees of such persons,
the said payment of $75.00, however, to cease on Jan-
uary 1, 1921.

HEALTH LAWS OF KENTUCKY

133

41. The invalidity of any part or parts of this
act shall not be construed to affect the validity of any
other part capable of having practical operation and
effect without the part or parts found to be invalid.

42. See. ions 264, 265, 266, 267, 268, 269, 270 and
271 of the Kentucky Statutes, Carroll's Edition 1915,
which concern the Kentucky Institute for Feeble-
Minded Children, and also sections 2157, 2158, 2159,
2160, 2161, 2162, 2163, 2164, 2165, 2166, 2167, 2168,
2169, 2170 and 2171, of the Kentucky Statutes, Car-
roll's Edition of 1915, which concern idiots and luna-
tics, are hereby repealed, and also all other acts or

- of acts inconsistent with this act, are hereby re-

pealr,L App eh 26, 1918.

Invalidity.

Repeals.

RULES AND EU

Under authority c< by law upon the state

board of health of K . the following rules and

regulations ar y made, established and published

trie! the dissemination of disease
anions the people of the Commonwealth, and all per-
sons and corporations are requested and directed to
comply with each and all of them under the pains and

dtiea of law.

It is recommended that t hey also be adopted by
each c board of health in the State, and

that rules having special local application be published

to time for the information
and guidance of all concern'

Rule 1. Each local board of health, county or city,
si) all elect a competent physician as the health officer
territory under its jurisdiction, and he shall, by
such election, become secretary of such board. The
name and post office address of such officer shall at
once be sent by him to the state board of health. Such
officer shall enforce the rules and regulations of the
i' health and his own board; he shall keep
a correct report of its proceedings, and of his official

Effective in

any county
only when

adopted by
•ard of
health.

Publication
of.

Election and
duties of
county
health of-
ficer.

Minutes to
bp k' •
reports of
election
made.

134

HEALTH LAWS OP KENTUCKY

Sanitary-
surveys.
Care of
public
buildings.
Nuisances.

Supervision
over school
and other
buildings.

acts, in a book provided by the local board for that pur-
pose ; lie shall report quarterly and at such other times
as may be required by the state board of health, and
perform such other duties as may be required by his
own or the state board. Local boards of health shall in
writing, recommend to their respective fiscal courts and
councils the value of the services of the health officer,
to be paid under section 2060 of the statutes.

Rule 2. The health officer shall, upon request of
the state board of health, make a sanitary survey of
the territory under his jurisdiction, for the purpose of
ascertaining the existence of conditions detrimental to
health, including in such survey, swamp lands, stagnant
ponds, collections of manure, imperfect drainage, sewer-
age, cesspools and water closets ; the construction, ven-
tilation and drainage of public buildings, schoolhouses,
prisons, hospitals, eleemosynary institutions, and such
nuisances as might prove detrimental to the public
health, and shall take proper steps to secure the abate-
ment of such nuisance or conditions. No privy vault,
or cesspool shall open into any stream, ditch or drain
except common sewers. No human excrement removed
from privy vaults, street scrapings or other refuse of
any kind from within a city or town shall be deposited
on the ground within one mile of the corporate limits of
such city or town, and only then upon a written permit
from the health officer of the county in whose jurisdic-
tion the territory lies.

Rule 3. City and county boards of health shall
exercise especial supervision over the location, con-
struction, drainage, water supply, heating, ventilation,
plumbing and disposal of excreta of the school, school-
houses, moving picture theatres, and all other public
buildings within their jurisdiction, and where any
hygiene faults exist it shall be the duty of said board
of health, upon notification of the proper authorities,
to immediately examine the same and advise and re-
quire such changes as will result in a correction of all
existing defects.

HEALTH LAWS OF KENTUCKY 135

Dangerous, Contagious, Infectious, Communicable and £°buun"
Reportable Diseases. fgSId des"

Rule 4. Communicable and reportable diseases
designated. For the purpose of these rules the term
communicable disease shall be held to include the fol-
lowing diseases, which are hereby declared to be com-
municable through the conveyance of infective organ-
isms. The communicable diseases, for convenience of
administ ration, are divided into two groups:
Chickenpoz or other eruptive disease in vaccinated

persons.
Cholera, Asiatic.

Diphtheria or Membranous Croup.
Amoebic and Bacillary.
Epidemic Cerebrospinal Meningitis.
Influenza.

Epidemic or Streptococcic, Septic, Sore Throat.
,m Bleat

Suppurative Conjunctivitis, or Ophthalmia Neona-
torum of the New-Born.

a-tvphoid Fever or other fever continued seven
da.
Pellagra.
gue.
imonia.

Uobar.
h. Bronchial or Lobular.
Poliomyelitis or Infantile Paralj
Puerperal 8 tpticaemia.

des.
Scarlet Pever or Searlatina.

ill pox.

Trachoma.
Tubercul
Typhoid Pever,

•r.
Whooping Cough.

136

HEALTH LAWS OF KENTUCKY

Maximum
period of
incubation.

Minimum
period . of
isolation.

B. Syphilis.
Gonorrhoea.
Chancroid.

Kule 5. Maximum period of incubation. For the
purpose of this rule, the maximum period of incuba-
tion, that is, between the date of the exposure to dis-
ease and the date of its development, of the following
Communicable diseases is hereby declared to be as
follows :

Chickenpox 21 days

Measles 14 day^

Mumps 21 days

Poliomyelitis, or Infantile Paralysis 14 days

Scarlet Fever, or Scarlatina 7 days

Smallpox 20 days

Wli ooping Cough 14 days

Rule 6. Minimum period of isolation. The mini-
mum period of isolation, within the meaning of these
rules shall be as follows:

Chickenpox, until twelve days after the appear-
ance of the eruption and until the crusts have fallen
and the scars are completely healed.

Diphtheria, mebranous croup, until two successive
negative cultures have been obtained from the nose
and throat at intervals of not less than twenty-four
hours, the first of such cultures being taken not less
than nine days from the day of the onset of the dis
ease.

Epidemic cerebrospinal meningitis, until two
weeks after the temperature has become normal or
until three successive cultures, obtained from the naso-
pharynx at intervals of not less than five days, shall
be found free of meningococci.

Measles, until at least five days after the appear-
ance of the rash.

Mumps, until two weeks after the appearance of
the disease and one week after the disappearance of the
swelling.

HEALTH LAWS OF KENTUCKY

131

Poliomyelitis, acute anterior or infantile paralysis,
until three weeks from the day of the onset of the dis-
ease.

Scarlet fever, until thirty days after the develop-
ment of the disease and until all discharges from the
nose, ears and throat, or suppurating glands have
ceased.

Smallpox, until fourteen days after the develop-
ment of the disease and until scabs have all separated
and the scars completely healed.

Typhoid or para-typhoid fever, if the patient's

occupation involves the handling of milk, dairy prod-

or other food, until all signs of the disease, or all

secondary or complicating infections incited by the

agents of these diseases, have disappeared, and until

successive sp of the intestinal discharges

of the patient have been taken at an interval of not

and have been examined in State

h laboratories or another laboratory approved

by the state board of health and found to be free from

typhoid or para-typhoid bacilli.

Whooping cough, until eight weeks after thevde-
velopment of the disease or until one week after the

7. Any physician who treats or examines a

>n in any <-ount\ in Kent in-ky ami who makes
a diagnosis of, or has reasonable grounds for suspect-
ing tence of, any one of the diseases named in
Rule 4, shall report the same to the county or city
health officer within whose jurisdiction the case occurs,
where a physician is not called, the head of the

ily shall make said report, ami any head of a

who wilfully fails or J, or any physician

fuse to report to the local board of
of the above n seases,

HO nor more than *100 for Penalties,
tfl or refuses to report, and repeated
• •in provided, including repor

Commun-

ic.il.i. nis-

• , be
i. p.irtpd by
phyi iHans
and heads
of families.

138 HEALTH LAWS OF KENTUCKY

of births and deaths, shall be sufficient cause for the
revocation of a physician's certificate to practice med-
icine in this Commonwealth.

Facts to be Rule 8. The report of the existence of any of the

reported. , . * *

Free diseases named in the preceding rule shall be sent in

postage. . r °

writing on blank cards not requiring postage to the
local county or city board of health by mail, or in
emergency may be telephoned, but in all such cases
shall be confirmed by mail. Each such report for each
case shall include the following facts: Date, name of
disease, patient's name, address, age, sex, color, school
and teacher, if any, place of employment, name and
address of the physician or other person making the
report.

in etheSeivew- ^u*e ^' Whenever a person is known,* or is

imperative suspected, to be afflicted with a reportable and noti-

phys^cians fi&ble disease, or whenever the eyes of an infant under

an^^unfes. two wee^s of age become reddened, inflamed or

swollen, or contain an unnatural discharge, and no

physician is in attendance, an immediate report of the

existence of the case shall be made to the local health

officer by the midwife, nurse, attendant or other person

in charge of the child.

r^port^sus1-0 Rule ^' Teachers, or other persons employed in,

ineCschoofsSes or in charge of, public or private schools, shall report
?irSfsShed be immediately to the local health officer each and every
known or suspected case of a notifiable disease in per-
sons attending or employed in their respective school ;
provided, the local health officer shall furnish such
teacher or other person with blanks for mailing, which
shall not require the expenditure of money for postage,
state Board Rule 11. The written reports of the cases of

to furnish notifiable and reportable diseases required by the stat-

blanks. A , _ ....

county and utes and these rules and regulations of physicians,

city health , ., , ,. -, ,. , . ,

officers to shall be made upon blanks supplied, for the purpose,

report

weekly, in- through the local health authorities, by the state board

eluding ° ' J

measures of 0f health. These blanks shall conform, in general, to

prevention °

adopted. those adopted and approved by the State and Territor-

HEALTH LAWS OF KENTUCKY

139

ial Health Authorities in conference with the United
States Public Health Service. Each county or city
health officer shall mail to the state board of health
in an addressed envelope, which shall be furnished
him for the purpose, all original reports received by
hi in at the close of business on each and every Satur-
day, and at the proper place on each said report he
shall note what measures were taken to prevent the
spread or occurrence of additional cases. Each viola-
tion of these rules which becomes known to the health
officer of any city or county shall be brought to the
attention of the county or district attorney having
jurisdiction, with the request to prosecute the same.

Rule 12. Reporting cases of communicable disease
in institutions. It shall be the duty of the superin-
tendent or person in charge of every hospital, other in-
stitution, or dispensary, to report to the local health
officer, within whose jurisdiction any such hospital,
institution, or dispensary is located, the full

, age, and address of every person under his
charge affected with a communicable disease, together
with the name of the disease, and the name and address
6f th i or organisation in whose care the case

was iinin o admission or by whom the

was referred, within twenty-four hours from the
time when the ease tirst develope or is first admitted to
Bueh hospital, other institution, or dispensary. Such
report shall be by telephone or telegram, when prae-
ticable. and shall also be made in writing.

Etale L3, Reporting cases of disease presumably
communicable in schools. When no physician is in at-
tendance, it shall be the duty of every teacher to re-
port forthwith to the principal or person in charge
of the sehool all the illness and phy-

sical condition of any child in such school who appears
to be affected with adi presumably communicable.

It shall be the duty of the principal or person in charge
of any school to report forthwith to the local health
officer all fa^ts- relating to the illness and physical

Reporting
com-
municable
disease in
institutions.

r. tenor to
i eport dis-

pre-
Mumably
communi-
cable.

Principal
tO r- port to

health

officer.

140

HEALTH LAWS OF KENTUCKY

Householder
to report
cases of dis-
ease pre-
sumably
communi-
cable.

Nurses and
persons in
charge of
camps to
report cases
of disease
presumably
f"^"s muni-
cable.

Reporting
cases of
disease pre-
sumably
communi-
cable on
vessels.

condition of any child attending such school, who ap-
pears to be affected with any disease presumably com-
municable, together with the name, age, and address
of such child. Such child shall be at once sent home or
isolated.

Eule 14. Reporting cases of disease presumably
communicable in private households, hotels, boarding
and lodging houses. When no physician is in attend-
ance, it shall be the duty of the head of a private house-
hold or the proprietor or keeper of any hotel, board-
ing house, or lodging house, to report forthwith to the
local health officer all facts relating to the illness and
physical condition of any person in any private house-
hold, hotel, boarding house or lodging house under his
charge, who- appears to be affected with any disease
presumably communicable, together with the name of
such person.

Eule 15. Reporting cases of disease presumably
communicable by nurses and persons in charge of
camps or health resorts. It shall be the duty of every
visiting nurse and public health nurse and of the per-
son in charge of any health resort or labor or other
camp, having knowledge of any person affected with
any disease presumably communicable, who by reason
of the danger to others seems to require the attention
of the public health authorities, to report at once to
the local health officer, within whose jurisdiction such
case occurs, all facts relating to the illness and physical
condition of such affected person.

Rule 16. Reporting cases of disease presumably
communicable on vessels. It shall be the duty of the
master or person in charge of any vessel lying within
the jurisdiction of the State to report or cause to be
reported immediately in writing to the local health
officer having jurisdiction at such ports or landings
all facts relating to the illness and physical condition
of any person in or on such vessel affected with any
disease presumably communicable, together with the
name of such affected person.

HEALTH LAWS OF KENTUCKY

141

Rule 17. Reporting cases of communicable dis-
ease on dairy farms by physicians. When a case of
Asiatic cholera, diphtheria, amoebic or bacillary dysen-
rospinal meningitis, epidemic or
septic sore throat, para-typhoid fever, poliomyelitis,
anterior, scarlet fever, smallpox, or typhoid
fever on any farm or dairy producing milk,

i). butter, or other dairy products for sale, it shall
be the duty of the physician in attendance to report
ediately to the local health officer the existence on
sue] or dairy of such case.

It shall be the duty of the health officer to report

diately to the state board of health, by tele-

phone or bence oil such farm or

of auch ei with all facts as to the

ion of such case, and giving the names of the

localities to which such dairy products are delivered.

Rule 18. Reporting cases of disease presumably

communicable on dairy farms by owner or person in

charge. When no physician is in attendance, it shall

ity of ili." owner «>r person in charge of any

dairy producing milk, cream, butter, cheese,

aer food products likely t<> be consumed raw, to

ilt h officer the name
and addl \U relating to the illness and

dition of any person, who is affected with
any d My communicable, and who is cm-

ployed or r< h farm or dairy, or

comes in contaej in any way therewith or with ils

«!e ID. Diphtheria; material for cultures to be
submitted. In en biefa there is rea-

son I diphtheria, it shall l>e the duty of

ling physician or. if the local health author-
equire, of the health officer promptly to take
irial for cultures from the throat of the suspected
me for examination to a State,
county, or munici logical laboratory, or to

a laboratory approved by tl, Hoard of Health.

Reporting1
communi-
cable dis-
ease on

dairy tarms,
by physi-
cians.

Reporting:
disease pre-
sumably
communi-
cable on

dairy f.inn,
by owner
or person in
charge.

Cultures
when there

on to

■U0IX

diphtheria.

142

HEALTH LAWS OF KENTUCKY

How to ob-
tain free
antitoxins
and vac-
cines.

Ioslation in
oases of
communi-
cable dis-

Adults not
to be quar-
antined in
certain
cases.

Rule 20. Whenever any legally registered phy-
sician practicing in any county or city shall certify
to the local health officer having jurisdiction that any
indigent person or any other person in whom disease
endangers the public health in, or residing within, its
jurisdiction is suffering from any contagious and in-
fectious disease which requires antitoxin or vaccine
for its treatment', such as diphtheria, or has been ex-
posed thereto or is in imminent danger of contracting
it, thereby endangering the health and lives of the
people of county or city, the health officer shall, with
the approval of the county judge or mayor, provide and
furnish such person or persons with diphtheria or other
antitoxin or vaccine at the expense of the county or
city in such amount as may be deemed necessary by
the health officer.

Rule 21. Typhoid or para-typhoid fever; samples
of blood to be submitted. In every case of illness which
there is reason to suspect may be typhoid or para-
typhoid fever it shall be the duty of the attending
physician to take a sample of the blood of the sus-
pected person and submit the same for an agglutina-
tion test to a State, county or municipal bateriolog-
ical laboratory or to a laboratory approved by the State
Board of Health.

Rule 22. Isolation of persons affected with com-
municable diseases. It shall be the duty of every phy-
sician, immediately upon discovering a case of com-
municable disease, to secure such isolation of the
patient, or to take such other action, as is required by
the special rules and regulations which from time to
time may be issued by the local health authorities or
by the State Board of Health.

Rule 23. Adults not to be quarantined in cer-
tain cases. When a person affected with a communi-
cable disease is properly isolated on the premises, ex-
cept in cases of smallpox, adult members of the family
or household, who do not come in contact with the
patient or with his secretions or excretions, with the

HEALTH LAWS OF KENTUCKY

143

approval of the health officer, may continue their
usual vocations, provided such vocations do not bring
them in close contact with children, nor require that
shall handle food or food products intended for
sale.

Rule 24. Removal of cases of communicable dis-
ease. After isolation by the local health officer no per-
son, without permission from him, shall carry, remove,
or cause or permit to be carried or removed from any
room, building, or vessel any person affected with
diphtheria, Bearlet fever, smallpox, or typhus fever.
Without permission from the local health officer
no person shall carry, remove, or cause or permit to
be carried or removed from or to any hotel, boarding
house, lodging house, or other dwelling, any person
affected with chickenpox, diphtheria, epidemic cere-
brospinal meningitis, epidemic or septic sore throat,
measles, mumps, poliomyelitis, or infantile paralysis,
scarlet fever, smallpox, typhus fever, or influenza or
whooping cough.

Without permission from the local health officer
no master of any vessel or other person shall remove
or aid in removing, or permit the removal, from any
mi< h '-ore of any person affected with

any communicable d

Rule 25. Removal of articles contaminated with
infective material. Without instruction from the

hall carry, remove, or cause
or permit to be carried or removed from any room,
building, or vessel, any article which lias been sub-
to contamination with infective mat. -rial tin'
contact with any person or with the secretions of any
with Asiatic cholera, diphtheria, scar-
let fever, smallpox, byphoi a, pneumonia
pus fever, until such article has been disinfected
according to the special rules and regulations of the
state board of health.

Without permission of the local health officer no
master of any vessel or othor person shall remove or

Removal
cases of
communi-
cable dis-

ci:

From hotel,

boarding or

lodging

house.

From

vessels.

Removal of
;ui ioles
contami-
nated with
infective
rial.

From

••Is.

144

HEALTH LAWS OF KENTUCKY

Right of
entrance
smd inspec-
tion, health
oflicer,
nurse, etc.

Physician
to give in-
structions
in regard to
disinfection
and disposal
of excreta.

Physician
to give in-
structions
as to disin-
fection of
discharges.

aid in removing or permit the removal from any such
vessel to the shore of any article which has been sub-
ject to contamination with infective material through
contact with any person or with the secretions of any
person affected with Asiatic cholera, diphtheria, scarlet
fever, smallpox, typhoid fever, or typhus fever.

Rule 26. Right of entrance and inspection. No
person shall interfere with or obstruct the entrance
to any house, building, or vessel by any inspector or
officer of the State or local health authorities, in the
discharge of his official duties, nor shall any person
interfere with or obstruct the inspection or examination
of any occupant of any such house, building, or vessel
by any inspector or officer of the State or local health
authorities, in the discharge of his official duties.

Rule 27. Instructions as to disinfection of ex-
creta in Asiatic cholera, dysentery, para-typhoid fever,
and typhoid fever. It shall be the duty of the physi-
cian in attendance on any case suspected by him to
be Asiatic cholera, dysentery, para-typhoid fever, or
typhoid fever, to give detailed instructions to the
nurse or other person in attendance in regard to the
disinfection and disposal of the excreta. Such instruc-
tions shall be given on the first visit, and shall con-
form to the special rules and regulations of the State
Board of Health. It shall be the duty of the nurse
or person in attendance to carry out the disinfection
in detail until its discontinuance is permitted by the
local health officer.

Rule 28. Instructions as to disinfection of dis-
charges in diphtheria, epidemic cerebrospinal men-
ingitis, epidemic or septic sore throat, measles, polio-
myelitis or infantile paralysis, scarlet fever, small-
pox, whooping cough, influenza and pneumonia. It
shall be the duty of the physician in attendance on any
case suspected by him to be diphtheria, epidemic cere-
brospinal meningitis, epidemic or septic sore throat,
measles, poliomyelitis or infantile paralysis, scarlet
fever, smallpox, whooping cough, influenza and pneu-

HEALTH LAWS OF KENTUCKY

146

monia, to give detailed instructions to the nurse or
other person in attendance in regard to the disinfec-
tion and disposal of the discharges from the nose,
mouth and ears of the patient. Such instructions shall
be given on the first visit and shall conform to the spe-
cial rules and regulations of the state board of health.
It shall be the duty of the nurse or person in attend-
ance to carry out the disinfection in detail until its
discontinuance is permitted by the local health officer.
Rule 29. Precautions to be observed by physi-
cians and attendants. The physician or nurse or other
neeessary attendant upon a case of diphtheria, measles,
or scarlet fever in and after attendance upon the case,
shall in their r robes and take all pre-

cautions and practice measures of cleansing or disin-
fects ' is or her person or garments to prevent
tli.' conveyance to otli material from the
tit.

Distribvticn of circulars. It shall be
the duty of every health officer, as soon as a case of

Mai meningitis, epi-
tic sore throat, measles, is, or

tlysis, scarlet fe Mallpox, typhoid

phus fever, influenza, pneumonia, or whooping
cough is reported to him, or as soon thereafter as pos-
sible, to give every family or ing in the
building, in which such case is, the circulars
ii and copies of a

language understoo ich individual

conc< ises which may be issued by the

'(1 «»f heall local health author

very family or In-
divid ring in the house of I *ence of such
ase.

le 81. Posting placards. When a ease of diph-
ia, epidemic ce inal meningitis, mei

i&» scarlet fever, small-
whooping COUgh, or typhus fever exists in any
house, oi apartment, or room, it shall bo the duty of

Precautions
by physi-
cians and
att< adanta.

Health offi-
eer to
tribute cir-
culars.
t. nanta to
be notified.

Poatinc
placardi,

146

HEALTH LAWS OF KENTUCKY

Preventing
spread of
communi-
cable dis-
ease in in-
stitutions.

the health officer to post upon such house, or apart-
ment, or room, or rooms, in which such case is isolated,
near the entrance thereof, a placard stating the ex-
istence therein of a communicable disease.

\v"itnrfTa-uce' ■Kule ^' Interference with placards. No person
cards. shall interfere with or obstruct the posting of any

placard by any health authority in or on any place or
premises, nor shall any person conceal, mutilate, or
tear down any such placard, except by permission of
the health authority.

In the event of such placard being concealed,
mutilated, or torn down, it shall be the duty of the
occupant of the premises concerned immediately to
notify the local health officer.

Rule 33. Preventing the spread of communicable
diseases in institutions. It shall be the duty of the
superintendent or person in charge of any hospital,
or other institution, or dispensary, in which there is
a person affected with any communicable disease, to
take such steps as will, so far as practicable, prevent
the spread of infection and trace its original source.

Rule 34. Isolation wards required for institu-
tions for children. Every institution for children, in
which twenty or more children sleep, shall be provided
with at least one isolation ward, or room or apartment
or tent, so related to the rest of the building as to
make proper isolation therein practicable.

Rule 35. Exposure of persons affected with com-
municable disease. No person shall permit any child,
minor or other person under his charge, affected with
diphtheria, measles, poliomyelitis, acute anterior or
infantile paralysis, scarlet fever, smallpox, typhus
fever, influenza or pneumonia, to associate with others
than his attendants.

No person affected with any of said diseases shall
expose himself in such manner as to cause or contri-
bute to, promote or render liable their spread.

Isolation
wards re-
quired for
institution
for
children.

Exposure of
persons af-
fected with
communi-
cable dis-
ease.

HEALTH LAWS OF KENTUCKY

147

Rule 36. Needless exposure to communicable dis-
ease forbidden. No person shall expose or permit the
visiting, association, or contact of any child, minor, or
other person under his charge, with any person affected
with influenza, pneumonia, diphtheria, measles, scarlet
. smallpox, typhus fever, whooping cough, sy-
philis, gonorrhoea, or chancroid in the infective stages,
or with discharges of any kind from the person of a
patienl affected with any of said diseases.

N edlessly expose himself, or visit,

or associate, or com.' in personal contact with, a case of
ses, or the discharges therefrom, or
in any manner i contribute to, promote or

pread thereof.
Rule ;i7. Exclusion from school of cases of dis-
ease presumably communicable. It shall be the duty of
the principal or other person in charge of any public,
private, or Sundi iclude therefrom any

child or o;her person affected with a disease presum-
ably communicable until such child or other person
shall hav a certificate Issued by the health

officer or medical inspector, or by the attending phy-
i and count, i by the health officer or by the

- that such child or other per-
'it liable to convey infective material.
Knle 38. Exclusion from schools and gatherings
of cases of certain communicable diseases. No i

apox, diphtheria, epidemic cere-
brosp' influenza, epidemic or septic sore

poliomyelitis
or infantile paralysis, scarlel fever, nnall-pox, trach-
oma, or v iirh. shall attend or be permitted
to attend any public, private, or Sunday school, or any
public or private ura' Such exclusion shall be
for such time and and ondit ions as may be pre-
scribed by the local health authorities, not inconsistent
with the provisions of the rales and regulations of tho
of health.

Needl<

exposure to
communi-
cable dis-
ease for-
bidden.

Inclusion
from

schools or
Sunday
school, dls-

pre-
■umably
communi-
cable,

Kxdusion
from
school
s/atherinrs,
certain com-
municable
diseases.

148

HEALTH LAWS OF KENTUCKY

Exclusion
from

schools of
children of
households.

Chickenpox
German
measles,
mumps,
whooping-
cough.

Smallpox,
removal,
or isolation,

Vaccination
or quaran-
tine of in-
mates of
household.

Rule 39. Exclusion from schools and gatherings
of children of households where certain communicable
diseases exist. Every child who is an inmate of a
household in which there is, or has been within fifteen*
days, a case of influenza, chickenpox, diphtheria, epi-
demic cerebrospinal meningitis, German measles, meas-
les, mumps, poliomyelitis or infantile paralysis, scarlet
fever, smallpox, or whooping cough, shall be excluded
from every public, private, or Sunday school and from
every public or private gathering of children for such
time and under such conditions as may be prescribed
by the local health authorities, not inconsistent with
the provisions of this code or the special . rules and
regulations of the state board of health.

Rule 40. Precautions to be observed in chicken-
pox, German measles, mumps, and whooping cough.
No person affected with chickenpox, German measles,
mumps, or whooping cough shall be permitted to come
in contact with or to visit any child who has not had
such disease or any child in attendance at school.

Rule 41. Isolation or removal m smallpox. It shall
be the duty of every health officer, in his discretion,
whenever a case of smallpox occurs in his jurisdiction,
if a suitable isolation hospital is available, to remove
or cause to be removed such case promptly thereto.
Every inmate of the household where such case occurs,
and every person who has had contact with such case,
or with his secretions or excretions, shall be either
vaccinated within three daj^s of his first exposure to
the disease or placed under quarantine, and, when
vaccinated, the name and address of such inmate or
other person shall be taken and such inmate or other
person shall be kept under daily observation. Such
observation shall continue until successful vaccination
results, or for at least twenty days. If such inmate or
other person refuse to be vaccinated, he shall be quar-
antined until discharged by the local health officer.

If there is no isolation hospital available, the
patient shall be isolated and every inmate of the house-

HEALTH LAWS OF KENTUCKY

140

hold shall be vaccinated or strictly quarantined until
discharged by the local health officer.

Whenever a case of smallpox occurs in his juris-
diction, it shall be the duty or' the local health officer
to use all diligence in Becuring the names and addresses
of all persons who have had contact with such case,
and in causing such persons to be either vaccinated or
placed under quarantine.

Rule 42. Provision for free vaccination. It shall
be the duty of the board of health of every county or
municipality to provide, at public expense, free vac-
cination for all indigent persons in need of the same.
Rule 43. Removal to hospital or isolation and
restriction of visiting in certain cases. It shall be the
duly of the health officer to remove, or cau^<' to be re-
casc of diphtheria, measles, scarlet fever
acute anterior, infantile paralysis
ptly to a suitable hospital, or to see that such
Such isolation shall be main-

d until i ntinuanee is permitted by Iho

health officer. No -lie physician and the

.'! in attendance, shall be per-
mitted to come in ail a case of diph-
theria let fever or poliomyelitis, acute
or infantile part

Quarantine in certain emergencies.

When any case of diphtheria, • -pidemic c pinal

les, scarl poliomye-

atile par or typhus

I on the

lation

luty of the loeal health officer

i leaving

the ; h conditions as pro-

lies.
45. Handling of food forbidden in certain
cases. N< I with any communicable

shall handle food or food produefs intended for

Vaccination
or quaran-
tine of con-
tacts.

Board of
health to
provide free

vaccination.

Removal to
al or

laolal Ion.
tctiOH

of visting.

ntino
of < ntire
i Mold,

in « raer-

!OS.

Handling
of food
forbidden.

150

HEALTH LAWS OF KENTUCKY

Carriers
of disease
subject to
rules and
regulations
of state de-
partment.

Duties of
physicians
and others
concerning
tubercu-
losis.

Duties of
health
officer con-
cerning1 ap-
parent case
of tuber-
culosis.

Previously
reported by
physician.

sale, which are likely to be consumed raw or liable to
convey infective material.

No person who resides, boards or lodges in a house-
hold where he comes in contact with any person af-
fected with bacillary dysentery, diphtheria, epidemic
or septic sore throat, measles, scarlet fever, poliomye-
litis, acute anterior, or infantile paralysis, or typhoid
fever, shall handle food or food products intended for
sale.

No waiter, waitress, cook, or other employee of a
boarding house, hotel, restaurant, or other place where
food is served, who is affected with any communicable
disease, shall prepare, serve, or handle food for others
in any manner whatsoever.

Rule 46. Carriers of disease germs. Any person
who is a carrier of the disease germs of Asiatic
cholera, bacillary dysentery, diphtheria, epidemic
cerebrospinal meningitis, poliomyelitis or infantile
parah'sis, or typhoid fever, shall be subject to the
special rules and regulations of the state board of
health.

Rule 47. Duties of physicians and other persons
concerning tuberculosis. It shall be the duty of every
physician or other person required to perform any duty
under any section of the Kentucky Statutes, providing
for the reporting and control of cases of tuberculosis,
to take all steps incumbent on him and necessary to
carry into effect the provisions of the said law.

Rule 48. Duties of health officer on receiving re-
port of apparent case of tuberculosis. Upon receiving
a report in writing of an apparent case of tuberculosis,
as authorized by the public health law, the health of-
ficer shall thereupon take the following steps:

1. If the alleged case has been previously re-
ported to him by a physician as having tuberculosis
and the latter has elected to assume the sanitary super-
vision thereof as permitted in the public health law,
the health officer shall ascertain promptly whether

HEALTH LAWS OF KENTUCKY

151

such physician is maintaining proper sanitary super-
vision.

2. If the alleged case has not been previously
reported to him as having tuberculosis, the health
officer shall, in conjunction with the reporting or fam-
ily physician, if any, take proper measures to determine
whether there is reason to believe such person is af-
fected with pulmonary tuberculosis and if by suitable
physical or sputum examination, or both, he ascertains
that the person is affected with pulmonary tuberculosis
he shall then proceed in accordance with the provisions

of the public health law and the rules of the Btatc
board of health.

3. It shall be the duty of every health officer, if
.he ascertains that a physician has failed to report a

case of communicable disease, to inform the physician
of his failure to conform with the law, and to report
to the State Board of Health the name of every phy-
sician failing to report cases of communicable dis-
eases.

Kule 49. Cleansing, renovation, and disinfection
required. Adequate cleansing of rooms, furniture
belongings, when deemed necessary by the local health
officer, or required by law, shall immediately follow
ath, or removal of a person affected
with a communicable disease. Such cleansing shall
be performed by and at of the occupant

of sai<l premises, upon the order and under the direc-

of the local health officer or his assistants.

Kule 50. Methods and precautions in cleansing,
renovation and disinfection. The following methods
and precautions shall be <»hserved in cleansing, reno-
vation and disinfects

(a) Cleansing shall be secured by the thorough
removal of dust and other contaminating material in
such a way as to prevent the entry thereof, as far as
may be possible, into other rooms or dwellings; wash
ing with soap and water; scouring; airing; and ex-

Not previ-
ously re-
ported by
physician.

Delinquent
physicians
to be re-
ported to
state de-
partment.

Cleansing:,
at expense
of occupant
of prem-
ises.

Cleansing,
methods
and pre-
cautions.

152

HEALTH LAWS OF KENTUCKY

Renovation,
methods
and precau-
tions.

Disinfec-
tion,
methods
and precau-
tions.

Destruction
of furni-
ture, cloth-
ing-, etc.,
upon order
of health
officer.

Cleansing-
and disin-
fection of

posure to sunlight; in accordance with the special
rules and regulations of the state board of health.

(b) Renovation shall be secured by removing old
paper from walls and ceilings and repainting, recalc-
mining, or repapermg ox wans, ceilings, and woodwork
as may be ordered by the local health officer in ac-
cordance with the special rules and regulations of the
state board of health.

(c) Disinfection of rooms shall be secured by the
use of such disinfecting agents in such quantities and
in such manner and of such sterilizing procedures as
may be ordered by the local health officer, in accord-
ance with the special rules and regulations of the
state board of health. When gaseous disinfectants
are to be used, all cracks, crevices, and openings into
the room shall first be pasted over with paper. There'-
after all rugs, carpets, upholstered furniture, and such
textile fabrics in the said room as cannot, in the opin-
ion of the local health officer, be washed or soaked in
a disinfecting solution, may be removed for disin-
fection by steam when ordered by the local health
officer, in accordance with the special rules and regu
lations of the state board of health. Thorough
cleansing, the use of soap and water, and full ex-
posure to fresh air and sunlight for a few days are
most efficient means of removing infective material,
not only from the walls and floors of rooms, but also
from furniture and other articles.

Rule 51. Destruction of furniture, clothing and
other articles. Furniture, bedding, clothing, carpets,
rugs, and other articles, which may have been contami-
nated with infective material from any case of diph-
theria, scarlet fever, or smallpox, and which are of
such a nature or in such condition that they cannot,
in the opinion of the local health officer, be properly
cleansed, disinfected, or sterilized, shall upon his
order be destroyed in the manner designated by him.

Eule 52. Cleansing and disinfection of the per-
son. It shall be the duty of the patient, upon con-

HEALTH LAWS OF KENTUCKY

153

valescence or recovery from any communicable dis-
ease, and of the nurse or persons in attendance on such
case, throughout the course of the disease as well as

9 close, suitably to cleanse and, when necessary, to

feet their persons in accordance with the manner
prescribed by the special rules and regulations of the
state board of health.

Rule 53. Letting of rooms forbidden while con-
taminated with infective material. No proprietor of
a hotel, boarding house, or lodging house shall let for
hire or cause or permit anyone to occupy a room or
occupied by a person affected
with influenza, pneumonia, diphtheria, epidemic cere-
brospinal meningitis, measles, poliomyelitis or infan-
. scarlet fever, smallpox, tuberculosis, or
typhus fever, until such room or apartment has been

sed, renovated, or disinfected, under the direction
of the local health officer.

When an order requiring the cleansing, renova-
tion, or d "f articles or not com-
plied with, the local health officer shall post a placard
on the premises, reading as folio?

<•: These aparl have (or this room

has) been occupied by a p ffected with

a in be occupied until orders
taction have been
complied with. This notice must not 1»" removed under
penalty of the law.
Date

Health Officer."

Rule 54. Duties of common carriers during epi-
demics. Whenever I >ard of health shall
public declaration of the existence of an epi«
ic of a communicable disease in any municipality,
mall notify the l"<-;il health board or officer of
such declaration the state board of health may de
clare. declaration shall have the force and ef-
fect of law, that no common carrier shall receive or

persoh by

patient,
nurse, etc.

Occupation
of rooms
forbidden
until
cleansed,
renovated or
disinfected.

Health

officer may

placard

premises.

Putins Of

common
carriers

epidemics.

154 HEALTH LAWS OF KENTUCKY

admit any person for carriage or transportation in
such municipality except upon the presentation and
surrender to the agent, conductor, or other person in
charge of the conveyance, in which such person desires
to travel, or a certificate by the local health officer to
ihe effect that such person is, in the opinion of the
officer issuing the same, free from the disease theu
epidemic, and that such person may be received and
carried without danger to the general public health,
and giving in plain, legible writing the name, residence,
and place of destination of such person; and said
declaration may further provide that no person shall
board or enter any such conveyance without such cer-
tificate.

Such certificate shall be filed in the office of the
state board of health by the common carrier receiv-
ing the same within thirty-six hours after the receipt
therof.

The provisions of this regulation shall not apply
to common carriers carrying passengers wholly within
the limits of the municipality affected.
byacommon Rule 55. Placarding by common carriers. When

the declarations are made as provided in the preced-
ing regulation, and a common carrier of passengers
or an officer or agent thereof is notified by the state
board of health or by the local health officer of such
declaration, it shall be the duty of such common carrier
of passengers operating public conveyances in any
such municipality to forthwith conspicuously place or
post in every station, within such area as the state
board of health may designate, and in every con-
veyance the placard herinafter described, and to keep
the same posted until the epidemic is declared ended
by the state board of health :

"Warning

There is an outbreak of in

(give name of the disease and of city, town or village)
Passengers are cautioned.

State Board of Health."

by common
carriers

HEALTH LAWS OF KENTUCKY

155

Said placard shall be in heavy block letters in red
ink on a white background, with each letter not less
than two inches in height and one and a half inches in
width, and shall be posted so that the same shall be
in plain view of passengers when they are seated.

Any common carrier aforesaid entering any such
municipality shall post such placard in such convey-
ance in the manner aforesaid at least one hour before
arriving in any municipality in which an epidemic is
declared to exist, and shall keep the same posted not

than half an hour after departing therefrom.

Rule •"><;. Duties of undertakers. It shall be the Duties of
duty of every undertaker taking charge of the prepara- takers.
tion for burial oi the body of any person to ascertain
whether Bach person died of a communicable disease
and it' Bach person died of Asiatic cholera, diphtheria,
[emic cerebrospinal meningitis, glanders, plague,
scarlet fever, smallpox, or typhus fever it shall be his
dnt; immediately to be wrapped in a sheet

saturated with disinfecting solution and promptly

rafter pis 1 in a coffin or casket, which shall

then he immediately and permanently closed. This reg-
ulation shall not he construed to prohibit the embalm-
ing of any such body, bat the undertaker shall cause
inch embalming to be done immediately upon taking
charge of the body, except that, when a permit for
embalming is required, this shall not proceed until
the receipt of such permit. But immediately after the
embalming ho shall cause rash body to be wrapped in
a sheet and plae.d in a coffin or casket as hereinabove
directed.

After handling, embalming, or preparing for burial
the body of a person dead of any of the communicable
i ted in this regulation, such parts of
the persons, g . and nt< n^ils or other articles of

the undertaker or his a *, as may have been

liable to contamination with infective material, shall be
immediately cleansed or disinfected or sterilized in the

Embalm-
ing.

156

HEALTH LAWS OP KENTUCKY

Public
funerals
forbidden
in certain
cases.

manner prescribed by the rules and regulations of the
State Board of Health.

Rule 57. Public funerals forbidden in certain
cases. A public or a church funeral shall not be held
of any person who has died of diphtheria, measles, scar-
let fever, smallpox, or typhus fever, unless the body
is enclosed in a properly sealed casket, and the con-
sent of the local health officer has first been obtained.

THE VENEREAL DISEASES.

All venereal
diseases to
be reported.

Information
to be given
patient.

Health

officer to

investigate.

Syphilis,

gonorrhea

and

chancroid.

Rule 58. Any physician or other person who
makes a diagnosis in, or treats, a case of syphilis,
gonorrhea or chancroid, and every superintendent or
manager of a hospital, dispensarj^, or charitable or
penal institution, in which there is a case of venereal
disease, shall report such case immediately in writing
to the local health officer, stating the name and address
or the office number, age, sex, color and occupation
of the diseased person, and the date of onset of the
disease, and the probable source of the infection, pro-
vided, that the name and address of the diseased per-
son need not be stated except in a sealed envelope and
sent to the local health officer, who shall report weekly
on the prescribed form to the state board of health,
all cases reported to him.

Rule 59. Patients to be given information. It
shall be the duty of every physician and of every other
person who examines or treats a person having syphilis,
gonorrhea or chancroid, to instruct him in measures
for preventing the spread of such disease, and inform
him of the necessity for treatment until cured, and
to hand him a copy of the circular of information ob-
tainable for this purpose from the state board of
Health.

Rule 60. Investigation of cases. All city, county,
and other local health officers shall use every available
means to ascertain the existence of, and to investigate,
all cases of syphilis, gonorrhea and chancroid within

HEALTH LAWS OF KENTUCKY 117

ir several territorial jurisdictions, and to ascertain
the sources of such infections. Local health officers
are hereby empowered and directed to make such
: ii nations of persons reasonably suspected of hav-
syphilia, gonorrhea, or chancroid, as may be nec-
essary for carrying out these regulations Owing to the
valence of such diseases among prostitutes and per-
with them, all such persons are to be
considered within the above class.

Bale 61. Submitting specimens for laboratory ex- Reporting
animation in cases of syphilis, gonorrhoea and chan- pnyaieians.
croid. Tt shall be the duty of every physician to sub-
promptly to the laboratory of the state board of
health or to a laboratory approved by such board for
this purpose, rach specimens for laboratory examina-
■h data relating thereto, as may be prescrib-
;u the special rules and regulations issued by the
ealth, ft itih

any one of the communicable diseases mentioned in
role 4, group B, or from any person in whom suspicion
h disease ex:
Knl.' 62. Protection of others from infection by
venereally diseased persons. Upon receipt of a report

hall he the duty of the
1 health officer to i* >r the pro-

>m infection by such ven-
ereally d -on.

a. Loeal health officers are authorized and di-
tarantine p» n ho have, or are reason -

• el, aneroid

r. in th( opinio id local health <>ffi-

' of health or its ry,

qua ion of the pnb-

lie health. In i inc quai he health offi-

the limits of the area

in which the person known to have or reasonably

BUS] i liea, or chancroid

immediate mt are to be quarantined

and do peraons other than the attending physician

158 HEALTH LAWS OF KENTUCKY

shall enter or leave the area of quarantine without the
permission of the local health officer.

No one but the local health officer shall term-
inate said quarantine, and this shall not be done until
the diseased person has become non-infectious, as de-
termined by the local health officer or his authorized
deputy through the clinical examination and all nec-
essary laboratory tests, or until permission has been
given him so to do by the state board of health or its
its secretary.

b. The local health officer shall inform all per-
sons who are about to be released from quarantine
for venereal diseases, in case they are not cured, what
further treatment should be taken to complete their
cure. Any person not cured before release from quar-
antine shall be required to sign the following state-
ment after the blank spaces have been filled to the
satisfaction of the health officer:

I, residing at

hereby acknowledge the fact that I am at this time
infected with and agree to place my-
self under the medical care of

(name of physician or clinic, and address) within
hours, and that I will remain under treat-
ment of said physician or clinic until released by the
health officer of or until my case is trans-
ferred with the approval of said health officer to
another regularly licensed physician or an approved
clinic.

I hereby agree to report to the health officer
within four days after beginning treatment as above
agreed, and will bring with me a statement from the
above physician or clinic of the medical treatment ap-
plied in my case, and thereafter will report as often as
may be demanded of me by the health officer.

I agree, further, that I will take all precautions
recommended by the health officer to prevent the
spread of the above disease to other persons, and that

HEALTH LAWS OF KENTUCKY 159

I will not perform any act which would expose other
persons to the above disc

I agree, until finally released by the health officer,
to notify him of any change of address and to obtain
his consent before moving my abode outside his jur-
isdiction.

i Signature.

Date

All persons signing the above agreement shall ob-
Berve its provisions and any failure so to do shall be
a violation of these regulations. All Buch agreement
shall ho filed with the health officer and kept inac-
sible to tin- public as provided in Rule GS.
KuL 6 ::. Conditions under which the name of a oY'patfen?6
patient is required to be reported, a. When a person ^rted.
applies to a physician or other person for the diagnosis
or treatment of syphilis, gonorrhea, or chancroid, it
.shall be the .luiy of the physician or person consulted
to inquire of and ascertain from the person seeking
or diagnosis, whether such person lias
theretofore consulted with or has been treated by any
other physician or person and. if so, to ascertain the
name and address of th ian or person last con-

hall be the duty of the applicant for
diagnosis or to furnish this information and

a refusal to do so or a falsification of the name and
of such physician or ach

ap| all be deemed a violation of these regu

the duty of sician or other

mm whom the applicant consults to notify the phy-
ian or other person last consulted, of the change of
advisers. Should the physician or person previously
consulted fail to receive such notice within 10 days
after the 1; upon which the patient was in-

I by bin it shall he the duty of such

physician i r person to report to the local health officer
the name and address of snob venereally diseased per-

160

HEALTH LAWS OF KENTUCKY

Druggists
must not
prescribe or
treat eases.

Spread for-
bidden.

Prostitution
to be sup-
pressed.

Restriction
of certifi-
cates to
venereals.

b. If an attending physician or other person
knows or has good reason to suspect that a person
having syphilis, gonorrhea or chancroid is so conduct-
ing himself or herself as to expose other persons to
infection, or is about to so conduct himself or herself,
he shall notify the local health officer of the name and
address of the diseased person and . the essential facts
in the case.

Rule 64. Druggists forbidden to prescibe for ven-
ereal diseases. No druggist or other person not a phy-
sician licensed under the laws of the State shall pre-
scribe or recommend to any person any drugs, medi-
cines or other substances to be used for the cure or
alleviation of gonorrhea, syphilis or chancroid, or
shall compound any drugs or medicines for said pur-
pose from any written formula or order not written
for the person for whom the drugs or medicines are
compounded and not signed by a phj^sician licensed
under the laws of the State.

Rule 65. Spread of venereal disease unlawful.
It shall be a violation of these regulations for any in-
fected person knowingly to expose another person to
infection with any of the said venereal diseases or for
any person to perform an act which exposes another
person to infection with venereal diseases.

Rule 66. Prostitution to be repressed. Prostitu-
tion is hereby declared to be a prolific source of syphi-
lis, gonorrhea, and chancroid, and the repression of
prostitution is declared to be a public health measure.
All local and State health officers are therefore directed
to co-operate with the proper officials whose duty it is
to enforce laws directed against prostitution and other-
wise to use every proper means for the repression of
prostitution.

Rule 67. Giving certificates of freedom from
venereal diseases prohibited. Physicians, health offi-
cers and all other persons are prohibited from issuing
certificates of freedom from venereal disease, provided
this rule shall not prevent the issuance of necessary

HEALTH LAWS OF KENTUCKY

161

statements of freedom from infectious diseases writ-
ten in such form or given under such safeguards that
their use in solicitation for sexual intercourse would be
impossible.

Rule 68. Records to be kept secret. All informa-
tion and rep*' persona infected with ven-
9 shall be inaccessible to the public except
far as publicity may attend the performance
of the duties imposed by these regulations and by the
laws of the State.

Secrecy of
records.

SCHOOLS.

Rule 69. No person afflicted with tuberculosis or
any other communicable disease shall be admitted in-
to any public or private school, as teacher or pupil.

Rule 70. No parent, guardian or other person,

having charge or control of any child or children, shall

allow or permit any such child or children to go from

any house or building infected with intluenza, scarlet
. diphtheria, smallpox, measles, whooping cough,

cholera or other contagious 0T infectious disease dan-
gerous to public health, to attend any public or private
ol,

luih' 71. No person Shall he admitted into au\

public or private school who may recently have been

affected with smallpox, scarlet \'wv\\ diphtheria,

cholera, whooping cough, measles or other contagious

or infectious diseases dangerous to public health, nor

from an\ of the «i named, until twenty-one days

complete recovery, and without first presenting

•iiieate signed by a legally red physician

r <>; communicating such disease to others

• 1.

le 72. The county, city and town health officers

shall I hygienic supervision over tin'

Schools and school houses within their respective jur-
isdictions, and where defects are found it shall be
the duty of said officers to immediately call the at-

Tuberculous
teachers or
pupils not

admitted.

No teacher
or pupil re-
cently af-
fected by,
or from

Ik »us. s

where con-
tagious dis-
ease exists
admitted.

Health
officers

special sup-

en ision
over.

II. L.— G

162

HEALTH LAWS OF KENTUCKY

All school
houses not
connected
with sewers
to be pro-
vided with
septic tank
privies.

tention of the school authorities thereto, and see that
they have them removed, by legal action if necessary.
Rule 73. All school houses not connected with
an approvecLsystem of sewers shall be provided with a
Kentucky sanitary privy, proportioned in size to the
number of persons likely to use it. The house on it to
have one compartment for girls and one for boys, with
a dead wall between them, located below the level of
or draining away from or remote from the well or
spring ; to be under the charge of some reliable person
to 'keep them constantly clean and provided with
toilet paper, and who will daily pour at least four
gallons of water through each hole in the seat and the
urinal, and follow the other printed instructions, to
be furnished by the board for posting in each privy.

VACCINATION.

Vaccination
compulsory.

Employ-
ment of un-
vaccinated
persons un-
lawful.

Unvacci-
nated per-
sons ex-
cluded from
schools.

Rule 74. Every child shall be vaccinated before it
becomes one year of age, and this board recommends
that all persons be revaccinated as often as once in
seven years.

Rule 75. All corporations, partnerships, com-
panies or persons within the jurisdiction of this board
shall require each employe for any kind of service to
be vaccinated previous to employment, unless proof
is furnished of successful vaccination within seven
years or that the employe has had smallpox, and any
one employing a person in violation of this rule shall
be guilty of a separate offense for each day that such
employe shall be sick with smallpox, and liable for
the cost of his maintenance. Every person in Kentucky
is required by law to be vaccinated. (Sec. 4608, Ky.
Stats.) This rule is to provide that no one violating
the statute shall be employed.

Rule 76. No person shall become a member of
any public or private school within the jurisdiction of
this board, as teacher or scholar, without furnishing
a certificate from some reputable physician that he or

HEALTH LAWS OF KENTUCKY

163

she has been successfully vaccinated, and has been re-
vaccinated at least once each seven years.

Role 77. Vaccination, a very imporant procedure,
should be done by a competent physician with the
cleanliness and septic precautions observed in all
surgical operations, at three points an inch and a half
apart on a clean arm. should dry for 30 minutes, and

i't open. No so-called shields of any kind should
ever be put on.

Vaccina-
tion to be
done by
physicians
with all
aseptic
care.

DAIRIES AND DAIRY CATTLE.

Rule 78. No building shall be used for stabling
cows for dairy purposes which is not well lighted, ven-
tilated, which is not provided with a suitable floor,
laid with proper grades and channels to carry off all
drainage, and drain constructed. If a public sewer abuts
the premises upon which sneh buildings are .located,
they shall be connected therewith and furnished with
proper sanitary traps. No building shall be used for
such purposes which is not provided with good and
sufficient feeding troughs or boxes, and with a covered,

r tight receptacle, outside the building for the re-
ception of dung or other refuse.

Bole 79. No water closet, cesspool, urinal, in-
habited room or workshop shall be located within any
building or* shed used for stabling cows for dairy pur-
poses, or for the storage of milk or cream, nor shall any
fowl, hog, horse, sheep or goat be kept in any room
rach purpose. No space in buildings or sheds
ling cows shall be less than five hundred
cubic feet for each cow, and the stalls therefor shall
not be less than four feet in width.

Rule 80. It shall be the duty of each person using

any premises for keeping cows for dairy purposes to

keep such premises thoroughly clean and in good re-

!1 painted or whitewashed at all times.

■y person keeping cows for the production of milk
for sale, shall cause ev» i v sow to be leaned every day,

Dairy
buildings,
ventilation
and drain-
age.

Care of
water

closets,
urinals.

Cows to be
cleaned
dnlly;
pure water

164

HEALTH LAWS OF KENTUCKY

Premises,
cows, ice
boxes and
refriger-
ators to be
safe-
guarded.

Care of
bottles,
cans,
measures
and chem-
icals.

and to be properly fed and watered and every person
using any premises for keeping cows, shall cause the
yard used in connection therewith to be provided with
a proper receptacle for drinking water for such cows,
none but fresh, pure water to be used in such re-
ceptacle.

Rule 81. Any enclosure in which cows are kept
shall be graded and drained so as to keep the surface
reasonably dry and to prevent accumulation of water
therein, except as may be permitted for the purpose
of supplying drinking water; no garbage, urine, fecal
matter or similar substances shall be placed or allowed
to remain in or near such enclosure ; and no open drain
shall be allowed to run through it. Any person using
any premises for keeping cows for dairy purposes shall
provide and use a sufficient number of receptacles,
made of non-absorbent materials, for the reception of,
storage, and delivery of milk, and shall cause all milk
to be removed without delay from the room in which
the cows are kept. No milk shall be kept in ice boxes
or refrigerators which are in any way connected with
sewers or cesspools; nor shall any milk be kept in
the same compartment of any ice box or refrigerator in
which meats or any other articles of food are kept.

Rule 82. All bottles, cans, measures and other
receptacles for milk shall be scalded with boiling water
or live steam daily; they must not be rinsed in cold
water before using, for the water may not be pure,
and some of it remaining in the vessels may contam-
inate the milk. All milk cans coming from the dairies
to dealers must be properly cleaned as above before
returning to the producer, thoroughly aired and kept
turned upside down in a cool place. All milk shall be
strained through wire-cloth or sterlized cotton strain-
ers, and shall be cooled to 58 degrees within forty-five
minutes after it is drawn from the cow. In winter
weather the cooler should be guarded against freezing.
The milk shall not exceed sixty degrees when de-
livered to the customer or dealer. All milk cans de-

HEALTH LAWS OF KENTUCKY

165

livered to creameries or dealers in the city shall be
covered with air tight lids, and when conveyed in
open wagons, shall be covered with canvas while being
so conveyed, said canvas to be kept clean by frequent
washing.

Kule 83. All Btrippings, as well as the first part
of milk, shall be delivered. The night's and morning's
milk shall not be mixed. No milk shall be delivered
that is taken from a cow that has calved within twelve
days or from a cow that will come in or calve inside
of forty-five day-. shall not be fed on feed which

will impart a disagreeable flavor to milk, or upon any
food that will not produce milk of a standard rich-
ness, or any sour, damaged ensilage or other feed.

Role B4, All dairy farms or plants no: connect-
ed with an approved system <»t' sewers, and each resi-
dence within a quarter of a mile of such plant, shall
he provided with septic tank privies modeled after
the Kentucky Sanitary Privy, located below the level,
drain in or as remote as possible from the

well or spring, to be under the charge of some reliable
person to keep them clean, provided with toilet paper
and daily pour at hast lour gallons of water through
each hole in the seat and the urinal.*

Role 85. It shall he the duty of any person hav-
ing charge or control of any premises upon which dairy
cows are notify the health officer having juris-

" of any contagious or infectious

uses among such cows immediately upon the dis-
covery thereof and to thoroughly isolate any COW or
cows affected and to ie such other precautions

by said health officer.

Kule 86. It shall lie the duty of any person

owning or having control of c d for the produc-

l-.y reference to Km.- 198, it will \,o Men that the same re-

tenl is made for all public building* in the state not on

lines of sewers. This form of tank and privy not 1>< \ng patented

Ive, it" coi ;m<i operated In ■trid accordance

with Instruction ng, fly-proof and will last forever,

ii been adopted and use in many other states

■untries. Bulletin! with plans and foil directions will be

sent free upon application.

Whole milk
to be de-
livered.
Period for
cal\ ing.
Ventilation.

i:\ i ry dairy
in state not
conn< cted
with ap-
proved
sewers to
have septic
lank
privies.

! 'rompt
notice of

contagions
68 in

herd to be

given.

Tuberculin

for all
dairy
cattle.

166

HEALTH LAWS OF KENTUCKY

Notice of
communica-
ble disease
on farm or
in employes
required.

Only whole
cream and
undiluted
milk to be
marketed
unless

f)lainly
abeled.

tiou of milk for sale or exchange to submit said cows
for the tuberculin test for tuberculosis, on the written
order of the State Board of Health or of the local
board of health having jurisdiction. No person having
his herd tested by the tuberculin test shall add any
cows to the herd that have not been tuberculin tested
by the proper authorities under penalty of having his
permit revoked.

Kule 87. It shall be the duty of any person hav-
ing charge or control of any premises upon which milk
or cream is produced, handled, stored or distributed
to notify the health officer immediately upon the dis-
covery of any case of influenza, pneumonia, diphtheria,
measles, membranous croup, scarlet fever, smallpox,
typhoid fever, or any other contagious or infectious
disease, upon such premises. No milk or cream shall
be sold, exchanged, given away, or in any other man-
ner distributed from such infected premises until all
danger of the spread of the disease shall be removed
and the health officer certifies to that effect. No per-
son who attends to cows or milks them, or who has
the care or handling of vessels for the sale, storage, or
distribution of milk or cream, shall enter any place
or premises wherein any of the diseases mentioned
herein exists ; nor shall any such person have any com-
munication, direct or indirect, with any person who re-
sides in or is an occupant of such infected place. Strict
cleanliness of hands and persons of milkers, and those
engaged in the handling of milk or cream, and of the
bodies of cows, especially of the udders and teats, must
be enforced at all times, to the end that no impurity or
foreign substance may be added to the milk or cream,
such addition being .declared adulteration by the stat-
ute.

Rule 88. No person shall have in his possession,
sell or offer for sale, any milk or cream to which has
been added water or any foreign substances or from
which any portion of the cream or butter fat has been
removed, unless labeled plainly on the container "skim

HEALTH LAWS OF KENTUCKY

167

milk/' No person shall add water or any other for-
eign substances to milk or cream offered or intended
for sale or exchange. Milk offered for sale as whole
milk, or sold as such, which contains more than eighty-
seven (87) per cent of watery fluid, or less than thir-
teen (13) per cent of milk solids, including three and
seventh-tenths (3.7) per cent of butter fat, is prima
facie watered, and such watering is declared an adult-
eration by the State statutes, the punishment for which
is a fine of not less than twenty-five dollars ($25.00)
for each and every offense.

MILK AND CREAM— AND OTHER SOFT DRINKS.

Rule 89. Permit required for sale of milk in
municipalities. No corporation, association, firm or
individual shall sell or offer for sale at retail milk
or cream in any municipality without a permit from
the health officer thereof, which shall be issued subject
to such conditions as may be imposed by these rules
or by the local health officer. Such permit shall ex-
pire on the thirty -first day of March, unless another
date is designated by the local authorities, and shall
:i» \\ able on or before such date in each year, and
may be revoked at any time for cause by the state
board of health or the local officer after a hearing
hearing on due notice.

Role 90. Application for permit required. No
permit tor the sale at retail of milk or cream in any
municipality shall bo issued unless written application,
sworn to by the applicant, has been made therefor in
the form prescribed by the State Board of Health.

Rule 91. Information required in application for
permit. Every application for a permit to sell at re-
tail milk or cream in any municipality shall contain the
name of each producer from whom the applicant re-
el or expects to receive milk or cream for sale,
together with the approximate amount of milk or
cream to be furnished by each such producer, and upon

Permit re-
quired for
sale of milk
or cream.
Renewable.
May be re-
voked after
hearing:.

Application
required.

Information
required for
permit.

168

HEALTH LAWS OF KENTUCKY

Inspection
and scoring-
of dairy
farms.

Conditions
of issuance
of permit.

Conditions
of renewal
of permit.

change in the source or amount of supply notice
thereof.

Rule 92. Dairy farms to be inspected and scored.
Previous to the first day of January, 1920, the health
officer or his representative in every municipality shall
make a sanitary inspection of every dairy farm where
milk or cream is produced for sale at retail in such
municipality and shall score each such dairy farm on
the score card prescribed by the State Board of Health.

On or after the first day of July, 1919, each such
health officer or his representative shall make such in-
spection and scoring at least once in each year and
before the thirty-first- day of July in each jrear unless
another date is designated by the local authorities.

The local health officer of such municipality may.
however, in his discretion, accept the inspection and
scoring by the health officer or his representative of
another municipality.

Rule 93. Conditions of issuance of permit. On
and after the first day of January, 1920, no permit to
sell at retail milk or cream in any municipality shall
be issued unless the premises, where it is proposed to
handle such milk or cream, shall, in the opinion of the
local health officer or his representative after inspec-
tion, have been rendered clean and sanitary; and un-
less each farm or dairy, where such milk or cream is
produced, shall have been rated after inspection by
a health officer or his representative, or, in case of
protest, by a sanitary supervisor of the State Board of
Health, at least forty per cent, on the score card pre-
scribed by the State Board of Health.

Rule 94. Conditions of renewal of permit. No
permit to sell at retail milk or cream in any munici-
pality shall be renewed unless inspection has been
made within the preceding six months by the local
health officer or his representative of the premises
where such milk or cream is handled and unless each
farm or dairy where such milk or cream is produced
has been rated by a health officer or his representa-

HEALTH LAWS OF KENTUCKY

169

tive, or, in case of protest, by a sanitary supervisor of
the State Board of Health, within the preceding six
months after inspection at least forty per cent on
the score card prescribed by the State Board of Health.

Rule 95. Public display of permit. Permits to
sell milk or cream shall be publicly displayed in such
manner as may be prescribed by the local health au-
thorities.

Rule 96. Milk and cream or other soft drinks to
be kept only under sanitary conditions. No milk or
cream or other soft drinks shall be sold or kept for
sale under any conditions which in the opinion of the
local health officer are not clean and sanitary. All ves-
sels containing such milk or cream for sale shall at all
times he covered, kept coo!, and so placed that the eon-
tents will not 1 sposed i'» sun, dust. dirt, tlies or other

inse

Rule !»7. Conditions of bottling of milk and
cream. No milk or cream or other s.»t't drinks shall be

I in bottles or offered for sale in bottles.

unless the bottling is done under clean and sanitary
conditions at the place of production or collectih
distributing station. Each bottle shall be capped and
eacb cap shall show the name of the producer or dealer
and the place of bottling.

Rule 98. Receptacles to be kept in sanitary con-
dition; when to be condemned and seized. Every can
or other vessel, which is usee! to contain milk or cream
or ice cream or other soft drinks intended for sale
be constantly kept in a clean and sanitary condition
Wh en emptied and before being returned by tin- p
to whom it was last delivered full or partly full ^x^ry
such can or other vessel shall he effectively cleansed.
The local health office]- or his representative shall con

demo any BUCh can or other vessel found by him to be

ondition that it cannot be rendered by washing

clean and sanitary as a receptacle for milk or cream, or

ice cream or other soft drinks, and shall destroy or so

mark the condemned vessel ;is to show that it lias been

Display of
permit.

Milk ami
cream or
other soft
drinks
to be kept
only under
sanitary
conditions.

Conditions
of bottling.

Receptacles

to be kept
clean.
When to be

condemn. (l
and seized.

170

HEALTH LAWS OF KENTUCKY

Utensils to
be cleansed.

Pasteuri-
zation.

Designa-
tions re-
stricted.

condemned. When so condemned and marked, such
can or other vessel shall not be used again to contain
milk or cream, or ice cream or other soft drinks, for
sale. The local health officer or his representative
may seize and hold as evidence any can or other vessel
returned or otherwise used in violation of this regula-
tion.

Rule 99. Utensils to be cleansed. All dippers,
glasses, spoons, measures or other utensils used in the
handling of milk or cream, or ice cream or other soft
drinks intended for sale shall be maintained in a clean-
ly condition.

Rule 100. Pasteurization. Except where a differ-
ent standard of pasteurization has been adopted pre-
vious to the first day of September, 1914, by the local
health authorities, no milk or cream shall be sold or
offered for sale as pasteurized unless it has been sub-
jected to a temperature of 142 to 145 degrees fahren-
heit for not less than thirty minutes; and no milk or
cream which has been heated by any method shall be
sold or offered for sale unless the heating conforms to
the provisions of this regulation.

After pasteurization the milk or cream shall be
immediately cooled and placed in clean containers and
the containers shall be immediately sealed.

Rule 101. Designations of milk and cream re-
stricted. All milk sold and offered for sale at retail,
except milk sold or offered for sale as sour milk under
its various designations, shall bear one of the designa-
tions provided in this regulation, which constitute the
minimum requirements permitted in this State.

No term shall be used to designate the grade or
quality of milk or cream which is sold or offered for
sale, except:

1 ' Certified.' '

'! Grade A raw."

"Grade A pasteurized/ ' «

"Grade B raw."

"Grade B pasteurized.*'

"Grade C raw."

"Grade C pasteurized."

HEALTH LAWS OF KENTUCKY 171

Certified. No milk or cream shall be sold or offered ^fjj11^?"
for sale as "Certified" unless it conforms to the fol- flned-
lowing requirements:

The dealer selling or delivering such milk or
cream must hold a permit from the local health officer.

All cows producing such milk or cream must have
been tested at least once during the previous year
with tuberculin, and any cow reacting thereto must
have been promptly excluded from the herd. The re-
ports of such tuberculin tests must be filed with the
local health officer and the milk commission of the
county medical society in the municipality and county
respectively in which such milk is delivered to the
consumer.

Such milk must not at any time previous to de-
livery to the consumer contain more than 10,000 bac-
teria per cubic centimeter and such cream not more
than 50,000 bacteria per cubic centimeter.

Such milk and cream must be produced on farms

which are duly scored on the score card prescribed

by the State Board of Health, not less than thirty-five

per cent for equipment and not less than fifty-five per

t for methods.

Such milk and cream must be delivered within
thirty-six hours of the time of milking.

Such milk and cream must be delivered to con-
sumers only in containers filled at the dairy or central
bottling plant.

The caps must contain the word "Certified" and
hear the certification of a milk commission appointed
by the county medical society organized under and
chartered by the Kentucky State Medical Association,
and must also contain the name and address of the
dairy as well as the date of milking.

Every employe before entering upon tho per-
formance of his duties shall be examined by a duly
licensed physician and the reports of such exami-
nation shall be sent to the milk commission certify-
ing the milk from such dairy.

172

HEALTH LAWS OF KENTUCKY

Grade A
raw milk
defined.

Grade A

pasteurized
milk de-
fined.

The milkers and all persons handling' the milk
must be provided with suits and caps of washable ma-
terial which shall be worn while milking or handling
the milk and shall not be worn at other times. When
not in nse these garments must be kept in a clean
place free from dust. Not less than two clean suits and
caps must be furnished weekly. The hands of the
milkers must be washed with soap and hot water, and
wnll dried with a clean towel, before milking.

Grade A raw. No milk or cream shall be sold or
offered for sale as "Grade A raw" unless it conforms
to the following requirements :

The dealer selling or delivering such milk or cream
must hold a permit from the local health officer.

All cows producing such milk or cream must have
been tested at least once during the previous year
with tuberculin, and any now reacting thereto must
have been promptly excluded from the herd.

Such milk must not at any time previous to de-
liver}* to the consumer contain more than 60,000 bac-
teria per cubic centimeter, and such cream not more
than 390,000 bacteria per cubic centimeter.

Such milk and cream must be produced on farms
which are duly scored on the score card prescribed
by the State Board of Health not less than twenty-
five per cent for equipment, and not less than fifty per
cent for methods.

Such milk and cream must be delivered within
thirty-six hours from the time of milking, unless a
shorter time shall be prescribed by the local health
authorities.

Such milk and cream must be delivered to con-
sumers only in containers sealed at the dairy or a
bottling plant. The caps or tags must be white and
contain the term " Grade A raw" in large black type,
and the name and address of the dealer.

Grade A pasteurized. No milk or cream shall be
sold or offered for sale as "Grade A pasteurized" un-
unless it conforms to the following requirements :

HEALTH LAWS OF KENTUCKY 173

The dealer selling or delivering such milk or
cream must hold a permit from the local health officer.

All cows producing such milk or cream must be
healthy as disclosed by an annual physical examina-
tion.

Suph milk or cream before pasteurization must
not contain more than 200,000 bacteria per cubic centi-
meter.

Such milk must not at any time after pasteuriza-
tion and previous to delivery to the consumer con-
tain more than 30,000 bacteria per cubic centimeter,
and such cream not more than 150,000 bacteria per

cubic centimeter.

Such milk and cream must be produced on farms
which are duly scored on the score card prescribed
by the state Board of Health ao1 less than twenty-
live per cent for equipment and not less than forty-
three per for metho

Such milk ami cream must he delivered within
thirty-six hours after pasteurization, unless a shorter
time shall b ibed by the local health authorities.

Such milk and cream must be delivered to con-
sumers only in containers sealed at the dairy or at a
bottling plant. The caps <>r tags must he white and
contain the term "Grade A pasteurized" in large
black type.

Grade B raw. No milk or cream shall be sold or ?awdmiuc
offered for Bale as "Grade B raw" unless it conforms deflned-
to the following requirement

The dealer selling or delivering Bueh milk or

in must hold a permit from the local health officer.

All cows producing such milk or cream must be
healthy losed by ;m annual physical examina-

tion.

Such milk must not at any time previous to de-
livery to the consumer contain more than 200,000 bac-
ia per cubic centimeter, and such cream not more
than 7.','). 000 bacteria per cubic centimeter.

174

HEALTH LAWS OP KENTUCKY

Grade B
pasteur-
ized milk
defined.

Such milk and cream must be produced on farms
which are duly scored on the score card prescribed
by the State Board of Health not less than twenty-
three per cent for equipment and not less than thirty-
seven per cent for methods.

* Such milk and cream must be delivered within
thirty-six hours from the time of milking, unless a
shorter time shall be prescribed by the local health
authorities.

The caps or tags on the containers must be white
and contain the term "Grade B raw" in large, bright
green type, and the name of the dealer.

Grade B pasteurized. No milk or cream shall be
sold or offered for sale as "Grade B pasteurized" un-
less it conforms to the following requirements:

The dealer selling or delivering such milk or
cream must hold a permit from the local health officer.

All cows producing such milk or cream must be
healthy as disclosed by an annual physical examina-
tion.

Such milk or cream before pasteurization must
not contain more than 1,500,000 bacteria per cubic
centimeter.

Such milk must not at any time after pasteuriza-
tion and previous to delivery to the consumer contain
more than 100,000 bacteria per cubic centimeter, and
such cream not more than 500,000 bacteria per cubic
centimeter.

Such milk and cream must be produced on farms
which are duly scored on the score card prescribed
by the State Board of Health not less than twenty
per cent for equipment and not less than thirty-five
per cent for methods.

Such milk must be delivered within thirty-six
hours after pasteurization between April first and No-
vember first and within forty-eight hours after
pasteurization between November first and April first,
and such cream within forty-eight hours after

HEALTH LAWS OF KENTUCKY

175

defined.

pasteurization, unless a shorter time is prescribed by
the local health authorities.

The caps or tags on the containers must be white
and contain the term "Grade B pasteurized" in large,
bright green type, and the name of the dealer.

Grade 0 raw. No milk or cream shall be sold or Grade c

r h. w m ilk

offered for sale as "Grade C raw" unless it conforms
to the following requirements:

The dealer selling or delivering such milk or
cream must hold a permit from the local health officer.

Such milk and cream must be produced on farms
which are duly scored on the score card prescribed
by the State Board of Health not less than forty per
cent.

Such milk and cream must be delivered within
forty-eight hours from the time of milking, unless a
shorter time shall be prescribed by the local health
authorities.

The caps or tags affixed to the containers must
be white and contain the term "Grade C raw" in large
red type.

Grade C pasteurized. No milk or cream shall be
sold or offered for sale as "Grade C pasteurized" un-
less it conforms to the following requirement i

The dealer selling or delivering such milk or
cream must hold a permit from the local health officer.

Such milk and cream must be produced on farms
which are duly scored on the score card prescribed
by the State Board of Health not less than forty per

tch milk and cream must be delivered within

-eight hours after pasteurization, unless a shorter

shall be proscribed by the local health authorities.

The caps or tags affixed to the containers must

be white and contain the term "Grade C pasteurized"

in large red type.

The bacterial count herein required shall be made
only at State, county or municipal laboratories or such

Grade C

ftasteur-
zed milk
defined.

176

HEALTH LAWS OF KENTUCKY

Local au-
thorities
may in-
crease
stringency
of regula-
tion.

Milk or
cream in
cold storage
warehouses.

other laboratories as may be approved by the State
Board of Health.

In those municipalities where a bacterial count
of the milk is, in the opinion of the local health au-
thorities, impracticable, they may in their discretion
grade milk and cream according to the score of the
dairies producing it, as prescribed in this regulation,
but no such milk shall be designated "certified,"
"Grade A raw," or "Grade A pasteurized."

This regulation shall not be construed to rescind
or modify any existing local regulation or ordinance
controlling the grading of milk or cream established
prior to the first day of September, 1914

Rule 102. Supplementary regulations by local
authorities. The health authorities of any municipal ity
may in their discretion increase the stringency of these
regulations or add to them in any way not inconsistent
with the provisions thereof, and may prohibit the sale,
or the keeping for sale, within the municipality of any
of the grades of milk herein defined.

Rule 103. Milk or cream in cold storage ware-
houses. Nothing contained in this chapter in reference
to the time of delivery of milk and cream shall be
deemed to prohibit the keeping of such milk and cream
in cold storage in a duly licensed cold storage ware-
house for a period of not more than ten calendar
months; provided, such milk and cream is placed in
such cold storage warehouse within twenty-four hours
after milking or pasteurization as the case may be.

BAKERS AND BAKERIES.

Require-
ments for
bakery
buildings.

Rule 104. Every building, room or other place
occupied or used as a bakery shall be properly lighted,
drained, plumbed and ventilated, and conducted with
strict regard to the influence of such conditions upon
the health of the operator, employes, clerks or other
persons therein employed, and wholesomeness of the
food therein produced, kept, handled or sold. Every

HEALTH LAWS OF KENTUCKY

177

such bakery shall be provided with adequate plumbing
and drainage facilities including suitable wash sinks
and water closets. No water closet shall be entered
from or shall be in direct communication with the
rooms in which the bakery products are handled. All
such sin!; ball be kept in a clean and

sanitary condition. The walls and ceilings of the rooms
in which the dough is mixed or the pastry prepared
for baking or in which the bakery products or in-
,1 products are otherwise handled or
stored, shall be kept in a clean or wholesome condi-
tion, and shall be washed, I, calcimined, or lime
s often as n and all interior wood-

.>• el n by washing
with or other be kepi in a

good condition. All floors of such rooms shall

rmeable floor made of cement or tile laid
aieut, brick, wood or other suitable, non-absorbent
material whic id clean with

! swerage pipes shall not be laid through
s, and all openings into such rooms, including
windows and (lotos, shall be properly screened to
elude fli<

Tin' world] all not be U

I'm- purpo directly connected with

tli.- preparing and baking of food, and shall not be
at washing, ig or living rooms, but shall

at all times be separated and i rom the living and

sleeping rooms. Separate rooms shall be provided for
i hanging clothes. The working rooms
shall be furnished with cuspidors, at least one in each
which cuspi .ill have a disinfectant therein

and shall be cleaned daily. There shall noi It.' in such
rooms any .spitting on the Moor or walls, smoking, snuf-
fing or chewing of tobacco. No employe or other person
shall sit or lie upon any of the tables, benches, troughs,
shelves, etc., which are 1 for the dough or

s. (hairs or benches shall be provided in
number to sit upon. B< I ginning work

Rooms to
be for no
other pur-
pose.

Care of the
person in
employes
and em-
ployment of
those hav-
ing- cutane-
ous or con-
tagious dis-
eases for-
bidden.

178

HEALTH LAWS OP KENTUCKY

Certificate
of purity of
water re-
quired.
Care in
storing:
flour, eggs,
and all
other in-
gredients
used.

Cleanliness
of all re-
ceptacles
for raw and
baked
products.
Protection
from files
and dust.

and before preparing and mixing the ingredients,
every person engaged in the preparation or handling
of bakery products shall wash the hands and arms
thoroughly in clean water and for this purpose suf-
ficient wash basins together with soap and clean
towels, shall be provided. Every person engaged in
such work shall wash the hands and arms after using
toilet rooms or water closets. Persons employed in
the bakery or bakery rooms shall wear sufficient cloth-
ing while working, and such clothing shall be clean
and sanitary.

Employes or other persons having any cutaneous,
contagious or infectous disease shall not be employed
in any such bakeries, nor be permitted to handle any
of the products therein.

Rule 106. All water used for mixing the dough or
for any other use in connection with bakery products
shall be pure and wholesome, and shall not be taken
from any pipe which pipe also leads into a water closet
or into a sewer. In case the water supply is taken
from a well, the baker shall have a certificate from the
Kentucky Agricultural Experiment Station, or from
the State Board of Health, or from the city or county
health officer, that such water is pure and wholesome
and free from contamination. The supplies of flour
shall be stored in a dry, clean place and be protected
from vermin and all other contamination. The sup-
plies of other materials used in the preparation of
bakery products including eggs and egg products,
fruit and fruit products, shall be kept in a clean place
and in clean receptacles, and shall be protected from
dust or other contamination.

Rule 107. All barrels, boxes, tubs, pails, knead-
ing troughs, machines, racks, pans or other receptacles
used for holding materials from which bakery prod-
ucts are prepared, or for holding bakery products shall
be kept clean and wholesome at all times, and shall
be constructed so as to be easily and conveniently
cleaned. All show cases, shelves, or other places where

HEALTH LAWS OF KENTUCKY

179

bread or other bakery products are exposed for sale,
including the bread, cake and pie boxes, or cases in
any grocery store, or other retail place, and in restau-
rants, or other places where bakery products are sold,
shall be kept well covered or screened, well protected
from dust and flies, and shall be kept in a sweet, clean
and wholesome condition at all times. No bread or
other bakery product shall be exposed during the time
that it is intended or offered for sale to the dust of
the street, or to other contamination.

Rule 108. No person shall handle any unwrapped
bakery product with unclean hands, and no bread,
cake, pie or other bakery products shall be hauled,
transported or delivered without being safely pro-
tected from dust and other eontamination by wrapping
or covering. Unwrapped bread, cakes, or pies shall
not be handled by drivers, deliverymen, grocers or
other dealers with unclean hands. The wagons, boxes,
baskets and other receptacles in which bread, cakes,
or other bakery products are transported, shall
pt in a clean and wholesome condition at all times
and free from dust and other contamination. No bread,
cakes, pies or other bakery products shall be handled
or fingered by intended purchasers unless such product
shall in fact be purchased by such persons and not
intended ther sale. No tag or slip shall be put

any loaf of bread or upon an; pie or cake which
such tag has been licked, or which is affixed with com-
merieal glue, or which is made from paper containing
material of a poisonous or deleterious character, or
which has been stamped or branded with ingredient!
that may rub off on to the bread or other bakery
iuct.

Rule 109. Ali waste products and garbage shall
be removed from the bakery rooms or other rooms
where food is kept or prepared at least once daily, and
shall not be allowed to remain in such proximity to
the bakery rooms as will m for contaminat-

ing odors. -

All bakery

Eroducts to
e wrapped
or other-
wise pro-
tected from
contamina-
tion in
handling or
;>orta-
tion.

slips
and pasters.

All wastei
and garbage
to be re-
moved
daily.

180

HEALTH LAWS OF KENTUCKY

Standard
of purity of
all raw
materials
including:
lard, butter
and eggs.

Health
officers and
experts of
board to
co-operate
with bakers
in enforce-
ment of
rules.

Rule 111. All ingredients used in the manufac-
ture or preparation of bakery products shall be pure
and wholesome, and shall be up to the standard re-
quired in the other provisions of the Kentucky Food
and Drug Laws. No unwholesome or unclean butter,
lard, oleomargarine or oil shall be employed. No eggs
of a spoiled or unwholesome character shall be used,
and no egg product whether frozen or desiccated, and
which has been prepared from spoiled, unsound or
unwholesome eggs shall be used in such bakery prod-
ucts. No flour which has been bleached with poisonous
materials or which has been bleached so as to affect
its quality or strength, or which has been bleached so
as to make it appear better or of greater value than
it is shall be used. No jellies, jams, fruit pulp, pie
fillings, flavoring extracts or other ingredients shall
be used in the mixing or preparation of bakery prod-
ucts which do not comply with the other provisions
of the said food and drugs act. In case where imita-
tion jellies, jams, flavors, or other such ingredients are
used, and in case where such imitation products are
wholesome, bakery products made out of such in-
gredients may be sold if the pie, cake, bread or other
bakery product is labeled so as to show that it is made
from such imitation ingredients or flavors, and so as
to show that it is not made from the true fruit.

Rule 112. As far as possible and appropriate the
food and drug bureau of the state board of health
will assist bakers in determining the purity and qual-
ity of the ingredients sold to any baker for use in the
preparation of food, provided, however, any baker
seeking such assistance gives to the said division full
information with respect to the labeling upon the orig-
inal packages of such ingredients, the parties from
whom purchased and thp date purchased, and any
other information which the said division may require.

All health officers throughout the State, and all
bakers and other persons engaged in the production
and sale and handling of bakery products are requested

HEALTH LAWS OF KENTUCKY

181

to co-operate in the enforcement of these regulations
to the end that all bakery products will be produced
and handled in a wholesome and sanitary manner, and
to the end that the confidence of the consumer in such
products will be increased.

REGULATION OF THE TRAFFIC IN AND
HANDLING OF EGGS.

Rule 113. Between May 15 and January 15 of
each year, all eggs in the market, or intended for
market, shail be handled only on a candling basis, and
in* payment cither in cash or merchandise shall be
made for those unlit for food. A statement shall be
made in duplicate by the buyer of each purchase of
eggs. _ the number of good, damaged and bad

eggs in each lot, one copy of which shall be given to
the person from whom the purchase is made, and the
other to be b file for one year, and subject to

all times by any health or food inspector.

Rule 114. During the warm season all eggs shall

cool place, ail lots of greater than 30

, shall be packed in sir indard egg cases

and fillers, well p d from breakage, all cracked

from those with

Prom .May 15 to January 15 of each

l'lts shall contain upon tie

d and signed candling certificate.
Rule 114a, No person, firm or corporation shall

;ive in p m for

ale, any eggs onfil for human food,
n in the shell and then dena

in such a way that tl I tor food. An

onfil for food if it be addled or

black or white rot or a blood ring, has

a bloody, white or adherent yolk, or if it consists even

in pari of a filthy, decomposed or putt-id substance.

Any person violating any of the8€ rules or provisions

will be subject to the 'ties provided by

the statu!

Handling of

on
candling

basis only
In warm
seasons.

Storing and
packing of

Unfit i

DOl tO M

I or
exposed for
sale.

Definitions.

Penalties.

182

HEALTH LAWS OF KENTUCKY

Slaughter
or sale of
flesh of dis-
eased ani-
mals for-
bidden.

Quarantine
pens.
Sanitary-
cleanliness
imperative.
Toilet
facilities.
Water and
sewer con-
nection.

STOCK YARDS, ABATTOIRS, SLAUGHTER-
HOUSES AND DISEASED ANIMALS.

Rule 115. It shall be unlawful for any person,
firm or corporation owning or operating stockyards,
abattoirs, or slaughterhouses in this State to sell or
offer for sale or to have in their possession for sale
or slaughter for food any cattle, sheep, hogs, or other
animals which are diseased or in any way unhealthy or
unfit for food, and such animals shall be at once killed
and the carcass disposed of as provided by law for
diseased animals, or put in quarantine and reported to
the State veterinarian. It shall be the duty of all stock
yards to set aside and maintain at the expense of the
owners or operators thereof, a quarantine pen of such
size and construction as may be prescribed by this
board, which shall be provided with a suitable lock,
and in which pen shall be at once placed all animals,
failing to pass inspection, or suspected to be diseased
and awating inspection, and all such stock yards,
abattoirs and slaughterhouses as are regularly inspect-
ed by an official veterinarian shall furnish such officer
proper office or desk room for the performance of his
duties without expense to him.

Rule 116. Every slaughterhouse or other place in
which meat or meat products from cattle, swine or
poultry are slaughtered, handled or stored within this
State shall be constructed so as to constantly meet all
sanitary requirements: shall be suitably lighted and
ventilated ; and shall have the equipment and methods
necessary to maintain such a place and to handle all
products in a sanitary condition. It shall be provided
with efficient drainage and have proper sewage con-
nections; it shall have equipment and methods neces-
sary to take care of all the offal in a sanitary man-
ner; it shall be located and operated so as to not only
produce wholesome food but also so as to commit no
nuisance whatsoever which might affect the public
health. The work in such estbalishments shall be per-
formed in a cleanly and sanitary manner; strict re-

HEALTH LAWS OF KENTUCKY 18S

gard shall be paid to the cleanliness and health of
employes. There shall be properly located toilet facili-
ties and there shall be proper facilities to enable the
employes to keep themselves clean and there shall be
proper facilities to enable them to observe personal
cleanliness during their handling of food. There shall
be convenient and adequate facilities for keeping the
plant clean. No slaughtering shall be done in any barn
or other building not suitable for slaughtering animals
and for the handling and dressing and killing of meats.

II. All such slaughterhouses shall have an ef-
ficient system of drainage with proper sewer connec-
tions, and in any case, so that no water or other re-
fuse of any kind may soak into the ground underneath
and around the building, or be led from the building in
such a way as to produce odors or otherwise become
a nuisance. There shall not be any blind wells, cess-
pools or privy within the slaughtering house. Sewage
connections shall not be made of wood but shall be
made of closed vitrified tile, or cast iron together with
tight joints or of some similar material and construc-
tion. Liquid wastes, where possible, shall either be run
into the city sewer, provided that this does not place
an undue burden upon existing purification works, or
upon the stream into which the city sewage empties;
or there shall be provided adequate means for the
pnrifieation of the wastes. The site selected, the disposal
of sewage or means for sewage purification, must be
accord tag to plans approved by the state board of
health or its agen

I I I. The feeding of hogs or other animals on water and
the refuse of slaughterhouses shall not be permitted {£ bse fed t0
on the premises, nor shall any such refuse be fed to

any animals intended for slaughter. No use incom-
patible with the proper sanitation shall be made of
any part of the premises on which such establishment
is located. All yards, fences, pens, chutes, alleys, etc.,
belonging to the premises of such establishment,
whether they are used or not shall be maintained in

184

HEALTH LAWS OF KENTUCKY

Hot and
cold water.

Floors.

Care of
walls and
ceilings.

Cleanliness
of al ve-
hiclps and
appliances.

a sanitary condition, and no nuisance whatsoever
shall be allowed in the establishment or on its premises.

IV. All slaughtei houses shall have an abundant
supply of water irom a well, spring or other source
which is free from contamination from any slaughter-
house or surrounding pens or enclousure, and which
water may be applied, both hot and cold, with ade-
quate piessure from a hose to any part of the room
or rooms used for the purpose of slaughtering or pre-
paring meats for consumption as human food, and
shall be so designed and built as to be readily and
thoroughly cleaned.

V. All slaughterhouses shall have suitable floors
constructed preferably of concrete and in such a man-
ner as to be water tight and which shall carry on2 into
tubs or reservoirs provided for that purpose, all blood
and wastes ; which floors shall be thoroughly scrubbed
and cleaned each day after the slaughtering has been
completed.

VI. Ceilings, walls, pillars, partitions, etc., shall
be so constructed as to be kept, and shall be kept, in a
sanitary condition, and when necessary they shall be
washed, scraped, painted or otherwise treated as re-
quired. Where floors or other parts of a building or
tables or other parts of the equipment, are so old or
in such poor condition that they cannot be readily
made sanitary, they shall be removed and replaced by
suitable materials. All floors upon which meats are
piled during the process of curing, shall be of concrete
or similar material, and be so constructed that they
can be kept in a sanitary condition, and all
meat piled upon floors shall be suitably protected from
trucks, etc. Walks and platforms or approaches lead-
ing into establishments shall be kept clean to prevent
tracking dirt into the same.

VII. All trucks, trays and other receptacles, all
chutes, platforms, racks, tables, etc., and all knives,
saws, cleavers and other tools, and all utensils, ma-
chinery and vehicles used in moving, handling, cutting,

IlKALTH LAWS OF KENTUCKY

185

chopping, mixing, canning or other processes shall
be thoroughly cleaned before using.

VIII. Managers of establishments must require
employes to be cleanly. The aprons, smocks or other
outer clothing worn by employes who handle meat or
meal food products shall be of a material that is read-
ily cleansed and made sanitary, and only clean gar-
ments shall be worn. Persons who handle meat or meat
food pro .'.11 be required to keep their hands
dean, and they shall be required also to pay particu-
lar attention to the cleanliness of their boots or shoes.

IX. Persons affected with tuberculosis or any
other communicable disease, shall not be employed in
any of the departments <d establishments where car-

- handled, or meat food prod-
ucts are pr spared

X. All water closets, toilet rooms, and dressing
rooms, shall be connected with the sewer when located
on a line of BOWerS, otherwise with the tank of a Ken-
tucky sanitary privy, and he entirely separated from

- in which carcasses are dressed, or meat
food producl ired, stored, packed, han-

dled or prepared. Where such rooms open into com-
ments in whieh meat or meat food products are
handled, they must . when this is considered necessary,
be provided with properly ventilated vestibules, and
with automatically closing doors. They shall be con-
lated, sufficient in Dumber, ample in size,

and fitted with modern lavatory accoiiiniodat ions in-

cludjng toilet paper, soap, running hot and cold water,
tow. N. etc. Th«y shall be properly lighted, suitably
ventilated and kepi in a sanitary condition. Con-
venient and sanitary orinals shall he provided; and
washatands near at hand, shall also be provided.

XI. Tie' )t compartments in which meat
or ii" I prodti prepared, cured, stored,
packed ot died Bhall be free from odors
from toilet rooms, catch basins, oasinpr departments,
tank moms, hide cell . and shall be kepi free

Care of
hands and
clothing.

All em*

Eloyes to
e healthy.

Toilets to

• 11 sep-
arated.

Flies, odori
and vermin
to be i
ly excluded.

186

HEALTH LAWS OF KENTUCKY

Handling of
diseased
carcasses
conducted
as a sepa-
rate busi-
ness.
Disinfec-
tion of
hands and
implements.

Protection
from soil-
ing.

To be pro-
tected from
saliva.

Water to be
tested.

from flies and other vermin by screening or other
methods. All rooms or compartments shall be pro-
vided with cuspidors of such shape as not readily to
be upset and of such material and construction as
to be readily disinfected and employes who expecto-
rate shall be required to use them.

XII. Butchers who dress or handle diseased car-
casses or parts shall cleanse their hands of all grease
and then immerse them in a proper disinfectant and
rinse them in clear water before dressing or handling
healthy carcasses. All butchers' implements used in
dressing diseased carcasses shall be sterilized either in
boiling water or by immersion in a prescribed disin-
fectant followed by rinsing in clear water. Facilities
for such cleansing and disinfection approved by the
inspector in charge, shall be provided by the establish-
ment. Separate sanitary trucks, etc., which shall be
appropriately and distinctly marked, shall be furnish-
ed for handling diseased carcasses and parts. Follow-
ing the slaughter of any animal affected with an in-
fectious disease, a stop shall be made until the imple-
ments have been cleansed and disinfected, unless other
clean implements are provided.

XIV. Due care must be taken to prevent meat
and meat food products from falling on the floor ; and
in the event of their having so fallen, they must be con-
demned or the soiled portions removed and con-
demned. When meat or meat food products are being
emptied into tanks, some device, such as a metal
funnel, must be used.

XV. Carcasses shall not be inflated with air from
the mouth, and no inflation of carcasses except by
mechanical means shall be allowed. Carcasses shall
not be dressed with skewers, knives, etc., that have
been held in the mouth. Skewers shall be cleaned be-
fore being used again. Spitting on whetstones or
steels when sharpening knives shall not be allowed.

XVI. Only good, clean and wholesome water and
ice shall be used in the preparation of carcasses, parts,

HEALTH LAWS OF KENTUCKY

187

meat or meat food products. Whenever there is any
doubt regarding the sanitary condition of the water
supply, notice shall be immediately sent to the secre-
tary of the State Board of Health, or to the county
or city health officer of the locality.

XVII. Wagons or cars in which meat or meat
food products are transported shall be kept in a clean
and sanitary condition. The wagons used in trans-
porting loose meat shall be so closed and covered that
the contents shall be kept clean and free from con-
tamination.

XVIII. All offal shall be cleaned up and dis-
1 of daily, either by tanking or removal from the

premises of the plant. The system for, and operations
connected with, the treatment of offal for fertilizer,
grease or other purposes shall be in a separate build-
ing, or in a different part of the building from that
in whhh the products intended for food are handled,
rated by masonry, and no fertilizer or other prod-
uct of the tanked offal shall be stored or brought into
any place or room where products intended for food
are handled or stored. Such tankage operations shall
be conducted in a sanitary manner, and the render-
ing and other rooms and equipment shall be cleaned
daily.

XIX. Tallow and other fats shall be rendered or
red from the premises before decomposition; and

all meat trimmings, etc., intended for ingredients in
food products, shall be worked up while the same are
fresh, unlen stored in proper refrigeration. All chill
rooms, refrigerating chambers, ice boxes and so on
shall be properly constructed to meet all sanitary re-
quirements neeessary for the purpose for which used,
and shall be carefully operated with respect to the
temperature, humidity and general sanitary condi-
tion necessary to the wholesomeness of the product
or products stored therein,

XX. All deliveries of meat or poultry from a
slaughterhouse, refrigerating room, or other produc-

Care of
meat in
transit.

Offal re-
moved
daily.
Storing of
fertilizer
and tank-
age.

Tallow: re-
utlon
and Ice
boxes.

Sanitary
handling
and de-
livery.

188

HEALTH LAWS OF KENTUCKY

Retail
handling-.
Protection
from flies
and dust.

Same rules
apply to
similar
products in
hotels and
restaurants.

ing or wholesale plant in which such meat or meat
products are produced or stored shall be in a cleanly
and sanitary manner, and the product be fully pro-
tected from dust, flies and other dirt and contamina-
tion.

XXI. All retail establishments in which any
meat, poultry or other meat food products are kept
for sale shall be suitable for such purpose, free from
odors, screened and free of flies, shall have facilities
for cleaning ice boxes, meat blocks, cleavers, saws,
knives, etc., and shall have refrigerating rooms or ice
boxes, with the temperature necessary for the proper
preservation of such fresh products. Such ice boxes
or refrigerating rooms shall be constantly kept in a
clean and wholesome condition and free from odors,
and no spoiled meat or poultry shall be kept therein.
No poultry or meat product shall be exposed on count-
ers or other places where it would be subjected to
flies, street dust or other contamination, and no fresh
meat or poultry products shall be exposed on counters
or otherwise during the spring, summer or fall months.
or at other times, when the temperature is high enough
to cause any deterioration, without proper icing facili-
ties. And all such exposure with icing facilities shall
also be in such manner as to be fully protected from
flies, dirt and other contamination. No fresh meat,
poultry or meat products shall be offered for sale in
a retail market which have been fingered by intending
purchasers. All deliveries of fresh meat, poultry or
meat products shall be so protected as to reach the
consumer free from contamination from flies and dust.

XXII. These regulations, or so much of them as
is applicable, will also apply to restaurants, hotels and
other places in which food is prepared for sale.

HEALTH LAWS OF KENTUCKY

189

HOTELS, RESTAURANTS AND ROOMING AND
BOARDING HOUSES.

Rule 154. A person or corporation engaged in
the preparation or sale of food in any hotel, public
restaurant, public dining room, dining car or steam-
boat in this State, or an officer of any public, penal
or charitable institution in this State, shall not use in
the preparation or service of any food utensils, dishes
or other containers which have not been previously
cleansed in a sanitary manner; and shall not serve
any food or beverage which is not prepared of clean,
wholesome ingredients properly cooked so as to be

itible ; nor shall the table linens in any such place
be soiled ;it time of service of meals, and. where table

Linens are n< irface of tables and

counters shall DC D 1"' kept

(dean and be of uniform color. Cooks ami wail

i and wear (dean clothing, must care-
fully wash their hands b rving any
articli ll and m:; lir hands from
ICl With any article Of food after i; I'd so
far as possible. Tables and dining room shall be kept

<dean at all times, and food shall be served in an at-
tract! H to u\<\ in its digestion. This
rule applies equally to soda fountains, soft drink and

bin • Is of all kirn

Rule 156. The sanita di^ion of the hotel

ki+chen, dining room, cellar, office, ice boxes, and all

u are kept prepared or stored, shall

be literally i l. Places and receptacles where

l are required in be kept insect,

mouse and rat proof and properly screened, Serving

tables, brocks i, buckets, knives, saws,

cleavers and other utensils and machinery used in

moving handling, cutting, chopping, mixing or

incr foods are required to be thoroughly sterilized

dailv by hot water or steam and thorough cleansing,

and the clothes and bands of cooks, stewards and

clean and sanitary. Canned goods when

Care of
dishes and
containers.
Linen.

and
waiters.
Food so
prepared
and st rved
as to be at-
tractive and

ible.

drink
and lunch
stands.

Sanitary
condition

kitchen,
dining room
and cellars,
■ acles
to be cat,

and
insect

Utensils to
be ster-
ilized daily.

190

HEALTH LAWS OF KENTUCKY

Separation
of kitchens
and store
room from
barber
shops.

Covered

garbage

cans.

Contents

removed

flaily.

Cold storage
eggs to be
indicated on

menu,
cards.

Screening
and flies to
be actually-
kept out of
all eating
places.

Proper

windows

imperative.

opened, or prepared foods containing any of the fruit
acids, are not permitted to be stored in tin or zinc con-
tainers.

Rule 156. No beds, bedding, cots or other furni-
ture used for sleeping purposes shall be used or stored
in the kitchen or other places where food is stored,
kept or prepared in restaurants, hotels or other public
eating places. All bedrooms in hotels, restaurants or
other public eating places shall be kept tightly parti-
tioned and kept closed from any place where food
is prepared and stored. No door from a bedroom in
hotels, restaurants and other public eating places shall
enter directly into the kitchen or place where food is
prepared for the public. Lunch counters in connec-
tion with a barber shop are prohibited unless the bar-
ber shop is tightly partitioned without door or other
connection from such eating place.

Rule 157. All garbage and kitchen refuse must
be kept in tight cans, with a metal cover encircling the
top of the can, and which, with tin cans, paper and
other trash, must be removed once daily.

Rule 159. No eggs which have been kept in cold
storage or refrigeration shall be served to the patrons
of any hotel or restaurant without notice on the bill
of fare, or verbally if no bill of fare is used, that
such eggs have been so kept.

Rule 160. The dining room and kitchen of all
hotels, restaurants and boarding houses shall be fitted
with self-closing wire screen doors and window screens
of not coarser than 14 mesh gauze, and the flies actual-
ly kept out, and no food to be served in such rooms
shall be exposed outside of such rooms or in transit
without full protection against flies, dust or other
contamination.

Rule 161. There shall be at least one window in
each room opening to the outside of the house or to
a roomy well lighted court, which may be raised and
lowered at the convenience of the guest, at least one
door opening into a hallway or to the outside of the

HEALTH LAWS OF KENTUCKY

191

house with a transom over the door, extending the
full width of the same, and not less than twelve inches
in height, the windows be kept in good order at all
times, so that they may be raised or lowered at the
convenience of the guest, thus affording sufficient day-
light and ventilation for the health and comfort of
those occupying such room, and no room shall be let,
or even furnished as a bedroom which does not meet
requirements.

Bole 162. For the "comfort and safety of the Heating,
guests," all hotels, restaurants, rooming houses and
apartment houses must be properly heated in the
winter time and during the cool or cold weather in
late fall and early spring seasons. Heat in sitting
rooms of places under the hotel department must be
provided during the above mentioned seasons, if the
weather is such as to make it necessary, or gue>
[neat their rooms to be heated.

Role 163. For washing the floors and woodwork
in t lie halls, offices, dining room, sleeping rooms,
kitchen or other rooms and closets, and for general
disinfection of the chambers, washbowls and water
pitchers, a good scouring soap or powder and warm

r containing two ounces of creolin or lysol to
each six quarts of warm water will aid in keeping such
vessels, rooms and furniture in a condition favorable
to the health and eomforl of the quests of such hotel.
i 164. Whenever a room has been occupied
by a guest sick with or e <» any communicable

• shall be completely fumigated in accordance
with the directions of the local health officer before
being upied by another guest.

Rule 165. Whenever a room in a hotel is in-
i with bedbugs or other vermin, such means of
in ination may be used as may be found expedient
by the proprietor, but must be continued until all
evidences of such vermin, or bedbugs are removed;
and when fumigation and disinfection are required, the
following practical method will be found beneficial:

Floors and
wood work.

\V:ish

bowls.

Tn'*»cted
rooms.

Vermin.

192

HEALTH LAWS OF KENTUCKY

Method of
fumigation
for infec-
tion or for
vermin.

Sewer

connections.
Septic tank
privies.

Instructions for disinfecting a room. First seal up
the openings in the room to be fumigated by stuffing
cotton or linen strips into the cracks of the windows,
doors and transoms; also stop up chimney holes, if
any; then take an enameled vessel of not less than
six quarts capacity, and for each one thousand cubic
feet of air space in the room use four fluid ounces of
forty per cent formaldehyde. Place the vessel in the
center of the room and put the formaldehyde into it;
then when everything is in readiness for a hurried exit,
put one-half ounce of permanganate of potassium into
the formaldehyde, and get out of the room, and close
up the door tightly. Allow the room to remain thus
sealed for six hours, after which the room should be
opened — all the doors and windows — to allow a free
circulation of air and sunlight, continued for at least
six hours. During such fumigation the bedding and
mattresses should be placed over chairs or hung up
endwise, so that the fumes may pass through and
around «ach piece. t

*Rule 166. All hotels and restaurants in this State
not located upon a line of and actually connected with
an approved system of sewers, shall, on or before No-
vember 1, 1919, be provided with septic tank sanitary
privies, with which toilet and bath rooms and closets
shall be connected where water supplies for flushing
purposes are available, or for outdoor privies where
such water supplies do not exist, proportioned in size
and arrangement to the number and sex of the per-
sons likely to use them, such tanks to be located near-
by, but below the level of or draining away from or as

fThere is absolutely no danger from fire from such fumi-
gation, and as it is inexpensive, should be given each room
at least four times a year.

* By reference to Rule 198, it will be seen that the same re-
quirement is made for all public buildings in the state not on
lines of sewers. This form of tank and privy not being patented
is inexpensive if constructed and operated in strict accordance
with instructions, is self-cleaning, fly-proof and will last forever,
and has been adopted and is in extensive use in many other
states and countries. Bulletins with plans and full directions
will be sent free upon application.

HEALTH LAWS OP KENTUCKY

193

remote as possible from the nearest wells or springs,
such tanks to be modeled after those of the Ken-
Sanitary Privy, or some other plan approved by
board of health. Some reliable person shall
i and held responsible for the du:y of en-
forcing the printed instructions -which will be furnish-
y the board for posting in each of such toilet or
privy rooms.

Rule 167. When any person, firm or corporation
conducting a hotel or restaurant in this State shall
make an appeal from an order of an officer or in-
spector of the state board of health directing said
person, firm or corporation, to abate any condition or
violation of the statutes or of these rules, it shall tile
in writing of such appeal with the state board
of health at its office within ten days after the
ice of the order. Thereupon the state board of health
shall designate a mploy who shall hear

such appeal and he shall take sneh by affi-

by wit i • as will best

out the fa riving due notice to the

parties concerned. 0 e completion of this ta-

xation he shall report in writing to the state
1 of heai b shall notify the person, firm or

corporation oi

ion 5, Section 201

TTpnrinss
and ap-
peals.

LWAY AND SLEEPING CARS AND STATIONS

e 168. All day coaches engaged for regular or carp of day
travel shall be thoroughly cleansed after Ru*i, mat-

„.,..„ , , tinirs and

racn points as facility ame have been scats.

ivided, or ar< *c board of health,

In no ease shall sneh cleansing be Less frequently per-

Ird day of 086. In sneh cleans-
'kI upholster* and back-

practicable, BhaU be removed from the coach
air for mechanical cleansing, and be ex-
posed to sunlight n prevailing meteorological
Conditions will permi*.

n. L.

394

HEALTH LAWS OF KENTUCKY

Method of
cleansing-.

Anti-spit-
tinsr pro-
vision.
All train-
men made
inspectors.

Treatment
of Inf< cud
coaches.

Care of

toilet

rooms.

Disinfected

after each

trip.

Apply to
sleeping-,
chair and
dining cars.

Rule 169. All interior surfaces in coaches are to
be mopped, scrubbed or cleansed, at intervals of not
more than ten days, with solutions of mercury bichlo-
ride, carbolic acid, tricreosol or other disinfecting
preparation preferred by any corporation and ap-
proved by this board as to ingredients and strength.

Rule 170. Spittoons are to be provided in num-
bers of not less than one for each seat in all smoking
cars and toilet rooms, and one at each end of all other
day coaches and in all waiting rooms. Placards pro-
vided by this board shall be displayed at each end of
all such coaches and in all waiting rooms, indicating
the importance of using the spittoons, and it shall be a
violation of these rules for any person to spit upon
the floor, or platform, of any railway car, or other
public conveyance, or upon the floor of any waiting
room or platform in any station or depot; all con-
ductors and other train and station men within this
Commonwealth are hereby appointed special sanitary
inspectors of the state board of health to assist in
securing the proper enforcement of this rule.

Rule 171. All coaches of any kind in which an
actute infectious disease has been carried shall re-
main closed and unoccupied after such person has
been removed until it has been thoroughly cleansed and
disinfected. All day coaches .in regular use for
through travel are to be disinfected after cleansing,
by some method approved by this board, at intervals
of not more than ten days.

Rule 172. All toilet rooms, water closets, urinals,
spittoons and toilet appliances are to be scrubbed with
soap and hot water and disinfected with formalin, or
other approved method, after each trip's use, and
kept as clean as possible when on the road and all
similar rooms and appliances in stations shall be
cleansed daily in the same way.

Rule 173. All preceding regulations in regard to
cleanliness and disinfection shall apply equally to

HEALTH LAWS OF KENTUCKY

195

sleeping, dining, buffet and parlor cars used in the
service of the public

Kule 174. All blankets, curtains and hangings
used in sleeping ears shall be exposed to superheated
steam or other means of disinfection, approved by this
board, at intervals of not more than ten days, and all
matti hall be so treated at intervals of not more

than thirty day-.

Rule 175. In each Bleeping ear there shall be
rani' ..ny approved sanitary type, meet-

ing tli«- approval of this board, which shall, upon the
occupancy of any upper berth, be placed therein by the
car attendant, whose duty shall also be to notify the
occupant of its r i for use. Owners of sleeping

miiis: provide proper supports and buckets for
sucli spi

B railway or sleeping car company

opera' rs within the limits of this State shall

it, and do porter or other employe shall sweep,
such ear while en route or occupied by passengers,

or Bhall brash or dual the clothing or belongings of
n in the aisles or body of the eats while so

oeeup

lie 17b\ All railway and trolley depots or
stations in this State not located upon a line of and

Uy connected with an approved system of sewers,

shall on or before November 1. 1019, be provided with

• tank privii o their prem-

I in rise and arrangements to the

number and sex of the persons likely to use them;

such tanks to be located nearby, but below the level

r draining away from, or as remote as possible

from, the ueai ind springs, such tanks to be

!• those of the Kentucky Sanitary Privy

or som<' other plan approved by the State Board of

!i. Some reliable pei tated and

ible for the duty of enforcing the printed

lotions which will h" furnished by the board to

of the privy hou

Blankets,
hangings
and mat-
tresses to
be disin-
fected eacli
10 days.

pittoons
>r upper
'rths.

su .vping
of cars.

r con-

ii. ctions.
Septic tank
privies.

196

HEALTH LAWS OF KENTUCKY

Plans for
water sup-
plies and
sewers to
be ap-
proved.

Change of
plans to be
a- proved.
Sewer
contracts.

Sites and
plans of
certain
manufactur-
ing plants.

Trotection
of streams,
lakes or
reservoirs.

PUBLIC WATER SUPPLIES AND THE
CONTAMINATION OF STREAMS

Rule 177. No municipality, corporation, institu-
tion or person shall install or enter into contract for
installing, any public water supply or system of sew-
erage until complete pians and specifications fully de-
scribing such water supply or system of sewerage have
been submitted to and received the approval of the
state board of health in writing.

Rule 178. No municipality, corporation, institu-
tion or person shall make or enter into contract for
making any additions or alterations in any public
water supply which involve a change in the source of
supply or change in the method of treating the water
for purification purposes until complete plans and
specifications fully describing such additions or alter-
ations have been submitted to and received the ap-
proval of the state board of health in writing.

Rule 179. No municipality, corporation, institu-
tion or person shall make or enter into contract for
making any additions or alterations in any system of
sewerage which involve any change in the outfalls or
change in the methods of disposing of the sewage until
complete plans and specifications fully describing such
additions or alterations have been submitted to and
received the approval of the state board of health in
writing.

Rule 180. No municipality, corporation, institu-
tion or person shall adopt a site for the location of any
manufacturing or other industry, which produces
putrescible or otherwise objectionable liquid wastes,
until said site is approved by the state board of
health, and some method for adequately purifying
such wastes, satisfactory to the board, has been
adopted.

Rule 181. No person shall put the carcass or any
part thereof of any dead animal or the offal from any
slaughterhouse, butcher house or fish house or any
other spoiled meat or fish or any putrid animal sub-

HEALTH LAWS OF KENTUCKY

197

stance upon the bank of or into any river, stream,
pond, lake, reservoir, water works, well, cistern or
other place connected with a domestic water supply,
or permit any such things to remain on any such prein-

iwned by him which endangers the water supply

ly family or community.

NUISANCES WHICH MAY AFFECT LIFE AND

HEALTH.

Kule 182. The local health officer, upon receiving
.plaint of tl> ace within his jurisdiction of

a nuisance which may affect health, or is so offensive
to tli as to interfere with the comfort or en-

joyment of life, or when the probable existence of any
to aia attention, shall make an
immediate and thorough investigation, and if such
all take all measures within his
• and authority to secure its abatement.
Kule 183. The health officer shall within five
of tin' receipt of the complaint file with the local
board of health \

(a) The complaint, if made in writing, or, if not

6 in writing, a summary thereof; or, if
no complaint has been made, a statement of
th facts: and

(b) A report showing:
(i) His findings.

(ii) His opinion as .er or not the con-

ditions amount to a nuisance likely to
affect health,
(iii) The action, if any, taken by him; and
(iv) AVI neb nuisance has been abated.

Rule 184. If said report of the health officer
stages that t! b nuisance likely to affect health

which has not 1 n abated, the local board of health

shall convene promptly, Investigate the alleged nuis-

and tak<- the i "ps provided by law

for its abatement, or, within a reasonable time from

Health
officer to
investigate.

Duties of
health offl-

ii re-
ceipt of
complaint.

Board to
convene.

198

HEALTH LAWS OF KENTUCKY

Duty of
health offi-
cer if board
fails to act.

Notice to

convene

board.

the filing' of the health officer's report, enter on its
minutes its decision, giving its reason for not taking
action.

Rule 185. Within forty-eight hours after the
entry of such decision, the health officer shall forward
a copy thereof to the state board of health, together
with the original or copies of the papers filed by him
with the local board.

Rule 186. If, in the pinion of the state board of
health, the conditions complained of constitute a nuis-
ance likely to affect health and the abatement or re-
moval thereof is necessary for the public good and for
the protection of life and health, the said board may
by notice to the presiding officer of the local board of
health direct him to convene such local board to take
certain definite proceedings concerning which the said
board is satisfied that the action recommended by him
is necessary for the public good and is within the jur-
isdiction of such local board of health.

Rule 187. Upon the receipt of such notice from
the state board of health, the presiding officer of the
local board of health shall promptly convene such local
board, which shall take the action directed by the
said board.

FORM OF NOTICES FOR NUISANCES.

Rule 188. The following shall be the form for
the abatement of nuisances after they have been de-
clared such by the local board of health having juris-
diction :

Office of the County (or City)

Board of Health.

Ky., 19

To owner (or occupant)

of Under the authority

conferred upon this board by section 2057 of the Ken-
tucky Statutes, you are hereby notified that, after ex-
amination, the board has decided that a nuisance
dangerous to the public health (or source of filth or

HEALTH LAWS OF KENTUCKY 199

cause of sickness) exists on the above described prem-
ises, as follows and, under

the express power and authority conferred by said
tute, you are hereby ordered to remove the same

in hours (days) after the service

of this notk •. Which time this board lias deeided is a
reasonable time for the removal of said nuisance
tree of filth, or cause of sickness), and you are
warned that if yon shall rail or neglecl so to do, that
the law provides that you shall be fined not less than
ten nor more than one hundred dollars, and that each
day's continuance of such nuisance (or source of filth,
or cause of sick b separate offense.

Done by the County (or City)

Board of Health, al a meeting held at

Ky.. at o'clock, a. m. (p. m.),

L9 . i q >f said board being pr< rod

and Health Officer. County.

Such a shall be prepared In duplicate, and

one copy shall be served on the owner <>r occupant of

erty containing the nuisance, or source of

filth, or cause 61 sickness, and one retained by the

irving said notice.

shall note thereon I \\ hour and day, and

the manner in which and upon whom it has been

,1 when so served and noted, said copy shall

ridenee that a nuisance exists on such

premi • rach not

3CELLANEOUS.

Moviv; vu 'i [JRB AND OTHER THEATERS AND
ASSEMBLY ROOMS.

Rule 189, Moving picture and other theater and

ibly rooms shall be well ventilated, with ample

provi clean, fresh air and for keeping

it in motion during all performances. They shall be

200

HEALTH LAWS OF KENTUCKY

Spitting in
pu Dis-
places for-
biddrn.
Untroarded
cougrhing-
and eneez-
inir for-
bidden.

heated when necessary to between 68 degrees and 75
degrees P. The walls and floors shall be kept clean,
and, at the discretion of the local board of health hav-
ing jurisdiction, they may be closed by written order
during any epidemic of disease likely to be spread by
crowds. After August 1, 1919, no motion picture or
other theater or assembly room shall be built or used
or occupied as such without first submitting plans to
and securing a permit from, the state board of health.

HOUSING.

Rule 190. Every person, firm or corporation em-
ploying labor and providing housing for same or for
renting, leasing or housing, shall provide for each
house or group of houses a pure, abundant and acces-
sible drinking water supply; shall prevent soil pollu-
tion by connection with or installation of a sanitary
sewage system, or by the installation of Kentucky sani-
tary privies; shall provide fly-proof screens for dining
rooms and kitchens, and shall provide adequate hous-
ing room for each family. All plans for new installa-
tions and alterations of existing ones shall be submitted
to the state board of health for approval of their sani-
tary conditions before beginning work on same, and
owners of houses whose unsanitary condition or sur-
roundings cause disease to their inmates or neighbors
shall be liable for the expense caused thereby.

Rule 191. Spitting in public places forbidden.
Spitting upon the floor of schools, court houses or
other public buildings or buildings used for public
assemblage, or upon the floors, walls or platforms or
any part of any railroad or trolley car or stations or
boat, or any other public conveyance, is forbidden.
In order to prevent the conveyance of infective ma-
terial to others, all persons are required, in cough-
ing and sneezing, properly to cover the nose and
mouth with a handkerchief or other protective sub-
stitute. It shall also be the duty of every person to
observe all such regulations as may be issued by the

HEALTH LAWS OF KENTUCKY

311

state board of health to prevent the transfer of in-

re materia] from the nose and mouth.

Kule 192. Common towel forbidden. No person,
firm or corpora don owning, in charge of, or in control
v lavatory or wash room in any hotel, lodging
house, restaurant, factory, store, office building, rail-
way or trolley station, or public conveyance by land
or water shall provide in or about such lavatory or
wash room any towel for common use. The term
"common use" in this regulation shall be construed
to mean, for use by more than one person without
ing.

Rule 193. Common drinking cups and drinking
and eating utensils forbidden. The use of common
drinking cups, and of common drinking or eating
ils in any public place or public institution, ex-
cept in hospirals tor the insane, or in any hotel, saloon,
lodging house e, factory, store, school or public

hall or in any railway or trolley car or ferry boat; or
in any railway or trolley station or ferry house; or
the furnishing of any such common drinking cup or
drinking or 1 1 common use in any such

place is prohibited.

The term "common use" in this regulation shall
be construed to mean, for use by more than one per-
son withoul adequate cleansing.

Bole 194. Barbers and barber shops. Every bar-
ber oi- other person in charge of any barber shop shall
snefc barber shop at all times in a clean and sani-
tary condition.

No person shall act as a barber who is affected
with syphilis in the infective stage or with any other

nunieable disease rated in this code, in an

rm, or with any communicable affection of the
skin.

The hands of the barber shall be washed with soap
and water before serving each customer.

No shaving or lather brush shall be used in any

barber shop unless the hair or bristles thereof have

fl for one hour in a solution of J to 1,000

Common

towel

lorbidden.

Barton and
barber

shops.

Methods
and pre-
cautions.

202 HEALTH LAWS OF KENTUCKY

corrosive sublimate as a safeguard against anthrax
germs.

Brushes and combs shall frequently be cleansed
with soap and water.

Shaving mugs and brushes shall be thoroughly
rinsed after each use thereof.

There shall be a separate clean towel for each
customer. The head rest shall be covered by a clean
towel or paper.

Alum or other material used to stop the flow
of blood shall be applied in powdered or liquid form
only.

After the handling of a customer affected with
am^ eruption, or whose skin is broken out, or is in-
flamed or contains pus, the hands of the barber shall
be immediately disinfected. This shall be done by
thorough washing with soap and water, followed by
rinsing in alcohol (70 to 80 per cent.) or in a solu-
tion of corrosive sublimate (1 to 1,000), or by the
use of some equally efficient disinfectant.

The instruments used for a customer affected
with any of the above named disorders shall be made
safe immediately after such use by washing with soap
and water and dipping for one minute in a ten per
cent, solution of commercial (40 per cent.) formalin;
or dipping for three minutes in alcohol (70 to 80 per
cent.), or by use of some equally efficient disinfectant.

No cup or brush which has been used in the shav-
ing of a customer affected with any of the above in-
fectious disorders of the face shall be used for an-
other customer unless the cup shall have been emptied
and cleansed by boiling water and furnished with fresh
soap, and the brush has been sterilized by a three
minutes' exposure to alcohol (70 to 80 per cent.), or
to a corrosive sublimate solution (1 to 1,000), or by the
use of some equally efficient disinfectant.
Manucures Rule 195. Manicures and chiropodists. The uten-

poaists. rc sils and instruments employed by manicures and chi-
ropodists in pursuit of their occupations shall be kept
in a clean and sanitary condition.

HEALTH LAWS OF KENTUCKY

203

After serving customers affected with a visible
skin disease the hands and instruments of the operators
shall be immediately cleansed and sterilized. Every
barber or other person in charge of any barber shop
or place where manicuring or chiropody is done shall
: thifl and the preceding rule in such shop.

Rule 196. All matters pertaining to the enforce-
ment of the drug section of the Food and Drug Act
will be referred to a committee of the president and
secretary of the State Board of Pharmacy, the presi-
dent ami Secretary of the State Hoard of Health and
the drug inspector of the state Hoard of Health with
power to act with this board. This committee will re-
port to the board an ion will be ratified by it.
person shall spit upon the floors,

walls or entrances of any eour. house, school house,
church <>r other place of public assembly, upon the
sidewalks of any city or town, or upon the tloors, walls
or platforms pf any railroad or trolley car or station.
Rule 198, No II be kept or fed in confine

■ 1 to mil l008C on the streets, within

any incorporated city "i- town, or within a half mile

of the limits thereof; both city and comity boards of

th, within their r< • jurisdiction, may grant

litfl for the k'-epii [.on lands actually in

>r pastures where th- and the clean-

tly maintained are such as to prevent

her conditions inimical to the

adjacent to such

lane

Rule 199, X" person, Sim or corporation shall

sell oi ■•■fi'iu or caskel tor the burial or

dead bodies unless the purchaser
■hall present of the transaction a burial

p. runt duly signed by a Local or deputy registrar of

ded that this nil" shall no' apply

reons, firms, or eorpoi tngaged in the whole-

i or casket i or manufacturers of

Regulations

to be
posted.

Pood and
drug regu-
lations.

Spittin
public
places for

bidden.

No hog* in
town and
city limits

m warm
ons.

Sal.- Of

eoftna snd
caskets to
be based on
burial

ites.

KENTUCKY SANITARY PRIVY.*

.**AD* U»

4'POROUd ! '.4*(JUA2E» TlVt

fARM_TJIUll i i:'.-2:. -^^^~-~-=^.-=.

-,!&

Fie-. *
Vertical Section-

S FARM TILE 4 ' *"fitA2TD TILE

■1-6«-

^f:'-"-;--V-^ **•:*.-' ^\f-'''-.:-'.'.: ::«>.•••■■.•*; •.■•.'••<?■■•

■•■•i:

I*}

.•' K
o" L
. V
ifff—

. K

M
I

H?f

a — i.
!

i i
V J

MS5

4'-

■:■> rf ;.^-7rrtrvT ^^

-Z-o*-

2^oL

j=? y | h

if:;."

■i,

-5:r

>*>i

ficx. -
~ Horizontal 5ection~

♦Showing 600 gallon tank which may be utilized to dispose of wastes from bath room
and indoor closets, or as an outdoor privy. It can be constructed for $25, if one does the
work himself and is self-cleaning-, fly-proof, odorless and will last forever. Bulletins and
plans ior privy sent free on application.

HEALTH LAWS OF KENTUCKY

206

Rule 200. The manure from every public and
private stable and the yards connected therewith lo-
cated within the corporate limits of any incorporated
town or city, or within half a mile of the boundaries

■of, shall be gathered and scored in fly-proof, com-
pact bins, or hauled away and broadly scattered on
the fields and gardens, once each week from April 1
iber 1. each year, in order to stop the breed-
ing of flies as a health measure.*

Rule 201. All hotels, restaurants, health resorts,
court houses, school houses, railway and trolley stations
and other places of public resort and use, not on a
line of and actually conn, .-led with an approved sy

all. on or before November 1, 1919, con-
strue! sanitary septic tanks, with which toilet and bath
rooms and closets shall be connected, where water sup
purposes are available, or for outdoor
priviea where Buch water supplies do not exist, pro-
portioned in size and arrangement to the number and
sex of tli to use them; such tanks to be

located near the house, but below 1 of, or drain-

ing away from, or as remote as possible from the
prings; such tanks to be modcle'd after
those of the I Sanitary Privy, or Borne other

plan approved by the state board of health. Some
in shall ! Etated and held responsible

{<>r <' reing the printed instructions,

which will be by the board for posting in

each of such toilel or privy rooms. This form of tank
ami privy, not being patented Lb inexpensive if con-
st met. •«] and operated in strict accordance with in-
ftrucl adopted and is in extensive

in many l'esaml eountries. Bullet ins with

I and t'ul! directions will be sent free upon ap-
lieation.**

Manure in
puouc and
private
utu ii& and
yards.

Hotels,
railway
stations,
schools and
court

Uousea and
all other
public build-
in u's, not
connected
with sew-
ers, to be
provided
with septic
tank
privies.
Instructions
for care of
same.

• Roth as a health measure, and for the protection of live
stork from flirs as a matter of economy, the ***** b~«>rd of

the same system for the
weekly removal and scattering of man flopted upon all

♦• T' board of h( entljr recommend that sim-

t oik prh < ry residence in un-

'•luntry districts in Kentucky, as the most

reliable protection known against typhoid fever, dysentery,

diarrhoea, cholera infantum, hOOkWOrmi and other inteatlnal

- -

206 HEALTH LAWS OP KENTUCKY

DRUGS.

Rule 202. A drug bearing a name recognized in
the United States Pharmacopoeia or National Formu-
lary without sufficient further statement respecting its
character, shall be required to conform in strength,
quality and purity to the standards prescribed or in-
dicated for a drug of the same name recognized in
either of these above named standards official at the
time.

Rule 203. A drug bearing a name recognized in
the United States Pharmacopoeia or National Formu-
lary and branded to show a different standard of
strength, quality and purity shall not be deemed adul-
terated if it conforms to its declared standard. But it
shall have the word " unofficial7' to immediately pre-
cede its title-label and in the same size type : for exam-
ple, "UNOFFICIAL TINCTURE OPIUM," together
with a correct and sufficient statement as to wherein
the unofficial product differs from the standard of
strength, quality or purity required in the Pharmaco-
poeia or National Formulary. This ruling, however,
shall .not be construed to permit substitutes or imita-
tions. As for example, if any substance is substituted
for opium, in whole or in part, it must not be labeled
"UNOFFICIAL TINCTURE OPIUM."

Rule 204. In order to more fully carry out the
intent and purposes of the law regarding substitution,
manufacturers may file with the Director of the Food
and Drug Bureau of the state Board of health distinct-
ive tests for the identification of purity and strength of
their respective products. And if after verification
they shall be found true and correct, the Director may
adopt same for the particular products to which such
tests are intended to apply.

Rule 205. No drug products, whether simple,
mixed or compounded, with or without "distinctive
names," are required to bear the name of the manu-
facturer or producer, or the place where manufactured
or produced. In all cases where the name of the party

HEALTH LAWS OF KENTUCKY 207

or place is stated upon the label, such name must be
the true name of the actual manufacturer, producer, or

cer and the true name of the place where the a trie!
was manufactured, produced or packed.

Rule 206. If, for trade reasons, a name or a plac
be given upon tin4 label of drugs manufactured or
packed for any person, firm or corporation by another

'ii, firm or corporation, one of two forms of labels
ia allowed, viz:

(a) The name of the actual manufacturer or
packer and the place where the goods were actual
manufactured or packed may be given; or

(b) The name of the person, firm or corporation
for vi bom the goods are manufactured or packed or by
whom they are distributed may be given, if prece

by the words 'Prepared for," "Manufactured for"
by,'1 etc. Phe phrase "Sold by" is not
sufficient. This rule holds even if the formula or pre
script ion be furnished or owned by the parties for
whom the goods are manufactured or packed.

Rule -07. tg or preparation of drugs shall

ild or offered for sale or kepi in stock which con-

on the label, carton or wrapper

or in any accompanying literature, as to the medicinal

of the drug or combination of drugs whie
untrue.

Rule 208. A drug or p ion of drugs, except

in t!, eians' prescriptions, or drug or

ii of dri^ zed in the United States

opoeia or National Formulary, is misbranded

• fails tO be;!. ue-nt on the label of the

y or proportion which shall not vary

'he (piaut it \ claimed of any alcohol,

morphine, opium, eocaine, heroin, alpha or beta eucaine,

chloroform, cannabis indica, chloral hydrate or acetani-

lide, or any derivative, or any preparation of any such

: at is contained therein.

The words alcohol, morphine, opium, etc., in quan-

or in": which is required to be

208 HEALTH LAWS OF KENTUCKY

stated in the label in accordance with Paragraph 4 of
Section 7 of the Food and Drug Law, shall be plainly
written or printed in letters corresponding in size to
eight-point (brevier) caps where the size of the pack-
age will permit. In case the size of the package is too
small for such type, the size of the type may be reduced
proportionately.

Eule 209. If the true formula is printed on the
package or label of a drug in type defined in the Regu-
lation, or plainly written on the label, it shall be
deemed to comply with the law. The term " alcohol' '
is defined o mean ethyl alochol, of the degree of refine-
ment required in the Pharmacopoeia. No other kind of
alcohol is permissible in the manufacture of drugs ex-
cept as specified in the above.

Rule 210. Where a dealer has preparations on his
shelves containing substances as enumerated in the law
which are required to be named on the label, and wlrch
are not so named on the label, and where it is found
impossible for the realer to ob'ain from the manufac-
turer the percentages of any of these substances con-
tainen therein, ani where request is made from a suffi-
cient number of druggists in different sections of the
state regarding a drug product, the Director of the Ex-
periment Station shall procure samples of said drugs
and determine by analysis the amount of alcohol, co-
caine, opium, etc., contained in any such drug product
and furnish the dealer the necessary data to be placed
on said labels. Any such analysis placed upon the
label of any drug shall not bear the name of the analyst
nor the name of the Experiment Station. Dealers must
make application for such request before July 1, 1919.

Rule 211. The use of sacharin and saponin is ab-
solutely forbidden in the prepaariton of any drug food
or beverage intended for human consumption.

HEALTH LAW* OF KENTUCKY 209

TRANSPORTATION OF DEAD BODIES.

Rule 212. The transportation of bodies dead of
smallpox or bubonic plague, is absolutely prohibited.

The transportation of bodies dead of Asiatic
cholera, yellow 'fever, typhus fever, diphtheria
(Membranous croup), scarlet lever (scarlatina, scarlet
rash), erysipelas, glanders, anthrax or leprosy, shall
not be accepted for transportation unless prepared
for shipment by being thoroughly disinfected by (a)
arterial ami cavity injection with an approved dis-
infecting fluid, (b; ction and stopping of all
orifices with absorbent cotton, and (c) washing the
body with a disinfectant, all of which must be done
by licensed embalmer holding a certificate as such,
Led by the State Board of Embalming of Kentucky.

After being 'ted as above, such bodies shall

be enveloped in a layer of dry cotton not less than one
inch thick, con i in a sheet securely

1 i i air-tight zinc, copper or
lead-lined coffin, or iron casket, all joints and seams
her and all enclosed in a strong, light

wooden box, or the body being prepared for ship-
ment by disinfecting and wrapping as above, may be
plnced in a strong coffin or casket, encased in an air-
tight zinc copper or tin-lined box, all joints and seams
hermetically <>d.

Rnl of those dead of typhoid

fever, puerperal fever, tuberculosis, or is, may

be received for transportation when prepared for ship-
wit h an approved
fluid, and washing the exterior of the body
with the same, which must be done by a licensed em-
lila', km- holding a certificate as provided for in Rule

Rule 214. The bodies of those dead from any

cause not stated in Role 212 ma; is-

tation when I in a sound coffin or cas-

ktt, ind *nHo*rd in a strong outride wooden box.

210 HEALTH LAWS OF KENTUCKY

provided they can reach their destination within
30 hours from the time of death. If the bod}'
cannot reach its destination within 30 hours from the
time of death, it must be prepared for shipment by
arterial and cavity injection with an approved disin-
fecting fluid, and washing the exterior of the body with
the same by a licensed embalmer, as defined and di-
rected in Rule 212.

Rule 215. In the shipment of bodies dead from
any disease named in Rule 212, such body must not
be accompanied by persons or articles which have been
exposed to the infection of the disease unless certified
by the health officer as having been properly disin-
fected.

Before selling tickets, agents should carefully ex-
amine the transit permit and note the name of the
passenger in charge, and of any others proposing to
accompany the body, and see that all necessary pre-
cautions have been taken to prevent the spread of the
disease. The transit permit shall in such cases speci-
fically state who is authorized by the health authori-
ties to accompany the remains. In all cases where
bodies are forwarded under Rule 212 notice must be
sent by telegraph by the shipping undertaker to the
health officer, or, when there is no health officer, to
other competent authority at destination, advising the
date and train on which the body may be expected.

Rule 216. Every dead body must be accompanied
by a person in charge, who must be provided with a
passage ticket and also present a full first class ticket
marked "corpse'' for the transportation of the body,
and a transit permit showing physician's or coroner's
certificate, name of deceased, date and hour of death,
age, place of death, cause of death, and all other items
of the standard certificate of death recommended by
the American Public Health Association and adopted
by the United States Census Bureau, as far as obtain-
able, whether a communicable or non-communicable
disease, the point to which the body is to be shipped,

HEALTH LAWS OP KENTUCKY 21 L

and when death is caused by any of the diseases speci-
m Kale 212, the aames of those authorized by
the health authorities to accompany the body. Also
the undertaker's certificate as to how the body has
id for shipment. The undertaker's cer-
tificate and i iall be detached from the transit
i1 and securely fastened on the end of the coffin
box. All coffin boxes must be provided with at least
four handles. The physician's certificate and transit
permit shall be placed in an envelope, which envelope
irely tacked on the coffin box.

Hub' 217, When bodies are shipped by express

a transit permit mtu ade out as described in

Rule 212. The undertaker's certificate and paster

shall shed from the transit permit and securely

tie coffin box. ^ha phys certificate

and transit | -;:;:'I be a1 ached to and aecom-

,iybi!l covering the remains, or

d in an . which i is to be securely

tacked on the coffin box, and be delivered with the

at the point of destination bo the person to whom

218. i disinterred body, dead from

any .! -hall be treated as inl'eetious or

I the public health, and shall not be ac-

lOVSJ has

ed by the state or provincial health au-
aaving jurisdiction where such body is dis-
interred, and tin : of the health authority
the I • > which the corpse is consigned has
si] such disinterred remain
containing the must be
ped in a woolen blanket thoroughly saturated
with a 1-101)0 solution of Corrosive sublimate and en-
I in a !■• Lered zinc, tin or copper-
lined dies deposited in receiving vaults

shall not be tl i.d considered Hi'' Same as buried

lly prepared by a licensed era-

(fined in Rule 213, and as directed in

212 HEALTH LAWS OF KENTUCKY

Rule 214 (according to the nature of the disease
causing death), provided shipment takes place with-
in 30 days from time of death. The shipment of
bodies prepared in the manner above directed by li-
censed embalmers from receiving vaults may be made
within 30 days from the time of death without having
to obtain permission from the health authorities of the
locality to which the body is consigned. After 30 days
the casket or coffin containing said body must b<> en-
closed in a hermetically soldered box.

i rvJn^Wa
SliVOMU , •' '' N

TO BE RETAINED BY SEXTON

No. of Permit Registration Dist. No.

Name of Deceased

Cause of Death

Date of Issue

Local Registrar

w
O

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> 2

v fa

>;2

° £>

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to 53

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CCH

HEALTH LAWS OF KENTUCKY 215

PUBLICITY FOR RULES.

Rule 220. Each local board of health, county or
city, shall procure the publication of such of the fore-

• rules from time to time as will meet indications
and « : hat may arise, and as will best pro-

and protect the public health.

ENFORCEMENT.

and regulations made by the state
boar.; -a lth and adopted by the various local

Is, in accordance with powers given by the act
ing the State and local boards of health, etc., are
3 to be obeyed by every individual in the State.
All prosec or violations of the statute law,

or tfa of local boards of health, should be in-

stituted by the several county or prosecuting attorneys
of tl upon information of such local boards.

and regulations are hereby
all rub gulations heretofore pro-

mulgated by circular, card or pamphlets, or through
p publications, in conflict with the foregoing,
hereby revok

By order of the Board, this May 12, 1919.
JOHN G. SOUTH, M. I>. President.
A. T. MfeCORMACK, M. D. Secretary.

COURT DECISIONS UNDER HEALTH LAWS.

Superior Court of Kentucky, January Term, June 1, 1885 — Nelson
County Court, appellant v. The Town of Bardstown, appellee
— Appeal from Nelson Circuit Court.

The court, being sufficiently advised, delivered the following
opinion herein :

There was no conflict in the evidence showing that in the early
summer of 1883 the smallpox prevailed in Bardstown to such an ex-
tent as to create the apprehension that it would spread over the coun-
ty, and to requite, m me opinion of the local board oi health, prompt
action to restrain it. That board directed the trustees of the town
to erect a pesthouse, which was done. Ground was leased, necessary
arrangement made and attendants employed. Those only were taken
there and cared for who, being dependent on daily wages for daily
bread, were left without any means of support when stricken down.
Most of them lived in the town limits, some of them outside. Among
them only two had been heretofore provided for by the county as
paupers. An ordinance of June 20th, amended June 22d, of a pre-
ventive character, required a general vaccination at the cost of the
town, for those who were poor; an ordinance of June 25th provided
for a lease of ground for a pesthouse, erection of suitable buildings,
employment of attendants, and levied an additional tax to meet the
"heavy outlay of money" caused by the outbreak of smallpox, and
on the same day a committee was appointed to ask the county judge
"to make such appropriations as may be proper, to be paid by the
county treasurer, to aid the trustees of Bardstown in maintaining the
smallpox hospital, as all persons therein kept are citizens of Nelson,
and some are residents of the county outside of said town. ' ' Septem-
ber 15th another committee was appointed to apply to the county
court "to make appropriations toward paying the expenses incurred
by the town in taking care of smallpox patients." The county levy
court met in October, and the order says : ' ' This day came the town
of Bardstown and presented a claim of $962,24. fo^* taking ea^e of
smallpox patients and suppressing said disease epidemic in Bardstown
and vicinity, during the past summer, and asked that the county pay
one-half of said claim ($481.12) ; and thereupon the court allowed

HEALTH LAWS OP KENTUCKY 217

250 on said claim, to which said town excepted, and prayed
an appeal to the Nelson Circuit Court, which was granted."

Afterwards, on the same day, again came the town of Bards-
town, and motioned the court to pay the full amount of said claim,
to-wit, $962.24; and thereupon the court "refused to take any ac-
tion." From this order an appeal was prosecuted to the circuit court.
The county judge, when applied to by the committee, declined
to make any appropriation, supposing he had no right to do so.
Nothing done by the trustees was done at the instance or suggestion
of any county official. On this evidence the circuit court ordered
the jury to find a verdict in favor of the town for $796.24, subjcet

lunty court, the town having dis-

demand but that much.

This direction can be sustained only on the assumption that the

rail, bound to reimburse anyone for money expended by

him in earing for the destitute, though the expenditure was not au-

county officer; or that it is bound to pay whatever

led by anyone acting under the direction of

Upon and to
care for the by it. For if no liability existed, it

cannot be main; he act of allowing $250 tends in any de-

gree to create it. In Rodman v. Larue County, 3 Hush, 145, the
county judge, and in Marion County v. Avcritt, 1 Ky. Law Rep.,

had procured t he service to be rendered

for the count inee by the court was held to be

a re id of the professed agency, and leaves only the amount to

be considered. Bere thei it; no county official

d tie c it is obvious that the town did not

e money upon tl iption even that it was acting

iceonntofth ?, or thai the county's duty to

ould be paid by the

No application i«> tl >urt or to any county officer

de at the on !' health ordered the trustees to

act. BS trustees to do, they

L They then aslo>d the countv

aid the * he thought proper;

iked the county COUll to allow them only half they had

this time. It is evident that the town asked aid on

strong moral ground, and did not assert a legal demand.

218 HEALTH LAWS OF KENTUCKY

Nevertheless, if such demand existed, it was lost by what
was done, Section 2 of Chapter 86 of the General Statutes pro-
vides: "It shall be the duty of the county courts to provide for
the support of the paupers of their respective counties." Section 1,
Article XVI, of Chapter 28, confers jurisdiction on county courts
to make provisions for the maintenance of the poor.

The act of April 28, 1880, amending the act of March 16, 1878,
establishing a board of health, provides for local boards of health,
and declares that tbey "are empowered, and it shall be their duty,
to inaugurate and execute, and require the heads of families to ex-
ecute, such sanitary regulations as the local board may consider
expedient to prevent the outbreak and spread of cholera, smallpox,
yellow fever, scarlet fever, diphtheria and other epidemic diseases;
and to this end may bring the infected population under prompt
and proper treatment during the premonitory or other stages of
diseases; and they are empowered to go upon and inspect any
premises which they may believe are in unclean and infectious
condition ; and said boards are authorized to enforce the rules and
regulations adopted by the State Board of Health." The local
board is to be paid by the county court.

No provision is made as to the means by which the board
may enforce the execution of sanitary regulations, or "bring the
infected population under prompt and proper treatment." It pro-
vides no fund to pay the expense involved in the discharge of the
duty imposed, and it does not declare upon whose credit the board
shall act.

Prior to this act it rested with the county court, or county
judge in vacation (General Statutes, Chapter 86, Section 10), to
say what persons were paupers, and as such entitled to the public
aid; and for matters of mere maintenance, that is still the law.
However urgent may have been the personal need, whether for
shelter, bread or medicine, the public charity came through these
agents only, and no one else could create a debt against the county
by giving them necessary help.

While the act in question does not create a neAV or additional
duty in the county, it does create a new agent in regard to matters
of general health, and makes its decision as to what ought to be done
conclusive on the county, so far as to charge it with the expenses
incurred in caring for the indigent, afflicted with any of the con-

HEALTH LAWS OF KENTUCKY 219

tagious or infectious disi d to by the statute. Any other

rpretation makes the board merely an advisory body incapable
of doing those things which the statute declares it has power to
do and which its duty requires it to do.

It is in discharge of the ordinary social duly to care for the
helpless, but it goes further. If the poor man is neglected, he may
or freeze, but the calamity is personal, and his grave hides
it. but if. having an infectious which poisons the air, he is

left where he lies, the entire community is menaced. In such case
the statute confers on the board the power to d<> what it may deem
necessary to prevent the spread of the disease. It lias no fund
given it out of winch bo pay, r is the duty of the county to pro-
vide for the poor and the board is the constituted agent to see
thai provision is mad;' In such cases. On its order the town did
what it required, and having, under the order of the proper agent
done what t|,f. ];r>v LraVt. the agent power to have done, the county
►erly held liable. T! aenl is affirmed.

conn of k] I89fi H. P. Stephens,

inty Jui . appellant, v. John K. Alien, appellee —

Appeal from Kenton Circuit Court.

Opinion of iurt by Judge Paynter.

'Idie appellee, John K. Allen, was duly appointed and qualified
as a '• of the local hoard of health for the county of Kenton,

sad was chairman of the board. Be served as a member of the
board for two years, and tor the services which he rendered he
brought this action against the fiscal court of the county for the
sum . which amount was adjudged him.

Section 201 tacky Statutes, among other things, pro-

vides: -That the local board shall receive such compensation for
the county court in which the local board is estab-
l. shall, in their discretion, determine."
The tis,-;,i sd to allow anything for his services-.

ture intended thai the members of the local board of
health should be fairly compensated Cor the services they are re-
quired by law to render. ] -I with
erence to the compensation to which such hoard is entitled, is
not an arbitrary one, but it is a sound judicial discretion, and one

220 HEALTH LAWS OP KENTUCKY

that can be controlled. If the fiscal court has an arbitrary dis-
cretion in the matter, they could refuse to allow any compensation,
however valuable and meritorious might be the services of the
members of the local board of health.

The city of Covington is situated in the county of Kenton, and
being a city of over ten thousand inhabitants, it is the duty of the
city council to appoint Ti board of health for the city. It does not
appear in this record whe'her or not the council performed its duty
in that respect, but we presume that it did. but whether it did or not
is not important to determine in this case, because the appellee is
seeking to recover from the county of Kenton compensation for his
services rendered as a member of the local board of health of that
county. It is insisted that under the system of government that ob-
tains in the county of Kenton in respect to its county and fiscal
affairs, that if the plaintiff was entitled to anything it should be paid
porportionately by the county outside of the city of Covington, and
by that part embraced in the corporate limits of the city of Coving-
ton, according to the taxable property in the respective territories.

We understand, as the court did below, that the plaintiff does
not seek in this action pay from the county for his services performed
in the city. It is the fiscal court of the county which has charge of
the fiscal affairs of the county, levies taxes, allows claims against the
county, and makes appropriations to pay them; and the plaintiff
properly sued the fiscal court for his services.

It is contended that as the appellee lived in the city of Coving-
ton, he was not eligible to a position on the local board of health for
the county. All that is necessary to say on this question is that no
such issue was made by the pleadings ; hence we do not consider the
question as to whether or not he was eligible to hold the position as
member of the local board of health.

The judgment is affirmed.

Court of Appeals of Kentucky — Bell County v. Blair. Filed May
11, 1899— Appeal from Bell Circuit Court.

Opinion of the Court by Judge White.

The appellee, Blair, is a regular practicing physician and a mem-
ber of the board of health of Bell county, having been duly ap-
pointed by the State Board of Health. In the year of 1898 there

HEALTH LAWS OF KENTUCKY 321

was an epidemic of smallpox in the city of Middlesboro, a city of the
fourth class, situated in Bell county. By direction of the county
board of health, and under the supervision of the State Board, the
appellee was employed to take charge of the pesthouse or house of
detention, and there to treat indigent persons brought there. Ap-
pellee did this, and was engaged some time in February and March,
1898. He presented a claim to the fiscal court of Bell county for his
i<e. That court refused to allow any sum to appellee, and he pros-
ecuted an appeal by the petition to the circuit court. In the circuit
court a demurrer to the petition was overruled, and appellant an-
in whi( li was pleaded that the epidemic was wholly confined
within the city limits of Middlesboro, and also a denial of the sev

ed. * The court sustained a demurrer to
the pleading as a defense that the epidemic was wholly

in the ci iro, and >re a jury, who

250, and for that sum judgment was
. and from that judgment this appeal ii prosecuted.
There is no bill of in the record, and the only ques-

I is on the pi

By be answer, to which a demurrer

d 'hat b attended by

the appellee were in of Middlesboro, and also pleaded that,

with tin- in1 ■ appellant instead <>f the city, the board

of health of the county (tw< and tax-

fraudul with the intention to charge

rite and reli city from the burden. The allegation

only m<

By Section ' tin- Kentucky Statutes, it is made the duty

of every city of the with o\ i inhabitants, to appoint

a board of health, and these DO I gives the same power and

jurisdiction in then ave the county boards, and are

burdened by th ies and obiigfl nd by Section 2060,

ivided I r county shall pay its own board

of health.

li<»n 34 ection 6, cities of the fourth class are

ordinance for the regulation and preven-
D of contagious y powers given to

I for the city hoard of health provided by Section 2059.

222 HEALTH LAWS OF KENTUCKY

"We are of the opinion that, construing these two provisions of
the law, it is clearly the duty of the cities of the State of over 2,500
inhabitants to care for and maintain, through their own board of
health, all cases of contagious diseases, and of such other matters
as come within the jurisdiction of the board of health.

The jurisdiction of the city boards of health, being equal in
all cases to that of the county boards, must be held to be, so far as
the territory of the city is concerned, exclusive of the county
board, and the expense of the city must be borne by the city and
not by the county.

If, as alleged in the answer, all the cases of smallpox attended
by appellee were in and of the city of Middlesboro, they come
within the jurisdiction of the city board, and without the jurisdic-
tion of the county board of Bell county, and for Services rendered
therefor appellant is not found.

For the error in sustaining a demurrer to the second paragraph
of the answer, the judgment is reversed and cause remanded for
further proceedings consistent herewith.

Court of Appeals of Kentucky. Filed January 5, 1900— Henderson
County Board of Health v. E. C. Ward, Judge, etc. — Appeal
from Henderson Circuit Court.

Opinion of the Court by Judge Durelle.

This action was brought by the board of health of Henderson
county against the county judge and others composing the fiscal
court of the county for a mandatory injunction to compel appellees
to turn over to appellant the control of the county pesthouse and
the charge of certain smallpox patients therein, it being alleged
that public safety required the change.

It appears that in May, 1889, there was an epidemic of small-
pox in Henderson county, and upon the fiscal court undertaking to
scale the salaries of the physicians and others employed by the
board for the care of patients in the pesthouse, the members of the
board and the physicians employed by them resigned their office.
The fiscal court thereupon appointed a committee of its members
to take charge of the smallpox patients until such times as the
vacancies in the board should be filled. The committee thereupon
emploved physicians, nurses and guards to care for the patients.
The epidemic had by this time much abated, and in a few days the

HEALTH LAWS OF KENTUCKY 223

greater part of the patients had been discharged, as well as most
of those held in custody under the suspicion of being infected. The
State Board of Health reappointed the county board and its mem-
bers sought to take charge of I and patients, alleging

that some of the patients had been prematurely discharged, and
that public safety required the board to have control of the meas-
ures adopted for stamping out the epidemic. This being refused,
this Miit was brought, and the trial eourl dismissed the petition
upon the -round that the pesthouse was the property of the county,
in charge of the fiscal court, which had authority in case of neces-
sity to employ physicians and take charge of patients suffering
from epidemic diseases, and that a court of chancery could nob
compel the representatives of the county to surrender the custody
of the county's property.

It is manifest thai the propriety or the impropriety of the resig-
nation of the members of t he board cuts no figure in the proceeding.
Upon their reappointment by the state hoard, they had the same

rights— no l ! -than they would have had had they been

!• individuals appointed to the | The statute authorizing

their appointment and denning their pov. - to the State Board

and the county boards, large, but necessary, powers

in the < a idemie d They are empowered, and it is their

2055, Ky. Statutes) "to inaugurate and execute and to
reqi ds Of families an. persons T<> execute such san-

ttions as the local board may consider expedient to pre-
■ the outbreak and spread of cholera, smallpox, • ■ • • and
mic diseases; and to this end may bring the infected pop-
ulation under prompt and proper treatment during premonitory or

Power of inspection of premises believed
to !><• iii an andean i mdition m them, as well

;is p ilations of the State Board, and failure

is punishable by a fine. By

tion 2056, ti. i to establish quarantine against the

introductioi is or infectio ad may detain boats,

trains or eo elieved to contain infected persons or articles.

• ! justifiable only under the police power
of tl

It was undoubtedly proper for the fiscal court to take charge of
the epidemic during the time there was no local board. But it seems

224 HEALTH LAWS OF KENTUCKY

to us undeniable that, under the grant of power to "bring the in-
fected population under prompt and proper treatment during pre-
monitory or other stages of disease, ' ' the board had authority to take
charge of those suffering from the epidemic or suspected of infection,
and this necessarily implies the custody and charge of the pesthouse
wherein the patients were confined. In executing this power it was
of course necessary to employ physicians, nurses, etc. The board had
no power to fix their compensation. That compensation, like the com-
pensation of the members of the board themselves, was left to the dis-
cretion of the fiscal court — not to its arbitrary discretion, but to a dis-
cretion governed by the value of their services. (Stephens, County
Judge, v. Allen, 19 R., 1707 ; Nelson County v. Town of Bardstown,
7 K, 41.)

While the board is not by statute made a corporation, it is cre-
ated as an agency of the State. A similar agency has been, in the case
of Gross v. Ky. Bd. of Mgs. World's Columbian Exp'n (49 S. W.,
458), held suable as a corporation. And while penalties are imposed
for failure to observe the regulations and orders of the board, we do
not think the enforcement of such penalties by the criminal courts is
their only remedy. The board is a high governmental agency, en-
dowed by law with distinct legal rights, and charged with correspond-
ing important duties. In order to the performance of those duties
its rights must be enforced, and the courts of the Commonwealth
afford the proper means for their enforcement.

The judgment is reversed and cause remanded, with directions
to set aside the judgment and enter a judgment in accordance with
this opinion.

Court of Appeals of Kentucky. Filed June 16, 1900— Hengehold v.

City of Covington — Appealed from Kenton Circuit Court.
Opinion of the Court by Judge Durelle— The Whole Court Sitting.

By an agreed case, the court is asked to determine these ques-
tions :

1. Under the constitution and laws of the State, and the act
for the government for cities of the second class, has the city of
Covington power to pass an ordinance providing for the removal of
smallpox patients to a pesthouse*

HEALTH LAWS OF KENTUCKY 225

2. Can such city by ordinance vest such power to remove such

I to a pesthouse in its health board, or in any
three members thereof, or in the health officer 1

3. Can such removal of persons so afflicted be made by the board
ii or the health officer, notwithstanding the physician attend-
ing the patient shall certify in writing that the patient's life would

endangered by such removal, or that he has good and careful at-
tention, and his removal would not be advisable as a sanitary meas-
ure |

Tin1 agreed facts air that appellant's children, aged respectively
five, eight and thirteen years, were sick with smallpox, and that the
mayor of the city, chairman ex-officio of the board of health, and the
members of the hoard of health ami their officers, desired to remove
the patients t<> the city pesthouse, in Kenton county, which removal

the father, it also agreed that the disease was
prevalent in the city; that the pesthonse was in good sanitary
condition, with competent nurses and physicians in charge, and
ample room and accommodation.

I- i to be regretted that, owing to the urgency of the questions
not had time to brief the case further than
to furnish a eopy of the ordinance of the city and a reference to the
statu'

Section 2059, Kentucky statutes, it is made the duty of the

council ritv of ten thousand or more inhabitants to appoint

a board <»f health of six persons, three of whom are required to be

competent physicians, such board to elect a competent physician

r, who. as well as the mayor, is to be ex-officio member of

the board. It is further provided that ''such local boards shall have

[thin their respective cities and towns as local

Is for counties are invested with by this chapter."

tion 2060 provides for the compensation of the health officer,
am! enalty upon physicians or heads of families failing to re-

port bain named diseases.

Section 2055 makes provision for the appointment of county

and provides that "such local boards are empowered, and

■hall he their duty to inaugurate and execute, and to require

the )t families ami other pel i execute,* such sanitary

the local boards may consider expedient to prevent

the outbreak and spread of cholera, smallpox, yellow fever, scarlet

U. L.— 8.

286 HEALTH LAWS OF KENTUCKY

fever, diphtheria, and other epidemic diseases ; and to this end may
bring the infected population under prompt and proper treatment,
during premonitory and other stages of the disease. *..■••'• This
section gives power to the board to go upon and inspect premises
believed to be in an unclean and infectious condition, and to enforce
regulations adopted by the state board, and contains provisions
also for reports of the boards of such epidemic diseases.

By Section 2056, the local boards of the border counties are
empowered to declare quarantine against contagious or infectious
diseases prevailing in other States or counties, and large powers
are given to them to prevent the importation of infected persons
or articles.

Section 3058 Kentucky Statutes, being Section I, Subdivision
4 of the act for the government of cities of the second class, gives to
the council authority "to establish and enforce laws and regula-
tions ; to prevent the introduction and spread of contagious disease
in the city and within two miles thereof;" to provide for the de-
struction of diseased food products; to establish and maintain
hospitals in and out of the city; to condemn property therefor, "to
secure the general health of the inhabitants by any necessary meas-
ure." and "to constitute a board of health and elect or appoint
necessary health officers."

The city ordinance of Covington organizing and establishing
the board of health provides in Section 3 for the establishment of
a pesthouse, and for the expense of its management and the pay-
ment of the physicians, nurses and others in charge. By Section
4 it is provided that "whenever the smallpox, yellow fever, cholera,
or other contagious or infectious diseases, shall exist in city, said
board or any three members thereof, or the health officer, may
cause any person afflicted with such disease to be removed to the
pesthouse, as they may deem it necessary as a sanitary measure.
But if the physician attending the diseased person shall certify in
writing that the life of such person would be endangered by such
removal, or that he or she has good and careful attention, or thai
his or her removal should not be advisable as a sanitary measure,
then such removal shall or shall not be made, in the discretion of
the board." By section 5 the members of the board and health
officer are invested with police authority in the performance of
their duties.

HEALTH LAWS OF KENTUCKY 227

In view of the necessity of a prompt disposition of this case,
we shall state the conclusions we have reached as briefly as pos-
sible, without any attempt at an elaborate review of the authori-
ties.

The statutes and ordinance referred to are intended as an ex-
ercise of the police power of the government to promote the public
wel n at the expense of private rights. The preservation

of the public health has alwi held a proper exercise of police

power. Said Mr. Justice Bradley, in Boston Beer Co. v. Massachu-
setts, 97 U. S., 25: "Whatever difference of opinion may exist as
to tl it and boundaries of police power, and however difficult

it may be to render a satisfactory definition of it, there seems to be
no doubt that it do \tend to the protection of lives, health

and proper t; B."

There can be no doubt in order to prevent the spread of dis-
d to provide healthful conditions for the public boards of
ilth and like commissions may be created and invested with
power necessary and proper for such purposes. And in determin-
ing the vali the acts of such boards and their officers a
ral cons id in view of public good to be accom-
plished. (Perth Amboy v. Smith, 19, N. J., 52.)

There ran be no doubt of the 'power of the State Legislature

to create State Boar tealth for the preservation of the general

tlth of the State; to confer apon cities and counties authority to

make regulations for the health of their communities, and even to

corporation;, differing from political subdivisions,

with like powem within their limits. (Wilson v. Sanitary Dist.,

ill., 4GG; Nicholin v. . i'» X. J. 1- 391.)

th in England and the Tinted States such powers have been
aim tormly delegated to hoards of health of municipal corpo-

to enacl r lervation of the public health,

force of law within tin communities, and

Ould seem that, in tl ithority, mnnieipali-

itiea have an implied power to enact reasonable ordinances to pre-

public health and to prevent and to remove nuisances.

Dillon Mun. < : 308; Baker v Boston, 12, 12 Pick., 193,

22 A in. Dec. 421.)

Under i!^ general powers t" guard against epidemic diseases,
control and isolate persons affected with

228 HEALTH LAWS OF KENTUCKY

the disease; and this power seems expressly delegated to the local
boards by the provision that they are empowered "to inaugurate
and execute'' * * * such sanitary regulations as the local board
may consider expedient to prevent the outbreak and spread of

* * * epidemic disease, and to this end may bring the infected popu-
lation under prompt and proper treatment during premonitory and
other stages of disease. " * * * It is certainly a reasonable regula-
tion which provides for the removal of such cases to a pesthouse
in good sanitary condition, provided with nurses and physicians,
for the treatment of patients suffering with the disease. We are,
therefore, of opinion that the local board, or a quorum thereof, has
undoubtedly power to order the removal of an infected patient to
the pesthouse. "

It is a narrower question, in view of the fact that the legisla-
ture has given this power to the board, whether municipality can
confer such power upon less than a quorum, or upon the health
officer appointed by the quorum. But the charter of cities of the
second class gives power "to establish and enforce quarantine laws
and regulations to prevent the introduction and spread of con-
tagious disease in the city and within two miles thereof; * * * to
establish and maintain public hospitals within or without the city,

* * * and to secure the general health of the inhabitants by any
necessary measure.' '

The general rule upon this subject is that laws establishing
State Boards and laws establishing local boards shall be construed
together, so as to give effect to both. We think this rule should
be applied in this case to the general law as to the powers of local
boards, and the city charter expressly authorizing the municipality
to enact regulations in their behalf. It follows, therefore, that the
city is authorized to make additional and reasonable regulations
to prevent the spread of epidemic diseases.

The only remaining question, therefore, is whether a regulation
empowering three members of the board, or the health officer
elected by the board, to order the removal of a smallpox patient
is a reasonable regulation? We think it is, especially as there is
provided an appeal to the board, and a requirement of action by
the board itself upon a certificate by the attending physician that
the removal would endanger the patient's life. In such case the
necessity for immediate action is imperative, and it is not unreas-

HEALTH LAWS OF KENTUCKY 229

enable to permit the health officer, or less than a quorum of the
board, to order such removal, in a rase where it does not appear
that the removal would endanger the patient's life. For the reason
given the judgment is affirmed.

. Kentucky, November 15, 1901 — W. H. Walker,
appellant, v. County of Henderson, appellee Appeal from
Henderson Circuit Court.

Opinion of the Court by Judge Burnaxn.

This is an appeal from the judgment of the Henderson Circuit
Cmirt. The facts out of which the litigation grew are as follows:
In April, 1889, smallpox was prevailing as an epidemic in Hender-

County, ami the Henderson County Board of Health employed
W. H. Walker, a regular practicing physician, to take charge of
the pesthouM and treat persona afflicted with the disease, at the
agreed price of 115.00 per day. Appellant acted under the em-
ployment from the third d; kpri] until the 14th day of May.

On the 12th day of May, 1899, the entire County Board of Health
1 their offices, because the fiscal conn refused to make suf-
ficient appropriation in their judgment for the payment of the bill
of the employes of the board. After the resignation of the county
1 court appointed a committee of its members to
take charge of the smallpox patients until the vacancies in the
board of health should be filled : and this eonnuittee employed phy-

i)s. Dunes, guards and attendants, and dismissed the persons
Who had 1 D employed by the county board. On the 17th day of

May following, the State Hoard of Health reappointed all the for-
mer members of the county board, and directed them to resume
charge of the epidemic and pesthouse in Henderson County.

On rd day of May Hie the reappointed county

board gave the presiding ,p 'he county court written notice

of their purpose to take immediate charge and control of the

COUnty pesthouse and at the same time notified Dr. Smith, the

physician who had been employed by the committee of the fiscal
it. to vacate and turn over the pesthouse and patients therein
to appellant. Walker, who had been reappointed. This Dr. Smith
refused to do, and the fiscal court also refused to permit persons
appointed by the county board to take charge of the pesthoua

230 HEALTH LAWS OF KENTUCKY

Thereupon the county board brought a suit against the fiscal court
in Henderson County, and prayed for a mandatory injunction in the
Henderson Circuit Court, requiring the fiscal court to surrender the
control of the pesthouse and charge of the smallpox patients to
them, it being alleged that public safety required the change. Dur-
ing the pendency of this suit, appellant by direction of -the county
board remained at the pesthouse from the 23rd day of May to the
14th day of June, 1899, when he was withdrawn by the county board
The circuit court refused to grant the relief prayed by the county
board and the case was appealed to this court. And the judgment
of the circuit court was reversed, this court holding, that in an
opinion reported in the. 21 Rep., 1194, that the county board of
health was entitled to the injunction sought and had authority to
take charge of the pesthouse and those suffering from the epidemic.
Thereupon, appellant presented his claim to the fiscal court and
asked that he be allowed compensation for his services under the
contract made with the county board, at the rate of $15.00 per
day for thirty and a half days. The fiscal court scaled his claim
to $10.00 per day and refused to make appropriation for any
greater sum. He also demanded that they should pay him for his
services under the second employment by the county board from
the 23d day of May, 1899, until the 14th day of June, a period of
twenty-one days: at the rate of $15.00. The fiscal court refused to
pay anything to appellant for his services under his last employ-
ment. Thereupon he prayed an appeal to the Henderson Circuit
Court from the order of the fiscal court disallowing the balance of
his claim, which aggregated $467.50. By agreement of the parties,
the case was submitted to be tried by the circuit judge without
the intervention of a jury, and he dismissed appellant's petition,
and from that judgment this appeal is prosecuted.

It is insisted for the appellee that the fiscal courts are charged
by law with the duty of determining what compensation shall be
allowed to employes of the county board, and that the agreement
of the county board to pay appellant $15,000 per day for his serv-
ices under the first employment was ultra vires, that when the
county board resigned their offices and the fiscal court took
charge of the pesthouse and employed a competent physician to
treat and care for the patients afflicted with the disease, that the
county board was not authorized to discharge him and reappoint

HEALTH LAWS OF KENTUCKY 231

appellant ; and that appellant rendered no services under his last
employment.

Upon their reappointment by the State Board, the county
board had auth resume charge of the epidemic, and to em-

ploy physicians for the treatment of patients confined in the pest-
house ; this necessarily involved the power and right to discharge
those who had been employed by the fiscal court during the inter-
regnum; and it was the duty of the fiscal court to make fair and
^onable compensation to the persons so employed, whether they
approved their employment or not. The power to determine what
physicians, nurses, guards, ami attendants that are necessary, is
hit t<. tin- diser. tion of the Board of Health; but the power to fix
the compensation of the persons so employed, like the compensation
of the members of the county board themselves, is vested in the
fiscal comi of the county. Bui neither the county board nor the
re arbitrj n the discharge of their respec-

The county board could not employ persons grossly
the number require inn* can the fiscal court re-

hue to make compensations to persons whom the county board in
ordinary discretion thought necessary under the
icy io en ppellanl was regularly employed by the

county board to render the services sued for, he is entitled to be
• 1 by tin' fiscal COUrl tin- fail* and reasonable value of such

. act that the physician appointed by the fiscal
ed to but charge of the pesthouse to appellant by

;il court, or to prnnit him to take charge, is no

g to pay him, as the county board had

undoubtedly the right to appoint and to continue his employment

as long as hi irere needed in the treatment of the diseased.

[1 i> not denied that he abandoned all his business and stayed during

iod of his appointment at tin- pesthouse and was at all
ly and willing to discharge the duties Cor which he
had been employed.

For reasons indicated, the judgment is reversed and the cause

remanded, with instruct r a judgment for appellant for

■ fail- value of his services during the time of his employment.

2Zi HEALTH LAWS OF KENTUCKY

Court of Appeals of Kentucky, January 20, 1904 — City of Bards-
town v. Nelson County — Appeal from Nelson Circuit Court.

Opinion of the Court by Judge O'Rear.

Bardstown, in Nelson county, is a city of the fifth class, with less
than 2,500 population, and therefore is not required to have a sepa-
rate board of health. (Section 2059, Kentucky Statutes.) The State
Board of Health regularly appointed three persons as the local board
of health of Nelson county. A case of smallpox developed in Bards-
town. The person was poor and probably a tramp. The local board
of health called upon the town council to take steps to isolate and
quarantine the case. A house was provided and guards, medicine,
food and clothing were furnished by the town to the amount of some-
thing over $200. The fiscal court of Nelson county was not notified
of the case, nor of the incurring of the expense. Afterwards Bards-
town presented a bill of expenses incurred as above stated, and asked
the fiscal court to pay it, which was refused. Nor would the court
allow any part of it. The rejection of the claim does not appear to
have been because it was unreasonable or improvident in its charges,
but because the court deemed the city, and not the county, to be
liable therefor. The city brought- this suit to collect its bill.

The county urges that there is no statute making the county
liable for such expenses. Therefore that it is not liable.

The statutes (Sections 2047-2072, Kentucky Statutes) provide a
State Board of Health, with large and important 'duties and powers
conferred upon it. Its members, excepting the secretary, are ap-
pointed by the Governor, and upon the advice and with the consent
of the Senate. They, besides personal duties involved, are required
to appoint local or county boards of health in each county to assist
in the execution of such sanitary and precautionary measures against
epidemics and contagious diseases as the State Board may promulgate,
or the county boards deem necessary. The powers conferred upon
these boards by the statute are extraordinary, and justified, in so far
as they will be sustained, only by the extreme exigencies calling for
their existence. Among the duties of these boards is to require san-
itary cleansing and disinfection of premises and the isolation and
quarantine of persons afflicted with certain highly contagious dis-
eases, such as smallpox. The State Board is composed of doctors of
medicine, supposedly qualified to deal intelligently with that par-

HEALTH LAWS OF KENTUCKY 233

alar situation. It is true there is no express provision of the statute
for paying any of the expenses necessarily incurred by these county
boards, except for the services of the members. It can scarcely be
'1 that ti ilature has done a thing so idle as to provide

system of dealing with infectious diseases which
threaten the health of the public, without intending that the ex-
penses necessarily incurred by the board should be paid for. It was
competent for the Legislature, in the exercise of the police power of
the state, to provide for the detention of persons infected with con-
tagious diseases, and for their treatment at the public expense. If
the Legislature had required the several counties or cities to do it,
as they do with reference to these paupers, it would not be ques-
tioned that the counties and cities would be liable for the expenses.

The State Board of Health are State officers, with fixed terms,
jurisdictions and duties. The State pays them, and provides for their
expenses. The county boards of health are county officials, having
duties to perform toward the public within their counties; their com-
dired to be fixed and paid through the fiscal courts
of the counties. It was competent for the Legislature to create these
il agencies, and to impose upon them the discharge of
certain duties to the State and counties. If the Legislature sees proper
to have the police laws of the State looking to the preservation of
the health of the public executed by a body of officials selected and
chosen with reference alone to their fitness for that delicate and im-
• ead of imposing it on t lie fiscal courts, or town coun-
cils, it is clearly within their power to do so. But when they do so,
county board becomes an auxiliary department of the county gov-
ernmi at. I ess authority with which they are clothed by the

. i-vs with it every implied authority necessary to execute
lould not ate for tin1 benefit of the county,

without incurring a liability to pay it, and as no other means are pro-
vide lows that the liability must be paid by the county, as its
r obligations are, by money derived from county taxes, levied
by 1 i I court, the only tribunal authorised by statute for levy-
ing county taxes. The judgment and action of the county board of
health, concerning matters within their jurisdiction ought to be, and
are, as conclusively binding upon the county as would be the judgment
and action of the fiscal court in making allowances for paupers. A

234 HEALTH LAWS OF KENTUCKY

corrupt abuse of their power would be and ought to be punished as
other official corruption is.

Probably it would have been better if the county board of health
had called on the fiscal court in the first instance for the necessary
aid in executing the quarantine and support of the subject. It was
doubtless an honest error of the board as to which municipality would
ultimately have the bill to pay that led to their calling on the town
council instead of the fiscal court. But that error doesn't change the
liability of the one legally bound for it. It merely subjected the town
to the chance of losing part of the bill, if any of it should be unrea-
sonable in its charges.

The county board of health seems not to have kept a record of its
proceedings at that time. It is urged, with much earnestness and force,
that a body exercising the power and duty of incurring almost unlim-
ited debt against the municipality for whom they are acting, must
make and keep a record of it — not only for the protection of the peo-
ple who must pay it, but as a basis of impeachment, if they act im-
providently or dishonestly. It is pointed out that no county, or city,
or even school district, can become indebted by contract, or act at all
save as it speaks through its records ; and that impliedly this govern-
mental agency, if it would bind the public for whom it acts, must like-
wise act by record. We would be glad if we could hold that such was
the law. But we find that in all instances enumerated where the
municipality is bound only when its records bind, it is because of an
express statute to that effect. It is a singular oversight in legislation
that a similar safeguard, found wise and proper in the instance in
every other body that contracts debts on behalf of the public it serves,
should have been omitted. But it has not been required, and we
cannot hold, that those furnishing the services and goods for the coun-
ty at the proper instance of the county board of health should lose
their claims because those officials have not done what they were not
required to do.

The rulings of the trial court were in accord with the views
herein expressed, except that it left the question to the jury to find
whether the local board of health "had met and organized as
such." On the trial appellant offered to prove the affirmative of
that fact by parol evidence, appellee, objecting, insisting that it
could be shown by the record of the local board only. The objec-
tion was sustained. The action of the countv board of health in

HEALTH LAWS OF KENTUCKY 235

quaranting the subject, and asking the council to defray the ex-
lIso sought to be proved by parol; and rejected by
the court. All of the evidence was in favor of a verdict for appel-
lant, but the verdict was for appellee. A new trial should have
awarded.

Judgment reversed and cause remanded for proceedings not
inconsistent herewith.

Court of Appeals of Kentucky, February 3, 1904 — Twyman's
Mm'r v. Frankfort. — Appeal from Franklin Circuit Court.

don of the Court of Judge Settle.

The appelli Twyman, as administrator of tho estate

I wyman, d, sued the appellee, city of Frankfort,

in the Franklin -JOrjOO.OO damages for the death

of 1 ' to have been caused by the negligence of

police officers in wrongfully exposing the intestate to inclement

Either while he had smallpox by removing him from a comfort-

able home to the pe l tor smallpox patients, which was

poorly • whollj unlit for the purp

which it was u><

It \ tition that the appellee

the third class is >red to enact ordinances to

ion of coi in its corporate

limit ad enforce the same within ten

mil- tblish hospitals, hoards of health, and make

ml i protection of the public health.

That i:i pui numeraicl. the appellee has

teotion of the public health.
and ha affected with con

i of health, for

whi :•. other officers ami agents to

to remove any and all persons afflicted
wit! sthousc, ami Buch officers and agents acted

d in doing the negligent acts
by the b losl his life.

A demurre] "tition by the appellee, ami the

c having been sustained by the lower court, the appellant re-

236 HEALTH LAWS OF KENTUCKY

fused to plead further. The petition was therefore dismissed, and
appellee given judgment for its costs.

The case is now before this court, and the only question pre-
sented upon this appeal is: Does the petition state a good cause
of action?

Ifrthe acts complained of in the petition. were done by the ap-
pellee in the effort to protect the public health, which is a duty
that appertains to the city in its public, and not in its corporate
or private capacity, it would seem that there can be no liability
upon its part, even though such duty was negligently performed
by those to whom its performance was entrusted.

"The power or even duty on the part of a municipal corpora-
tion to make provisions for the public health, and for the care of
the sick and destitute, appertains to it in its public, and not cor-
porate, or, as it is sometimes called, private, capacity, and there-
fore where a city under its charter, and general law of the State
enacted to prevent the spread of contagious diseases, establishes
a hospital, it is not responsible to persons injured by reason of the
misconduct of its agents and employes therein. * * * Dillon on Mu-
nicipal Corporations, Sections 977, 989, 981, 982. City of Richmond
v. Long's AdmY. 17 Grattan, 375; Shelbourne v. Yarbo Co., 21.
Cal., 113.

Perhaps no better statement of the law on this subject can be
made than is found in the following quotation from 15 Am. & Eng.
Ency. of Law, 1141, viz. :

"While the difficulties surrounding all attempts to state a rule
embracing the torts for which a private action will lie against a mu-
nicipal corporation have been often deplored, yet it is believed that
the following formula is both accurate and complete : So far as mu-
nicipal corporations of any class, and however incorporated, exer-
cise powers conferred upon them for purposes essentially public —
purposes pertaining to the administration of general laws, made to
enforce the general policy of the State — they should be deemed agen-
cies of the State, and not subject to be sued for any act or omission
occurring while in the exercise of such power, unless by statute the
action be given. In reference to such matters they should stand
as does the sovereignty whose agency they are, subject to be sued
onlv when the State bv statute declares that they may be. Tn so far.

HEALTH LAWS OF KENTUCKY 237

however, as they exercise powers, not of this character voluntarily

lined — powers intended for the private advantage and benefit of

the locality and its inhabitants — there seems to be no sufficient reason

why they should be relieved from liability to suit, and the measure

actual damages to which an individual or private corporation

be same powers for purposes essentially private would

l)o liable.

We find the same principle announced in Taylor v. City of Owens-
boro, 98 Ky., 271, wherein it is said by this court:

" * * * The municipal corporation in all these and like

causes, represents the State or the public; the police officers are not

the serv be corporation, and hence the principle of respondat

rior does not apply, and the corporation is not liable unless

by virtue of a statute < y creating the liability * # •.

In the same case, it is further said:

"The above principle is sustained by an almost unbroken line
■f this country and by this court in the
cases of Pollock's Adm'r. v. Louisville, 18 Bush, 221; Jolly's Adm'r.
v. Eawesville, 89 Ky., 279; Prather v. Lexington, 13 B. M., 559."

We do not regard the cases of Clayton v. Henderson, 20 L. R,.

86; Padncah v. Allen, 23 L. R., 701, and McGraw v. Marion, 98 Ky.,

673, cited by counsel for appellant, as authorities in point. The two

cases first mentioned involved the illegal action of the boards of coun-

cilmcn of t! • irson and Padncah in improperly locating

tioo of the statute, th< reby creating nuisances f«>

the injury of the property right of contiguous residents, and endan-

the lives of their families, and towns and cities can always

held liable for I B created or maintained by them. And

in ,: mentioned, though the city of Marion was held liable

in damages for the arrest and prosecution of McGraw for peddling

with on' the arresl was made under a void ordinance which

i for municipal revenue, of which the city of Marion was

iry. It is well settled that a city may be held liable

for an act resulting in injury to another, where the city derives some

i] benefit from snch act.

Counsel for appellant relics upon Aaron v. Broiles, etc., 6 1 i <
318; Dallas v. Allen, 40 S. W., 324. The former was an action against
the board of health, mayor and marshal of Fort Worth, and not
ainsl the city, and, upon the state of facts presented, it was held

2'SS HBALTH LAWS OF KBNTUGKY

that the persons sued were liable. We have been unable to find or
examine the case of Dallas v. Allen, supra, but conceding that the
Texas doctrine is as contended by counsel for appellant, it has not
been accepted in this State, and is, we think, against the weight of
authority outside of it.

We are unable to see how the failure of the appellee city to
appoint a board of health can affect the question under consideration,
A board of health would be but an instrumentality or an agency in
the hands of the municipal government to be employed in protecting
and maintaining public health. Any other means to the same
end that would prove as effective as a board of health might be em-
ployed by the city, and still the duties to be performed would be such
as grow out of the exercise of powers purely governmental.

It is insisted for the appellant that the appellee city participated
in the alleged negligent acts of its officers in the manner of remov-
ing the intestate to the pcsthouse, because it directed the removal.

It is not, however, contended that the city council gave any spe-
cial direction to remove the intestate to the pesthouse, though it is
conceded that it adopted proper ordinances under which to care for
the public health. It cannot be denied that it is the clut}- of the city
authorities to enforce these ordinances by removing those who are
afflicted with contagious diseases to the place provided for them. We
fail to see, therefore, how, in performing these duties, the city can
become a participant in the negligent acts of those who simply have
in hand the removal to the pesthouse of persons thus afflicted. At
most, only the officers or agents guilty of such negligence may be
held liable therefor.

Taking all that is alleged in the petition to be true, and it must
be so considered for the purpose of the demurrer, it shows beyond
question that the acts complained of were such as appertained or
were incidental to appellee's duty to the public, and were done for
the protection of the public health. The power exercised was^there-
fore solely for the public good.

Finally, it is insisted for appellant that in any event this action
was authorized b}^ Section 6, Kentucky Statutes, which provides that :

"Whenever a death of a person shall result from an injury
inflicted by negligence or wrongful act, then in every such case
damages may be recovered for such death from the person or per-

HEALTH LAWS OF KENTUCKY 239

8, company or companies, corporation or corporations, their
agents or servants causing the same * * *."

The statute was enacted to conform to Section 241 of our
present Constitution, which confers the same right.

We cannot believe that the statute and provision of the Con-
stitution, supra, were intended to give a right- of action against
a municipal corporation for the death of a person occurring as
a result of the act done, as in this case, in the performance of a
duty which the municipality to the public, and the doing of

which was but the exercise of power purely governmental.

It seems to us that to hold otherwise would practically do

ay with municipal authority in the matter of preserving the

public health, which would result in consequences disastrous to

public welfare, ami ruinous to every city in the State.

For the reasons indicated, the judgment is affirmed.

Whole court sit t

Court of Appeals of Kentucky— Henry Haying v. City of Coving-
ton— Appeal from Kenton Circuit Court.-

Opinion of irt by Judge Xuiiu.

i was ; 1 by the appellant in the Kenton

irt for the recovery of the sum of $5,000 in damages

I to have been

ie acts of the appellee rUy through its offi-

commit i follows: That the city

b its common council purch, &] estate and erected «a

that in tie' month of February, 1902, appellant

ith a conta sease known as smallpox; that

through its ag( □ the date aforesaid,

appellai t1 aoi se an ; i oil and beat appellant, and took

ia will, while he was sick and unable to pro-

I himself, ai. Led him to this pesthouse; that this house

l unfit for ai: or sick, to remain in; that the roof was

broken, the sides of the house open, so that the rain, snow and ice

a; that he was placed in a filthy, unhealthy

! damp room and compelled to remain there for several weeks

as a prisoner, against his will and protest; that the bed, bedding

• where he waa kept were unfit for any one

240 HEALTH LAWS OF KENTUCKY

to occupy ; that because of said cold, sleet and snow and other ele-
ments, the filthy condition of the rooms and bed clothing, he suf-
fered both mental and physical pain and anguish ; that the ravages
of the disease with which he was afflicted were increased by reason
thereof. The petition contained two paragraphs, one for the as-
sault and battery and the other for his sufferings by reason of the
unsanitary condition of the pesthouse.

The appellee filed a motion to require the appellant to elect
which cause of action he would prosecute. This motion was sus-
tained, and the appellant elected to stand on the cause of action
set out in the second paragraph, and he withdrew so much of his
pleadings as set out the assault and battery.

The appellant does not complain of the action of the court in
requiring him to elect. The court then sustained a demurrer to
the petition of appellant, of which appellant complains.

It is agreed that the officials who committed the wrongs com-
plained of are personally liable for the injuries received. The only
question to be determined is, can the city be made liable therefor?

Under the authority of the case of Hengehold v. The City of
Covington, 22 Ky. Law Rep., 463, it was decided that it was lawful,
to remove an infected patient to the pesthouse, even against his
will and consent.

There are two general principles underlying the administra-
tion of government of municipal corporations. The one is that a
municipal corporation, in the preservation of the peace, public
health, maintenance of good order, and the enforcement of the
laws for the safety of the public, possess governmental functions
and represents the State. The other is where the municipal corpor-
ation exercises those powers and privileges conferred for private,
local or merely corporate purposes, peculiarly for the benefit of
the corporation. Under the former the city is not liable for mal-
feasance, misfeasance or non-feasance of its officers. Under the
latter it is. With reference to the matters alleged in the petition
of appellant, the city, by its officials, was acting for the preserva-
tion of the public health and in a governmental capacity, and as an
arm of the State government, and not in its private capacity pecul-
iarly for the benefit of the corporation.

All the authorities support this conclusion, and there is no
deviation from these principles except where the city is made

HEALTH LAWS OF KENTUCKY 241

liable by an express statute. (24 Ky. Law Rep., 1S04; 13 Bush,

17 B. M.. 728; 89 Ky., 279; Dillon on Mun. Corp., 2d Vol.,

: 88 N. W., 695; An . Enc, 2d Ed. Vol. 20, 1193; 57

05, ami 0'2 Minn., 278.)
Th Qg no statute making the city liable, we are con-

•i'irm the action of the lower court in sustaining the
demurrer to appellant's petition.

Wherefore the judgment is affirmed ; whole court sitting.

Court of Appeals of Kentucky — John Wittwer, etc., v. Dr. J. M.

. Mathews and others.

Opinion of the Court by Judge O'Rear.

This case was submitted to me under the agreement of the parties
that my opinion as to the law should, be adopted by the Jefferson
•nit Court as the basis for its judgment in the case, it being
expedient by the parties and their counsel to pursue this
course in view of certain novel conditio elding the situation.

The question appeared to me to be such grave importance

that 1 1 Eight it best to submit it to all judges of the Court of

Appeals. They concur in the conclusion which I have reached, and
which I will state without elaboration.

6 plaintiffs are d owning herds of milk cows in Jeffer-

son county, this State. They sell milk in Louisville. The State
Board of lb tarnation Betting forth the preva-

lence of ttle in this State, and particularly in

Jefferson and certain ot! icent counties. Thereupon the board

adopted cei raping out the disease. Among

as a process i «tion, and a rule providing isolation or

.•ought to ol the State

rd of 11 d Count; lib of Jefferson County,

and cer: rbrking under these bodies, who, it is alleged, pro-

lurt, would apply what is known

ain-

i the boards bad not Hie power to make ruler, and regulations,

ion to those found in the statutes of the State; that such power

attempted to be conferred n a by the Legislature was in vio-

lntion of the itution, and, in that, it ta argued, it delegated to

242 HEALTH LAWS OF KENTUCKY

these boards the function of legislation; that the plaintiffs would be
deprived of their property without due process of law, as there was
no provision for a trial of the fact whether their cattle were infected,
and none for compensating them for such as were destroyed.

The statutes of the State created the State Board of Health, and
its auxiliary local boards, giving to them the power to adopt such
rules and regulations as will effectuate the purpose of the statute,
namely, prevent the spread of contagious and infectious diseases in
this State among men and cattle. (Sees. 48, 49, 50, Ky. Statutes.)
The Legislature has deemed it proper, to protect the public health,
and promote the public welfare, by providing means to eradicate, and
prevent, contagious diseases in this State as far as may be practicable.
The matter of detail in executing the public purpose is committed to
a body of public officials selected with reference to their presumed
fitness for such work. The Legislature acts in the matter under what
is known as the police power of government, which undoubtedly in-
cludes the power to protect the public health. It always acts in such
matters by delegating to an administrative official body the detail
work. The Legislature by statute must declare, and in this instance
has declared, that contagious diseases of the character here in ques-
tion are to be brought under control of the State so far as science may
control them. The official charged by law with the duty of executing
the legislative will, may, and in police regulations, does, use his
judgment, and sound discretion in adopting ways and means to the
end. Regulations that <are not unreasonable and oppressive, and
that are calculated to bring the disease under effective control and
stop its spreading, are not statutes. They are not something in ad-
dition to, but are details within the statutes passed by the State Leg-
islature. They must be germane to the statute, and in their execu-
ion have reference solely to the main object aimed at by the statute.
The Legislature has declared that infectious and contagious diseases,
which imperil the health and lives of the public, are the subjects of
the State's concern, and that persons and property affected shall be
subjected to police control until the disease is stamped out. The man-
ner of treating the disease to ascertain the presence or extent of the
disease in suspected quarters are as essential as the application of the
remedy to them when discovered. Each is a matter of detail for the
officials having the matter in charge. So is isolation, and in case of
infected animals, their destruction in certain instances.

HEALTH LAWS OF KENTUCKY 243

But we think there is limitation upon the health boards :
1. The existence of the disease in the community must be a fact,
and not mere suspicion. 2. The regulation adopted for testing its
presence in the particular animal or herd must be such as is accepted
eience as one reasonably calculated to discover it. 3. If isolation
or destruction i-> i as a remedy, it must have been accepted by

the medical profession that t hat treatment is on^ well calculated to
eradicate the and stop in spreading.

If the boards proceed oil do so at their peril.

The courts will take judicial notice of what the \. iritis sciences
hold as established or accepted truths. Th< ia1 tuberculosis

may effect bovine c;: rough their

milk may be contracted by hum now an accep I by the

>uld they courts will take

ice of th. tuberculin I to \\ liich cattle

aptoms, the presence or ab-
iii'in. While this lest po qoI univer-

eight of professional opinion
; the subject a special study is, that
-•asonably certain one ami pi It was tie -om-

it for the board to adopt it.
The case came down to this :

it hat mil! ille is infected to the ex-

e-third with tubi i, this t'a.-i pre-

indition as afi the public health

among I milk in the

y of ascerta: the alTected

d all who supply the milk. Those found

0 the public health, are a public nuisance iu-

,md should be summarily
;• and immi
ter kill : i than th

In ' .1 io fir8l try out

the e plaintiffs' co as to

■A conflaj
it tic, easarj mainder.

aid that ! under employ of the State and

hould they find the plaintiffs' catl with

tub- them de and will them, with-

244 HEALTH LAWS OF KHNTUCKY

out compensation to the plaintiffs. If they are diseased they ought
to be destroyed. No man has a right to keep an animal which by its
presence endangers life and property. Nor is he entitled to compen-
sation from the public for it. No provision has been made by the
Legislature for compensating such owners except owners of cattle
affected with pleuro-pneumonia. They alone must bear the loss en-
tailed by the misfortune of the ownership of cattle diseased with a
contagious infection.

The boards are not the possessors of arbitrary power, as is ar-
gued. If they kill or cause to be killed, cattle not infected, or pub-
lish reports which injure or destroy the plaintiff's business, when
such reports are not true, or have not a reasonable basis, the mem-
bers would doubtless be held liable in damages to the plaintiffs.

We think the injunction prayed for should not be granted.

Whole court sitting.

Court of Appeals of Kentucky — Allison v. Cash — Filed May 17, 1911.
— Appeal from the Lyon Circuit Court.

Opinion of the Court by Judge Settle.

The appellant, Mrs. C. S. Allison, sought in this action to recover
in the court below, $5,000 damages of the appellees, Sam G. Cash,
sheriff of Lyon county; W. L. Crumbaugh, county judge thereof;
Drs. J. H. Hussey, W. G. Kinsolving, C. H. Linn, and D. J. Travis,
the five last composing the county board of health of that county,
for their alleged wrongful acts in compelling her to abandon her mil-
linery store in Eddyville, causing its contents to be disinfected or
fumigated, and thereby, as alleged, greatly injuring the value of same.
Appellees, composing the Lyon county board of health, by answer
set out the powers of the board with lespect to the prevention of con-
tagious diseases, its adoption of the rules and regulations established
by the State Board of Health for their suppression, the prevalence in
the city of Kuttawa of smallpox, the necessity of enforcing the re-
strictions imposed by the rules referred to for preventing the spread
of that highly contagious disease to Eddyville, only two miles from
Kuttawa, which included the establishment of quarantine in behalf
of Eddyville against Kuttawa and appellant's violation of such rules
and quarantine. The answer admitted the closing and fumigation
of appellant's millinery store by appellees, but averred that it was

HEALTH LAWS OF KENTUCKY 245

necessary and was done by reason of appellant's having brought to
the store her son from Kuttawa. the infected city, in violation of the
rules and quarantine regulations adopted and published by the board
of health; that she placed in her store the cast-oft' ciotiung
worn by her son from Kuttawa, and thereby further violated
th.' regulations established by the board of health; and upon
by an order and written notice from the
heal tli to close the store, and go herself to
her son in Kuttawa, or 1"- quarantined in some isolated place in Ed-
dyviile thirty days, she elected to go to Kuttawa, and did so, but
refused to close the store; that the store was thereupon closed and
properly disinfected by order of the board of health, and at the end
of four days, whieh was the time required to complete the fumiga-
tion ! inn, the key to the store was delivered to appellant's
agent. to whom permission v. o to reopen the store for business
hut that appellant would not permit her agent to reopen the store,
and kept it closed for a month or more. The answer denied the in-
juries to appellant's goods alleged in the petition and also the dam-
« claimed illeged that it' any injury was done them at all,
used solely by the act of appellant in keeping
the store closed, and that the county board ii in the matter
Lant's isolatio urn to Kuttawa and in clos-
acted within their power in
e of a go duty, and without malice. The
tiled a separate . in which he adopted the
rials and averments of the answer of the appellees composing the
and, in ad' et out his election and
n county, and alleged his ae.s complain-
appellant were done in the discharge of his official duties as
OOd faith, with due regard to her rights and by order of

the « l of health, whieh he was Legally bound to obey. The

I leted by the filing of replies which controverted all

affin wen. The trial resulted in a verdict for

(turned in obedience to a peremptory in-

rart. Appellant filed motion and grounds for a

. trial, whieh wa d, hence Briefly stated, the

by the evident e were that in the latter part of March,

early in April, 1909, smallpox suddenly broke out in the town of

Kuttawa. Though not of a virulent >ype, it quickly became epidemic

246 HEALTH LAWS OF KENTUCKY

At least 75 residents of the town became infected with it, and per-
haps 90 per cent of the population, owing to erroneous diagnosis
of the earlier cases and lax enforcement of quarantine measures, had
been exposed to infection. Kuttawa had a population of 1,200 and
Eddyviiie a population of 1,400. Eddyville is the county seat of
Lyon county, and the place of location of one of the penitentiaries
of the state m which 800 convicts are confined. The alarming situa-
tion caused quick and energetic action on the part of the county
board of health, which had thoroughly organized on February 1,
1909, and adopted the rules of the State Board of Health, and these
rules the law makes it the duty of the county board to enforce. On
April 14, 1909, the county board of health had a meeting at Kuttawa.
At that meeting a general vaccination was ordered, and every in-
fected house in the town directed to be placarded. The situation
continuing serious, another meeting was held by the board at Kut-
tawa, April 27th, and an order was then made compelling the removal
and isolation of all infected persons, and directing that all who had
been exposed to the disease should be forced to stay inside their prem-
ises and away from contact with the public until given leave by an
official health certificate. For the purpose of enforcing these orders,
a patrol officer was appointed for the town, and each family supplied
with printed copy of the regulations. There still being no apparent
abatement of the epidemic in Kuttawa, and the danger of the dis-
ease reaching Eddyviiie becoming more imminent, the board of
health held a meeting in the latter town on April 30th, and made and
published an order putting into effect there the rules and regulations
of the Stale Board of Health for the suppression of contagious dis-
eases, and at the 'same time established strict quarantine against
Kuttawa in behalf of Eddyviiie, prohibiting all passing and repass-
ing of persons from one town to the other, and establishing guards
in Eddyviiie at the river front and depot. At this juncture, appel-
lant, who lived in Kuttawa, but owned and was conducting a milli-
nery store in Eddyviiie, had her husband to bring their little son from
Kuttawa to Eddyviiie. She met the child at the depot in a hack, and
took him with her to her store, where she removed the clothing he had
on and laid it array in the -tore, put other clothing on him and kept
him with her that night in a room she was occupying over the store.
It was apparent from the evidence that she concealed the child in the
hack in taking him from [lie depot to her store, for the quarantine

HEALTH LAWS OF KENTUCKY 847

ird at the depot saw her drive away in the hack and did not see
the child, and the driver of the hack testified that she secreted him
by making him get on the floor of the hack at her feet. A day or
two before the arrival of the child, appellant had been refused per-
mission by the health authorities to have the child sent to her at Ed-
dyville. Jt also appeared from tlie evidence that in a house on the
I near the one in which the child lived in Kuttawa.
some of the children of his ancle had smallpox. The bringing of ap-
pellant \s child to Eddyville and the circumstances attending the act
re made known to the board of health on the morning follow
arrival. L1 - at once held a meeting at which the follow-

ing resolution or order was adopted: "The quarantine being violat-
ed by Mrs. C. L. Allison, the foil motion was made
adopted: T!i C. 1>. Allison's place of business
in Bddyvil to re-
turn to Kuttawa ai once, or be isolated f<»r thirl

: her house and good- I d she be permitted to secure

aeone i«> urge of her business they

have n<-' is Kuttawa. or some other infect within the

>f the board was
'nee served on apelh riff Cash, who, after its

■ tnr mi'' ion which was prop

comply a health offi< I lane* with |

nla^ions of tl to her home

in B ii her child and she

1 with i d for (hat purpi

that she was made to walk at
subjected her to discom-
fort ent from the evidence that carried to the

home, and that the
carriage c< I further without vi< Hie qunran-

>ns in force m Kuttawa.
[t ia oinplaii' as kept closed by order

I four v nd her Stock of

tically d • that means and the disinfection

hem. The weight of the evidence conduced to prove that

the process of fumigation r I four days, and that at the end

of that time the key to th- was offered to hrr agent, Mrs.

James, who was inforv the health officers that she might

248 HEALTH LAWS OF KENTUCKY

open the store and resume business for appellant, but that the'
latter after a talk over the telephone with appellant declined to
reopen the store because appellant directed her not to do so, and
informed her that it was her purpose to bring suit for the closing
of the store :

(1) Appellant in giving her testimony admitted that Mrs.
James had been made her agent, but said she later withdrew the
authority given the latter to act for her in receiving the store and
resuming business therein, but Mrs. James testified that she did
engage her to take charge of the store. It is true that an agency
cannot be established by the declarations of the agent alone, but
in this instance the agent is supported and the agency otherwise
established by the testimony of Miss Helen Evans, who said she
*vas in the store when appellant left, and that the latter then said
Mrs. James, who was a milliner of broad experience, would have
charge of her goods after the fumigation and proceed with the
business. Considered as a whole, the evidence on this point shows
that Mrs. James' agency was not revoked until after the tender of
the return of the store.

Appellant's chief complaint, however, is as to the, injury to
her goods and the consequent alleged loss resulting to her. The
evidence introduced in her behalf shows considerable injury to her
goods and some of it fixes the damages as high as $1,000 or more,
while that of appellees' witnesses tends to prove that $250 or $300
would fairly cover the original value of the goods, and more than
cover the loss she sustained. Considering the evidence as a whole
we think $500 would fully cover the original value of the goods and
half that sum the injury to them, but it is not apparent to us that
appellees are responsible for the injury to the goods. It was caused
by her conduct in refusing to permit her agent to open the store
and resume business. It is not apparent from the evidence that
the fumigation of the goods caused any serious injury to them, but
manifest that keeping the store closed after the goods were fumi-
gated wrought the harm, for which the appellant alone was re-
sponsible. If, however, the entire injury could be attributed to the
fumigation of the goods, there would still be no right of recovery,
if, as contended by appellees, the conduct of appellant in violating
the regulations of the board of health made the fumigation neces-
sarv.

HEALTH LAWS OF KENTUCKY 249

tinsel for appellant earnestly insists that the county board
health was without authority to close appellant's store, even
• the pur Jting it, and that its acts in closing and

fumigating her store and establishing the quarantine were unlaw-
ful. [1 in other words, that a board of health in this
whether state or county, is without authority to establish
quarantine except in a county bordering on the Ohio or Mississippi
rive separating Kentucky from the states 01
Wesl Virginia or Tennessee. We cannot concur in this conclusion.
Both the state and county board of health are invested by law
with broad powers for the protection and safety of the public
health.

(2) The whole of chapter 63, Kentucky Statutes (Russell's St.,

is devoted to die subject of boards of health.

their powers and duties, and in all questions affecting the public

iallv in a situation so immediately menai tag to the health

anting the board of
ne laws from which they derive their powers

.id 1 e lib* rally « oustrned that lay not be needlessly restrict-

ed in their i e public health; otherwise the health

offieers would be unable to know their duties and so embarrassed in

their performance as to act, until irreparable injury has

i to the public

(3) This i ! not depend upon whether the Lyon county
:' health : Midi quarantine for the

Eddyville .1. althougb in our opinion such

is Impliedly if n isly conferred by section 2055, Ken-

tuckyStatuI ion 1743.) Hnss-H's St.), which makes it the duty

of the conn: nate and execute and to require the

beads of families iind other persons to execute such san-
itary regulal the local board may consider expedi-
te prevent the outbreak of and spread of cholera,
smallpox, yellow scarlet fever, diphtheria and other
lemic and communicable dise ad to this end may
bring the i] population under prompt and proper treat-
ment during the premonitory or other stages of the disease, and they
owered to go upon and inspect any premises which they may

believe are in an unclean or infectious condition, and they shall be
empowered to fix and dotormine the location of an eruptive hospital

250 HEALTH LAWS OF KENTUCKY

for the county sufficiently remote from human habitation and public-
highways as in its judgment is safe, and said boards are authorized
and shall have power to enforce the rules and regulations adopted
h> the {State Board of Health, and any person who shall fail or re-
fuse, after written notice from the local board or state board, to ob
serve or obey the written request shall be fined not less than $10.00
nor more than $100.00 for each day he so fails or neglects. . . . "
But, while the powers enumerated in section 2055 seem sufficient to
authorize a county board of health to establish and maintain quar-
antine in behalf of one city or county against another city or county
within the state, such power cannot be exercised by a county board
or the state board, as against another state or county thereof, without
express legislative authority specifying the conditions and limitations
upon which such quarantine shall be maintained. In the absence of
such legislative authority, the enforcement of quarantine regulations
by one state against another would violate the comity that should
exist between them and perhaps constitute an interference with in-
terstate commerce. Hence section 2056 (section 1766) of the statutes,
supra, confers upon the state and county boards of health authority
to establish and maintain quarantine in the counties bordering on
the Ohio and Mississippi rivers which separate Kentucky from many
states, and in counties on the state line separating Kentucky from
the statec of West Virginia and Tennessee, specifying in explicit
terms for what causes and in what manner it may be done.

(4) But as previously intimated, aside from the question
whether the Lyon county board of health exceeded its powers in estab-
lishing quarantine against the town of Kuttawa, it clearly had under
the general power conferred by section 2055, supra, authority to com-
pel the closing of appellant's store for disinfection and likewise to
quarantine her, either by requiring her to return to her home in
Kuttawa, or be quarantined at some isolated place in Eddyville for
the time specified in the notice, as the bringing of her son to the lat-
ter place from the infected town of Kuttawa gave her an opportunity
to become infected with smallpox, and the leaving of his cast-off
clothing in her store afforded danger of infection to her customers.
In having her son taken to Eddyville, placing his clothes in the store,
and refusing her consent to the temporary closing of her store for
disinfection, appellant violated the rules and regulations established

HEALTH LAWS OF KENTUCKY 251

i»\ the county board of health and put in force in Eddyviile for pre-
venting smallpox from breaking out in that city. In thus dealing
with appellant and her property appellees uot only acted in pur-
be powei by the section of the statute, supra,

but also in . y to the rules and regulations of the State Board

of B appearing in the bill of evidence, which rules, as before

; county board of health prior to the
ring of appell -re. Amo Is rule 10, so much of which

as follows: "And in all cases where

llpox of

it shall i ioard of health under whose

jurisdiction may be temporarily or permanently residing,

to quarantine for twenty days Buch ; een exposed

or suspected of I t, and to see that the

revaeciuates all who may hav

i shall be the imperative duty of the hoard of

health to enfor • <A' said

ply with tic requirements of this rule, it shall

be the duty of the » ; [ealth to assume

rge, and either in or by bis in- • oing

rule. . .

A board of health i ■ ■ ernmenl

oce and I with sn will enable

it to pi. the state, county or

community, over which jurisdiction. As said in 2] Cyc.

move and quarantine ho have

atagion,

in express

•i the general power t<> | the

I of con-
tagious . . Under \ imilar to those which auth-
orize the establismenl of the disinfection no1 only of property thai
actually ion. hut of all articles liable 1<-
convey infectioi impossible to ascertain their
history or the place from which they originally came.
. . . It is bo defense to an order for disinfection thai
ner has already caused the property to he dis-
icount, where the authorities regard

it previous disinfect ion AS inadequate. *' [n Hengehold v.

252 HEALTH LAWS OF KENTUCKY

City of Covington, 108 Ky. 752, 57 S. W. 495, 22 Ky. Law Rep. 462,
this court held that the legislature, in the exercise of the police power,
may create boards of health, and invest them with the powers neces-
sary and proper to prevent the spread of disease, and may confer
upon cities authority to make regulations for the health of their com-
munities ; that under Kentucky Statutes, section 3058 (Russell's Stat-
ute, section 1042) part of the charter of cities of the second class,
empowering the city council to establish and enforce quarantine laws
and regulations to prevent the introduction and spread of contagious
diseases, the council may by ordinance make reasonable regulations in
addition to those provided by the general law establishing local boards
of health to prevent the spread of epidemic diseases, and therefore
an ordinance providing for the removal of smallpox patients to the
pesthouse upon the order of less than a quorum of the city board of
health, or upon the order of the health officer, is valid, though the
general law confers such power only upon the board. In Twyman's
Admr. v. Board of Council of Frankfort, 117 Ky. 518, 78 S. W. 446,
64 L. R. A. 572, 25 Ky. Law Rep. 1620, the city was sued for dam-
ages for the death of an intestate caused, as alleged, by the negligence
of its police in wrongfully removing him in inclement weather, while
afflicted with smallpox, to the pesthouse provided for such patients.
We held, however, that the city was not liable, as the acts complained
of were done to protect the public health and therefore in the per-
formance of a duty wThich the municipality owed the public, the do-
ing of which was but the exercise of power purely governmental. 15
Am. & Eng. Ency. of Law 1141.

(6) The acts of appellees complained of in the case at bar did
not, according to the proof, constitute in the meaning of the Constitu-
tion or laws of the state the taking of private property for public
use ; nor did they result in such an injury to or destruction of appel-
lant !s property as authorized a recovery. So we need not say what
her remedy would be in either state of case. Fairly viewing the evi-
dence, the acts of appellees in closing appellant's store, disinfecting
her goods and in requiring her to elect whether she would tempor
arily return to her home in Kuttawa or be for a stated time quaran-
tined in an isola+ed place in Eddyville were reasonable and lawful
measures adopted by them as members of the county board of health
for the suppression of an extraordinary outbreak of smallpox, and
were rendered unavoidable by the appellant's conduct in violating tho

HEALTH LAWS OF KENTUCKY 253

regulations established by appellees, acting as members of the Local
board of health, in causing her child to be carried from the infected
town of Kuttawa to Eddyville, and depositing his probably infected
D her store.

Appellees do not, in justification of the acts, rely, as claimed by
appellant's counsel, upon the pr of the statute with respect

tc quarantine in border counties against foreign states, which involve

state regulations, but upon the rules and regulations put into
effect by the State Board of Health, which relates to the internal
welfare of the state and which they had the right to enforce for the
protection of the health of the inhal of the city of Eddyville

and ry. In this I the matter, the authorities

relied on by appellant's counsel have little bearing on the <

It is not shown by the evidence that appellees, in the matl
complained of, acted arbitrarily, maliciously, with gross or wilfull
negligence, or in wanton di-regard of appellant's rights; but, on the
contrary, it is fairly apparent that they acted in good faith and in
the performance of what they believed to be their official dutj

era <»f the county board of health. (7) Nor is there any evi

CO to show that the appellee Cash's connection with the trans-
actions in <; puts his in a light different from that of
the other appellees. As sheriff ed the orders of the
local board of health in dosing appellanl This he was hound
to do; and i rs from I to warrant the con
ion that he did not act in good faith., or that he was less consid-
erate of the rights of appellant than and relation to the trans-
ns involved demandi

(8) It seems to be t a healti who by stat-

is authorised to take action for the prevention of the spread

of disease is not liable for in.'p; rom such reasonable

and od faith adopt o for

thai or matters subject •<> his juris-

tion 21 ('ye. ?< v. Preble, 64 Mte, 120; Whidden v

69 X. II. 142, 11 Atl. 908, 76 Am. St Rep. L54.

mably apparent from the evidence that whatever

appellant sustained disinfection of her

I by her j to obey the regulation}!

of the county board of health for the prevention of an outbreak of

L>54 HEALTH LAWS OP KENTUCKY

smallpox in Eddyville, and in refusing to permit her agent to reopen
her store and resume business after the disinfection of her goods was
effected, the trial court did not err in peremptorily instructing the
jury to find for appellees.

Wherefore, the judgment is affirmed.

Breckinridge County v. McDonald, et al. — Decided September 19,
1913 — Appeal from Breckinridge Circuit Court.
Opinion of the Court by Judge Miller.
Early in March, 1912, smallpox became epidemic in certain por-
tions of Breckinridge county. It was confined principally to Clover-
port, Irvington, Tar Fork and Balltown. On March 7, 1912, the
Breckinridge County Board of Health met for the purpose of con-
sidering the smallpox situation, and to take steps to control it. The
State Board of Health sent its representative, Dr. W. L. Heizer, to
examine and report upon the situation, and he suggested a definite
program of procedure to control the epidemic and prevent the further
spread of the disease. Dr. John E. Kincheloe was the County Health
Officer, and upon his recommendation Dr. E. C. McDonald, the ap-
pellee in this action, a practicing physician at Cloverport, was em-
ployed by the County Board of Health to carry out the recommenda-
rions included id the report of Dr. Heizer to the State Board of
Health. Dr. Kincheloe was a practicing physician at Hardinsburg,
the county seat, while Cloverport was eleven miles distant, and Irv-
ington and Tar Fork were likewise located at points distant from
Hardinsburg. Dr. McDonald took charge of the work and carried it
out successfully. He presented his bill to the Fiscal Court for fifty-
four days' service at $10 per (Jay, aggregating $540, which the court
allowed. Upon appeal by the county to the circuit court, a retrial
was had and Dr. McDonald again recovered a judgment for $540.
From that judgment the county prosecutes this appeal.

The circuit court made the following findings of law and fact:
•' ' The court finds as a matter of law that it was not the duty of
the Health Officer of Breckinridge county to administer treatment
to the indigent patients suffering from contagious diseases, but, that
it was his duty under the statute to take general superintendence of
all contagious diseases and institute quarantines and fumigate prem-
ises. The court does not think, however, that any person suffering

HEALTH LAWS OF KENTUCKY

with a contagious disease becomes, as a matter of law, the patient
of the Health Officer, but that the County Board of Health had power

under the law to employ, and did employ, another physician to ad-
minister treatment to indigent patients.

"The court finds as a matter of fact that the account sued on

by the county, allowed by the Fiscal Court to Dr. McDonald, was for

his services when acting in the character ol physician to indigent

pati< ith smallpox, and that the amount of his charges

easonable.

The proof supports the finding of factj indeed, the appellant
docs not deny that the were rendered, or thai the charges

therefor were reasonable.

Preliminary to a consideration of the case upon its merits, we
will dispose of a question of practice which has been urged upon us
in the brief for appellant.

1. The order of the V\~ irl which allowed Dr. McDonald's

claim Wl ■uket" order allowing the claims of

tham, to sop;) to Dr.
McDonald. The

■ ilpox claims were presented to the court, and
Was moved and Seconded that all claims

that I and '0. ltd.' by ti th Officer in

said motion carried and was

■ ile- ord< art, which claims were as follows, to-wit :

"l. Claim ol J, D. Iiabbage for public printing; al-
lowed $21.00"
ben followed fori for different amounts.)

se claims allowed by the Fiscal Courl amounted to
re than - ; hut. in prosecuting ppeaj the county at-

filed on, , al Court, and caused a

• of the claimants whose claims

>, Upon motion, the cir< nit judge <li he appeal

i and Less, upon the ground that the circuit court

had no jurisdiction thereof; and, upon the motion of the remaining

claimants, th.- circuit judge required the county to elect which of
! claims embraced in irder it would try u] appeal,

whereupon the county elected to prosecute its appeal from the allow
anci Donald's claim. Thereupon the circuit judge dismissed

without prejudi ippeals from the judgment allowing all the

256 HEALTH LAWS OF KENTUCKY

other claims; and to that order the county excepted and prayed an
appeal to this court. That order was made on the 16th day of the
term — the date of the order not being shown by the record. The ap-
peal, however, is not prosecuted from the order just mentioned, but
from the subsequent judgment entered on the 22nd day of October,
1912, which passed upon the merits of Dr. McDonald's claim. The
two orders are entirely separate and distinct, and have no relation to
each other: the first order above referred to being found on page 6
of the record, while the final judgment appealed from as shown by
the statement required by section 739 of the Code of Practice is found
on page 10 of the record. No appeal having been prosecuted from
the order of the circuit judge dismissing the appeals and requiring
the county to elect as to which appeal it would prosecute, that order
is not before us and cannot be considered.

Moreover, as those claimants are not named as appellees in the
statement of appeal required by section 739, they are not before the
court upon this appeal. Brodie v. Parsons, 23 Ky. L. E., 823, 64 S.
W., 426, and the cases there cited.

2. Section 2055 of the Kentucky Statutes provides, in part, as
follows :

' ' The local board shall appoint a competent practicing physician
who shall be the health officer of the county and secretary of the
board, whose duties shall be to see that the rules and regulations
provided for in this act, and the rules and regulations of the State
Board of Health are enforced, and who shall hold his office at the
pleasure of said board, and he shall receive a salary, the amount of
which to be fixed by the fiscal court at the time, or immediately after
his election. In no state of case shall said health officer claim or re-
ceive from the county any compensation for his services other than
the salary fixed by the fiscal court."

By a proper resolution the County Board of Health had fixed
the annual salary of Dr. Kincheloe, as County Health Officer and
►Secretary of the Board, at $75.

The county defends upon the theory that McDonald was em-
ployed by the County Board of Health to take general charge of the
smallpox epidemic and that the services rendered by him constituted
the same service that was incumbent upon Dr. Kincheloe, as the regu-
larly elected Health Officer; that it was Dr. Kincheloe 's duty to take
personal charge of the smallpox epidemic at Cloverport, Irvington,

HEALTH LAWS OP KENTUCKY 257

Tar Fork ami Balltown, and that neither the County Board of Health
nor the Fiscal Court had the right to employ or pay a substitute to
do the work of the County Health Officer. It will be noticed that
the circuit judge in his findings of fact, concludes that it was not
the duty of the County Health Officer to administer treatment to
patients suffering with contagious diseases, but that it was his duty.
only, under the statute, to take general superintendence of all con-
. ami to institute quarantine, and fumigate premises;
and that the County Board of Health had power, under the law, to
employ another physician to personally administer the treatment to
patients. The proof further shows that by reason of the character
od the Location of the patients at Long distances from
dinsburg, and from each other, it was impossible for the County
lth Officer to give them the requisite personal attention without
odoning Ins home and practice. Some of these patients were lo-
far as seventeen miles or more from Hardinsburg. Dr. Kin-
eheloe not only consulted daily with Dr. McDonald by telephone, bat
he made three visits to I >rt by way of supervision, spending

the entire d on each visit. Dr, McDonald was employed by

the Board of Health at its meeting on March 2, 1912, bnt the min-
ute of that meeting is missing. Shortly thereafter, the guards em-
ployed by the Health Officer for the purpose of maintaining the
irantine, having threatened to quit work because they feared they
would not get their pay. the Fiscal Court entered the following order
OH April 2, 1912:

"On motion of Justice Gh X. 0 .eonded by B. A. Whit-

tenbill, thai guards be employed by the Bealth Officer at a Bum

not to exceed $2 per day, and anything else to stop the spread of

rried, and is mad.' the order of this court."

Following thai order the County Board of Eeath entered an

• on April 12, 1912, which reads, IB part, as follows:

A eting of the Breckinridge Comity Board of

Bealth called to consider the epidemic of smallpox a1 I Jloverport, and

vicinity, and in other parts of the county, it is hereby ordered that

recommendations as included in the report of Dr. W. L. Heizer

to th s State Board of Health I oforced, and thai E. C. McDonald,

at C i as Deputy Bealth Officer to carry out

the said recommendations at Cloverport and vicinity as follows:

pecific instruction- as to his duth
H h.~ 9

258 HEALTH LAWS OF KENTUCKY

Under these assurances the guards remained at their posts
until the epidemic was finally stamped out.

It is contended by appellant that the order of the Board of
Health above quoted, shows that McDonald acted as deputy in the
place of Kincheloe, the regular Health Officer, whose duty it was
to attend to these matters in person. The wording of the order,
however, is not material under the facts, and in no way changes
the real relation of Dr. McDonald to the County Health Officer;
and, although McDonald was styled a Deputy Health Officer at
Cloverport, he was no more than an employe at Coverport, because
the regular Health Officer could not, by reason of the circumstances
above pointed out, give his personal attention to the epidemic at
that point.

The whole question, therefore, resolves itself into this propo-
sition: Can the County Board of Health employ agents or assist-
ants for the Health Officer for the purpose of eradicating an
epidemic at a distant point in the county, where the circumstances
of location and the nature of the disease are such that the county
Health Officer could not be expected to give his personal attention
thereto in the ordinary course of business? We 'think there can be
no doubt of the right of the board to so contract.

Appellant relies upon Hickman v. McMorris, 149 Ky., 1, as
denying that right. A careful reading of the opinion in that case
shows, however, that it is not at all controlling in this case. Inj
the McMorris case, the County Board of Health had regularly ap-
pointed Dr. Scarborough as Health Officer, and he having declined,
to discharge the duties of his office, the County Board of Health
employed Dr. McMorris to perform the same duties, supervisory or
otherwise, that the law imposed upon Dr. Scarborough, and thus
placed the county in the attitude of paying two men for precisely
the same services. Under that state of case this court properly
held that there could be but one County Health Officer : it did not
hold that the board could not employ the necessary assistants to
enable the board and its Health Officer to protect the public health
in times of epidemic. The contention of appellant, if sustained,
would forbid the Board of Health from employing but one physician
in any case, and regardless of the necessities of the case or the
amount of work to be done. In this instance Dr. McDonald, at
one time, had as many as thirty-six cases in his locality which re-

HEALTH LAWS OF KENTUCKY 259

quired his daily personal attention. It was impossible for Dr.
Kincheloe to do this work, and supervise the general health affairs
of the county at the same time; and we do not believe the statute
contemplated that he should have done so.

The clause of section 2055 of the Kentucky Statutes above
quoted prescribes that the duties of the County Health Officer
"shall be to see that the rules and regulations provided for in this
act, and the rules and regulations of the State Board of Health
be enforced." The record shows that Dr. Heizer, acting for the
State Board of Health, was on the ground and had made certain
recommendations, and that McDonald was employed to carry out
those recommendations. In requiring the County Health Officer
"to see that the prescribed rules and regulations are enforced "
does not necessarily contemplate that he shall personally do the
work. On the contrary, it contemplates rather a medical super-
vise ice over the employe* assistants of the board.

It was n held in Trabue v. Todd county, 125 Ky., B13, where
this court said :

"The Health Officer is the executive officer of the local board.
Be acts for it to execute its lawful demands in such matter. His
thai of oversight and direction, more than personal execu-
tion.

In speaking of the nature and functions of the County Board
of Health, in City of Bardstown v. Kelson county, 25 Ky. L. R.,

'. 7- S. \\\. 169, the court said:

"The county boards of health are county officials having
ties to perform toward the public within their counties; their
compensation is required to be fixed and paid through the fiscal
courts of tin' counties. It was competent for the legislature to
create these governmental agencies, and to impose upon them the
discharge of certain duties to the state and counties. If the leg-
islatnre ices proper to have the police laws of the state looking
to the p ition of the health of the public, executed by a body)

officials selected and chosen with reference alone to their fitness

for that delicate and important task, instead of imposing it on the

. or town councils, it is clearly within their power to do

But when they do so, the county board becomes an auxiliary
department of the county government. The express authority with
which they are clothed by statute carries with it every implied

260 HEALTH LAWS OF KENTUCKY

authority necessary to execute it. As they could not execute the
statute for the benefit of the county, without incurring a liability
to pay it, and as no other means are provided, it follows that the
liability must be paid by the county as its other obligations are, by
money derived from county taxes, levied by the fiscal court, the
only tribunal authorized by statute for levying taxes."

Walker v. County of Henderson, 23 Ky. L. Rep., 1267, 65 S. W.,
15, is directly in point. In that case Walker had been employed
by the County Board of Health to take charge of the County Pest-
house during an epidemic of smallpox, and his admission as super-
intendent of the Pesthouse was denied him by the committee of
the Fiscal Court. Walker sued for compensation for his services
pending the litigation between the Fiscal Court and the County
Board of Health for the possession of the pesthouse, which finally
resulted in victory for the County Board of Health. In sustaining
Walker's claim, the court said:

"The County Board had authority to resume charge of the
epidemic and to employ physicians for the treatment of patients
confined in the pesthouse. This necessarily involved the power
and right to discharge those who had been employed by the Fiscal
Court during the interregnum; and it was the duty of the Fiscal
Court to make fair and reasonable compensation to the persons
so employed whether they approved their employment or not. The
power to determine what physicians, nurses, guards and attend-
ants are necessary is left to the discretion of the Board of Health,
but the power to fix the compensation of the person so employed,
like the compensation of the County Boards themselves, is vested
in the Fiscal Court of the county."

From these abundant authorities, it is clear that the ordinary
duties of the County Health Officer, for which he is paid a yearly
salary, are largely executive and supervisory, in seeing that the
rules and regulations provided by law, and the rules and regulations
of the State Board of Health, are enforced. As was well said by
the chancellor, it is his duty under the statute, to take general
superintendence of all contagious diseases, and to institute quaran-
tine, fumigate premises; and to carry out these general purposes
the County Board of Health has power, under the law, to employ
such other physicians, and nurses, guards, and attendants as may
be necessary to administer treatment and stamp out the disease.

HEALTH LAWS OF KENTUCKY 261

If there should be any doubt about the application of the fore-
going rule as a general proposition, certainly there can be no doubt
of its application in this case, since the treatment was not only
widely extended, but had to be administered at points distant
from the county seat where the County Health Officer resided.
His compensation was merely nominal, and clearly did not contem-
plate that he Bhonld render the extraordinary Bervices required in
this e

Judgment affirmed.

Calloway Circuit Court. April Term, 1919 — Commonwealth v.
George TideweU — Appeal from Calloway County Court

Opinion of the Court by Judge Bush.

The situation here has attracted attention for some time. It
has assumed phases of an unpleasant nature, and. in the judgment
of the court, uselessly so.

I approach the consideration of this case of the Commonwealth
v. S. George Tidwell with no feeling of prejudice either way. I have
no personal interest in it. whatever, more than any other citizen.
All the concern I have is to do my duty as I see it, both to the Com-
monwealth and to the defendant

I always sympathize more or less with any person, whatever
may be his station in life, charged with the violation of law, and
have a great horror of doing anyone injustice. It is said that there
was once a discussion among the wise men of Greece as to what
I the best method of government, and Solon, who was con-
red the wisest of all, was called on for his opinion, and he re-
plied: "That method ifl the best, where an injury to the humblest
citizen, was an insult to the whole constitution." No man ever
uttered a nobler sentiment, or announced a more precious prin-
ciple, OUtside Of inspiration itself. ♦

This is an important case, although involving merely a mis-
demeanor, with a comparatively small penalty attached. The parties
had a right to a jury to try the facts, but they agreed to submit it
to me for trial and judgment, without the intervention of a jury. I
was perfectly willing to take the responsibility, and determine the
matter according to my convictions of tight, under the law and the
• imony.

262 HEALTH LAWS OF KENTUCKY

I have to say in the outset that if any person's religious liber-
ties are abridged in any way by the order of the Board of Health, it
would not be countenanced by this or any other court of justice.
If any person's religious convictions, and faith or doctrine, is
trampled upon or in any way assailed, or interfered with by the
action of this Board of Health, then the court should set the seal of
its condemnation upon it, and I will not hesitate to do so, if I
reach that conclusion. I yield to no man in my respect and rever-
ence for the religion of Jesus Christ and I yield to no person in
my regard for the rights of those who, in accordance with the
dictates of their own conscience, and in their own way, assemble
to worship God. To secure these inalienable i-ights and privileges,
the Constitution, the sacred ark of our political covenant, was
framed. The chief end which its illustrious framers had in view,
was to secure the blessings of civil and religious liberty to them-
selves and posterity. As we value the work of our forefathers, and
honor their memory, we should be averse to every semblance of
religious persecution. This much I have thought proper to say be-
cause of the clamor raised on account of the action of the Board
of Health, by making an order prohibiting people from assembling
in church buildings, and especially at the Baptist church in Murray,
during the prevalence of the recent epidemic of influenza. The
order applied to all the churches, and while it was in force the
proof shows that defendant, Tidwell, attended prayer meeting at
the Baptist church in January, 1919, and this case is based upon
a warrant, that was issued against the defendant for violating that
order.

For the defense, the question is raised that the order of the
Board of Health, though authorized by the statute laws of the
State, in the discretion of the Board of Health, was in violation of
the Constitution, and of the principles of religious liberty which I
have announced; Now I propose to briefly consider this proposition.

While the organic law of this land prohibits the enactment of
laws respecting any religion and guarantees religious freedom to
all citizens, and the right to peaceably assemble to worship God,
and for other lawful purposes, and while it is furthermore true
that by the fundamental law of this country, and all laws made in
pursuance thereof, every citizen is protected in his religious opin-
ions and faith, regardless of how far wrong he may be, and this pro-

HEALTH LAWS OF KENTUCKY 263

tection extends to all kinds of religious cults and heresies, however
much they may be antagonistic to the religion of the Nazarene. Yet
after all, the church, even the Lord's church, though not of this
world, and separated from the state, must be subject to the powers
that be. This principle was announced by the Savior, who, when
asked if it was lawful to pay tribute to Caesar, decalred, "Render
unto Caesar the things that are Caesar's, and unto God the things
that are His." The Apostle Paul, writing to the Christians in the
wieked city of Rome, said, "Let every soul be subject unto the
higher powers; the powTers that be are ordained of God." And he
further warned them not to resist the powers that be.

Paul himself appealed to Caesar more than once, and thereby

saved his life by being protected by Caesar's soldiers from religious

fanaticism and intolerance. On several occasions it was the great

apostle's boast that he had violated no law. I speak of these matters

show that under our Constitution and laws there is no conflict

between divine and civil or human law, and although possessed of

tunable blessings of civil and religious liberty, they must be

raised within the limitations of wholesome law, and in a manner

nor Inconsistent with the genera] welfare or of human rights.

It' the Legislature of Kentucky, through the Board of Health
or otherwise, had have said that this great Baptist congregation at
Murray or its able and consecrated minister, Dr. Taylor, or to the
Methodist, Presbyterian, Christian and other churches, and able
and faithful ministers, that they should subscribe to any particular
article of faith, or any creed it would have been an outrage, and
nobody would have been bound by it, or have submitted to it, and
no court would have countenanced it for a moment. It would have
been a nullity. Hut for the very reason that the churches and in-
dividual members arc protected by the civil law, in their worship
against religious intolerance and persecution, is why they should
submit to civil law.

Stephen, the first martyr to the Christian faith, was stoned
hceause he rded no protection. All of the apostles, with the

ception of John, were put to death because the civil
authorities afforded them no protection. The Spanish inquisition
with its rack and thumbscrew instruments of torture and death,
for the faithful Christians were the inventions of religious fanatics
and perseeutors, and the civil law afforded no protection. The
me can be said of the massacre of St. Bartholomew, and in numer-

264 HEALTH LAWS OP KENTUCKY

ous other instances. No such conditions can exist in this land, be-
cause the law throws its aegis of protection around the humblest
in the worship of his God.

Now would not the church, and the individual members who
comprise the church, be in a singular position to ask protection for
themselves and then refuse to submit to civil authorities?

Sometimes buildings become unfit for occupancy, become unsafe
and dangerous; this is sometimes the case with a church building.
Sometimes the town trustees or councilmen condemn them, and
forbid meetings in them to save life. Now suppose a number of
persons would wilfully violate such an ordinance, and congregate
in a condemned building and perhaps the injury or death of some
woman or child would be the result, who would say such an ordi-
nance was wrong, or that those offending should not be subject to
a penalty for disobeying it.

Much has been said in the argument in this case about estab-
lishing quarantines, to protect the public against the spread of
contagious and infectious diseases. It is conceded that under the
law this may be done by the Board of Health. Now if this may be
done there can be no doubt of the power of the Board of Health,
in the exercise of a reasonable discretion, to prohibit the assembling
of people in churches and school houses and other public places.
I might in this connection refer to the law of leprosy contained in
the Mosaic code. The most devout Hebrew, as dear as the taber-
nacle or temple was to his heart, was, when afflicted with leprosy,
segregated and barred from God's house because of that disease,
and its malignancy. Upon the same principle the churches were
closed during the recent epidemic.

It might possibly in some instances be unnecessary, but who
knows about that ? Under such conditions it is the consensus of opin-
ion among physicians, and those whose special duty it is to be con-
cerned about the public health, that such precautionary measures
should be adopted.

Now there has recently existed in this country an epidemic
of influenza, perhaps the most widespread and far-reaching disease
in the history of the world. No country, no race of people, no con-
dition of society has been immune from it. It has extended "from
the rivers to the ends of the earth." Like all epidemic diseases from
the beginning of time, some have escaped; many have suffered from

HEALTH LAWS OF KENTUCKY 265

its ravages ; indeed some of the physicians have testified that it has
proven to be a much more fatal disease than smallpox.

The evidence largely preponderates that influenza is con-
tagious; doctors speculate a little and some say it is much more
infectious than contagious, but they generally agree that it is both,
and, anyway, that it is a communicable disease. The evidence is
conclusive that to have permitted men, women and children to as-
semble without restrictions, in the churches and school houses would
have been almost inconceivably disastrous to the public health,
and placed the epidemic beyond control. The Board of Health,
actuated by the purest and loftiest motives, put on the ban. It was
dune, 1 think, wisely and humanely and in the exercise of a power
clearly authorized by law.

It is absurd to suppose 'hat the Board of Health took any
pleasure in closing churches. Its members, as well as a large ma-
jority of the physicians, are Christian men and church members.
What they did pnblic necessity. It was done all over this

ite and In many other states. It was well nigh universal in case
of ehurehes and schools. Most of the courts adjourned, that is,
practically; some few on account of congestion of business held
sessions, the attendance l>ein<r confined chiefly to those who had to
be present, the attendance of others not being allowed.

There was no discrimination against any church; they were all
ated alike, it is solemnly urged as . q for adjudging the

ion of the Board of Health illegal, and dismissing this case, that
peo] permitted on the streets, in stores, restaurants, and in

the COUli house. I see no merit in this contention. There is much
din* in traveling In the open air and being crowded for

hours in public buildings; besides people had to visit stores and
restaurants. It may be said they need the bread of life as well as
something for their physical appetites. Undoubtedly, but a tempo-
rary closing of the churches, to prevent the spread of sickm
disease and death, did not stop the worship pf God.

All who sincerely desired to do that, could brush the dust
from their Bibles and read them, and pray and worship in their
homes as the early Christian did. That would be a most effectual
way of service anyhow. I say God bless the churches and the work
of the churches, but I wish they were supplemented by more family
rship as in the olden times. T think it would be well to ''keep
the home fires burning."

266 HEALTH LAWS OF KENTUCKY

However, suppose in dealing with this epidemic the law was
not enforced against some, does that prove that defendant should
not be subject to the laws? If it does then nobody should be re-
strained; we would have no law or order. There was never a law
from Mt. Sinai to Murray that was not violated. Therefore, we should
have none and be remanded to a condition of hopeless barbarism?
There have been many trials Bnd convictions for various offenses in
this court. Should they have all been ignored because many persons
just as guilty have not been brought to justice ? I do not think any-
one can make such a contention seriously.

Complaint is made that the defendant did not have sufficient
notice that the flu ban was on. To serve every individual with
special notice would have been impossible, and was never contem-
plated. There must have been notice. Notice to the people of the
passage of a law is by promulgation — publication. This is essential
to its validity. When that is done, the notice is sufficient. Notice
of this ban was published in newspapers of Calloway county. It was
posted at the post office, and the defendant in answer to a ques-
iton by the court admitted that he knew that the churches had
been ordered closed. More than that, he admitted that on his way
to prayer meeting that night he heard that the county attorney said
he intended to have those who attended the prayer meeting ar-
rested. I don't think the defendant can be heard to complain that
he did not have notice.

He was and is a member of that church. Dr. Taylor, the
honored pastor, had been fined that week for violating the flu order
the previous Sunday, and had declared publicly that he intended
to hold prayer meeting that night. Defendant attended and, in
my judgment, knew the meeting was prohibited by those authorized
to do so, and therefore, I cannot escape the conclusion that he is
guilty and should be fined, which the court will fix by its judgment,
to be entered herein.

MEDICAL LAWS AND COURT DECISIONS.

Chapter 85, Kentucky Statutes.
^ Sec. 2611. Medical Register to be Kept by County Clerk — Duties
and Reports — Fees. — It shall be the duty of the county clerk of each
county to purchase a book of suitable size, to be known as the "Med-
ical Register" of the county, and to set apart one full page for the

HEALTH LAWS OF KENTUCKY 267

registration of each physician, and when any physician shall die or
remove from the county, he shall make a note of the same at the
bottom of the page, and said clerk shall, on the first day of January
m each year, transmit to the office of the State Board of Health a
duly certified list of the physicians of said county registered under
This law, together with such other information as is hereinafter re-
quired, and perform such other duties as are required by this law
and such clerk shall receive the ram of fifty cents from each physi-
cian so registered, which shall be his full compensation for all the
duties required under this law.

Sec. 2612. Physicians Must Register Before Beginning Practice.
— it shall be unlawful for any person to practice medicine, in any of
its branches, within the limits of this state, who has not exhibited
and registered in the county clerk's office of the county in which he
resides his authority for bo practicing medicine as herein prescribed,

her with his age, address, place of birth and the school or system

of medicine to which lie proposes to belong; and the person so regis-

iribe and verity by oath, before such clerk, an affidavit

aining BUCh facts, whieh, if wilfully false, shall subject the

.' to conviction and punishment for perjury.

Sec. 2613—1. Certificate From the State Board of Health Au-
thority to Practice — To Whom is Issued — Fee. — Authority to prac-

medicine under this act shall be a certificate from the State
Board of Health, registered in the county in which the holder resides,
and said board shall issue a certificate to any reputable physician who
desires to practice medicine in this state, who has passed a satisfac-
tory examination before it. in the branches of medicine as taught in
reputable medical colleges, and said hoard shall, upon application, ad-
mit to examination any person Of good moral character, who may

I he following qualifications :

1st. A diploma from a reputable medical college, legally char-
be laws of this state.

2d. A diploma from a reputable and legally chartered medical
college of some other Btate in this union.

3rd. Satisfactory evidence from the person claiming the same
that rson was reputably and honorably engaged in the practice

of medicine in this state prior to February 23, 1884.

Applicants may present their credentials by mail or proxy and
shall receive due notice of the place and date of examination. C

268 HEALTH LAWS OF KENTUCKY

rificates shall be signed by -die president and secretary, and attested
by the seal of the board, and the fee for each examination, including
the certificate, sliall not exceed the sum of ten dollars. The members
of the board shall be entitled to receive ten dollars per day and -their
necessary traveling expenses for each day devoted to such examina-
tions, to be paid from the fees provided herein, and the board shall
have authority to provide for such assistants as it may deem necessary
and pay for the same from the fund arising from such fees.

2. Examinations Must Be Secret and Impartial. — Examinations
shall be held at least semi-annually at Frankfort, Louisville, Lexing-
ton, or other centrally located places, and on such dates as the board
may deem will best suit the convenience of applicants.

The questions for all examinations in the branches common tc
all schools or systems of practice shall be prepared by a committee of
the board, to consist of five members, one of which shall be a homeo-
path, one an eclectic, and one an osteopath, and said committee shall
conduct all examinations and grade the same, and when any applicant
has made the average prescribed by law, and is so graded, the board
of health shall admit such applicant to the practice of his or her
profession in this state. All examinations shall be conducted in writ-
ing, and in such manner that the results shall be entirely fair and
impartial, the applicants being known by numbers so that no member
of the board shall be able to identify the papers of any applicant
until they have been graded and the case passed upon, and all ques-
tions and answers, with the grade attached, shall be preserved for
one year.

All applicants examined at any one rime shall have the same
questions asked them in anatomy, physiology, obstetrics and the other
branches common to all systems of practice, and shall be required to
make an average grade of 70, with a minimum of 60 in any one
branch, but all examinations, involving methods or principles of treat-
ment shall be made and graded by that member of the board who rep-
resents, or most nearly represents, the school or system of practice
to which the applicant belongs, or the board may, in its discretion,
omit the examination in such branches. No member of the board
shall be a stockholder or member of the faculty or board of trustees
of any medical college.

HEALTH LAWS OF KENTUCKY 269

2614. Itinerant Doctor Not Entitled to Register. — Nothing
in this law shall be construed as to authorize any itinerant doctor to
register or to practice medicine in any county in this state.

Sec. 2615. Certificate— -When May Be Refused— May be Re-
:ed for Cause Hearings. — The State Board of Health may refuse
-sue the certificate provided for in this act for any of the follow-
ing c

1. The present the board of any license, certificate or

diploma which was illegally or fraudulently obtained, 'or the prac-
tice of fraud or deception in passing the examination.

The commission of a criminal abortion, or conviction of a
felony involving moral turpitude.

Chronic <>!• nl inebriety or addiction to a drug habit.

to an extent which disqualifies the applicanl to practice with safety
pie.
\. Or othc ly unprofessional or dishonorable conduct of

ive or defraud the public.
The may suspend or revoke a certificate for any of the

for which it may refuse to grant a license under the provisions

In ;iii i for suspension or revocation under ibis act

the hole! i ertificate shall be furnished with a copy of the com-

plaint, and shall he given a' least thirty days thereafter to prepare
earing, and he shall be heard in person or by counsel, or both,
such hearing and in all matters arising in the
course of their duties, the president and secretary shall have author-
ity • and in such hearing the board may take

1 or written proof for and againsl the complaint, as it may deem
will besl present the facts. In all cases of refusal, suspension or re-
vocation, the applicant or holder may appeal to the Governor, who
overrule don of the hoard. Upon the suspeu*

rtifieate, it shall he the duty of the board

rial notice of SUCh action, under seal, to the county clerk
of tl by in which the holder is registered, and such name shall

be D for the period indicated or striken from the

• in accordance with such notice, and if such holder shall con-
tinue to pra shall thereupon he subject to the penalties pro-
vided in the law to which this is an amendment.

270 HEALTH LAWS OF KENTUCKY

Osteopathy Recognized. — Any person engaged in the practice
of osteopathy in this state prior to February 1, 1904, who holds a
diploma from a reputable osteopathic college, having a course of not
less than four terms of five months each, legally chartered under the
laws of any state in this union, as determined by the osteopathic
member of the board, and who makes application to the State Board
of Health within ninety days after the passage of this act, accom-
panied by the fee hereinbefore provided, shall receive a certificate
from the board without an examination, which, when registered in
the office of the county clerk of the county of his residence, as re-
quired of other certificates issued by the board, shall authorize the
holder thereof to practice osteopathy in this Commonwealth, but it
shall not permit him to administer drugs, nor to perform surgical
operations with the knife. The wTords, " practice of medicine," in this
act, shall be held to include the > practice of osteopathy but no person
shall be permitted to practice osteopathy in this Commonwealth with
cut an osteopathic diploma and certificate as provided in this section.

Provision For Healers of Any Other System or Method. — Any
other person applying for authority to treat the sick o:: injured, or
in any way discharge the duties usually performed by physicians,
whether by medical, surgical or mechanical means, shall apply to the
State Board of Health, who shall examine them as to their compe-
tency in such manner as they may deem fair and best, but such exami-
nation shall always include anatomy, physiology and pathology, and
the term "practice of medicine," as used in this act, shall be con-
strued to be the treatment of any human ailment or infirmity by any
method, <but this shall not include trained or other nurses, or persons
selling proprietary or patent medicines, when not traveling as a
troup or t roups composed of two or more persons. But this shall not
apply to the practice of Christian Science.

6. Itinerant Nostrum Venders. — That any itinerant medical
company of two or more persons traveling as a troupe or company as
vendors of any drug, nostrum -or instrument of any kind, intended
for the treatment of any disease or injury, or who shall, by any writ-
ing or printing, profess to the public to treat disease or deformity
by the use of any drug, nostrum or instrument, shall pay to tin;
board a license of $100 per 'month, which shall be at once covered
into the state treasury. The board shall issue a license to reputable

HEALTH LAWS OF KENTUCKY 271

and worthy applicants under this section upon payment 'of the fee
each month, but may for sufficient cause refuse such license. Any
such itinerant vendor traveling as a company or troupe, with two or
more persons as members or in its employ, who shall treat or profess
to treat or cure disease or injury by the use of any drug, nostrum,
or instrument without license to do so, or shall sell the same for such
purpose, in violation of this section, shall, upon conviction, each and
every person so engaged, be fined fifty dollars for the first offense,
ami upon each subsequent conviction shall be fined ;one hundred
dollars. J

See. 2616. All to be Treated Alike Exceptions. — Nothing in
this law shall be stTUCd as to discriminate against any partic-

ular school or system of medicine, or to prohibit women from prac-
ticing midwifery, or to prohibit gratuitous services in ease of emer-
shall this law apply to commissioned Burgeons of the

In; liny, navy or marine hospital service, or to legally

qualified physicians of another state, called to see a particular case
or family, but who does not open an office or appoint any place in
this state where he or she may meet patients or receive calls.'

. 2617, Duty to Enforce Law. It shall be the duty of the
te and local boards of health to bring to the attention of the

courts any violations of the provisions ol thifl law within their re-

Sec. 2618. Practice of Healing Defined— Penalties. Any
living in thi or any person coming into

this who shall practice medicine, or attempt to prac-

iicine in any of its branches, or who shall treat or attempt

to treat any sick or afflicl ion by an; mi or method whatso-

pensation, without first complying with the

aw, shall, upon conviction thereof, be lined fifty

dollars, and oh and i bsequenl conviction shall be fined

one hundred dollars and imprisoned thirty days, or either or both,

in the discretion of the court or jury trying the ease: and in no

where any provision o! this law has been violated shall the per-

sting be entitled to receive any compensation for the

rendered. To npon an office for such purpose, or to announce

he public in any way a readiness to treat the sick or afflicted shall

deemed t< ■ in the practice of medicine within the meaning

of this act.

272 HEALTH LAWS OF KENTUCKY

COURT DECISIONS UNDER MEDICAL LAWS.

Executive Office, Frankfort, Ky., October 16, 1893.

Appeal to the Governor from action of the State Board of
Health, refusing a certificate to practice medicine to Dr. E. A. Welsh ,
of Louisville, Ky.

Governor Brown's Decision.

The following provisions are found in an act passed by the Gen-
eral Assembly and approved April 10, 1893, entitled "An act to pro-
tect citizens of this Commonwealth from Empiricism : ' '

Sec. 2. It shall be unlawful for any person to practice medi-
cine, in any of its branches, within the limits of this state, who has
not exhibited and registered in the county clerk's office of the county
in which he resides, his authority for so practicing medicine as herein
prescribed, together with his age, address, place of birth and the
school or system of medicine to which he proposes to belong, and the
person so registering shall subscribe and verify by oath, before such
clerk, an affidavit containing such facts, which, if wilfully false, shall
subject the affiant to conviction and punishment for perjury.

Sec. 3. Authorhr to practice medicine under this law shall be
a certificate from the State Board of Health, and said board shall,
upon application, issue a certificate to any reputable physician, who
is practicing or who desires to begin the practice of medicine in this
state, who possesses any of the following qualifications: First, a
diploma from a reputable medical college and legally
chartered under the laws of this state. Second, a diploma
from a reputable and legally chartered medical college of
some other state or country, indorsed as such by the
State Board of Health. Third, satisfactory evidence from
the person claiming the same that such person was reputably and hon-
orably engaged in the practice of medicine in this state prior to
February 23, 1864. Applicants may present their credentials by mail
or proxy, and the board shall issue its certificates to such applicants
as are entitled thereto as though the applicant was present. All cre-
dentials shall be signed by the president and secretary ,* and attested
by the seal of the board, and not more than $2.00 shall be charged
for any certificate.

H1ALTN LAWS OF KHNTUCKY 273

Sec. 4. Nothing in this jaw shall be construed to authorize
any itinerant doctor to register or to practice medicine in any county
in this state.

Sec. 5. The state board of health may refuse to issue the cer-
tificate provided for in section 3 of this article to any individual
guilty of grossly unprofessional conduct of a character likely to de-
ceive or defraud the public, and it may. after due notice and hearing,
revoke sueh certificates for like cause In all cases of refusal or revo-
iun, the applicant may appeal to the Governor, who may affirm or
: ulf the decision of the board, and this decision shall be final.

uislatioii is under tl ate. It has

been held by the judicial authoriti er is a gen-

eral one, by which a government may promote the gen-

eral welfare, even at the expense of prr tts exact scope

Lifficult to d>" Supreme Court has

elined to do so, stating that it would ease as it arose.

ed tor the preservation of the public health and morals,
in restricting th< ating the use of

property.

It can mil;. ! by Legislative enactment, and is within

retion of the ' long as constitutional limitations

are not passed, com lining power if such laws shall

Late natural principles of justice and th the policy or

have nothing to do if the eon-
led.

Occupations and practi' taxation or pen-

's, or prohibited if injurious to public morals or health.
To protect the health of the community, the establishment of
ouses ma in certain districts; also burying

groi; be pollution of water

ions may be
prohibit atutee may sup-

!' injurious drugl OT in

publications or
. and provide for

te Supreii all voca-

condil ions. All mas- be pursued

274 HEALTH LAWS OF KENTUCKY

as sources of livelihood, some requiring years of study and great
learning for their successful prosecution. The interest, or, as it is
sometimes termed, the estate acquired in them, that is, the right to
continue their prosecution, is often of great value to the possessors,
and cannot be arbitrarily taken from them any more than their real
or personal property can be so taken. But there is no arbitrary de-
privation of such right where its exercise is not permitted because of
a failure to comply with the conditions imposed by the state for the
protection of society. The power of the state to provide for the gen-
eral welfare of its people authorizes it to prescribe all such regula-
tions as, in its judgment, will secure or tend to secure them against
the consequences of ignorance and incapacity, as well as of deception
and fraud." 120 U. S. Reports, page 121.

The Supreme Court of Minnesota says: "In the profession of
medicine, as in that of law, so great is the necessity for special qual-
ification in the practitioner, and so injurious the consequences likely
to result from a want of it, that the power of the legislature to pre-
scribe such reasonable conditions as are calculated to exclude from the
profession those who are unfitted to discharge its duties, cannot be
doubted. Hewitt v. Charier, 16 Pick, 353; Spaulding v. Alford, 1
Pick 33 ; Wright v. Lanckton, 19 Pick 288 ; Cooley, Const. Lim. 745.
Statutes for the accomplishment of this purpose have been very com-
mon, containing provisions similar to those found in this act, that is,
requiring, as a condition of the right to practice the profession, that
the practitioner shall be a graduate of an institution for medical
instruction, or shall have a certificate of his qualification from some
recognized body of men learned in the science. Such requirements
have been incorporated into the laws of Massachusetts, Maine, New
York, Ohio, Illinois, Alabama, Georgia and Texas, and in other states,
and their validity has never, we think, been judicially denied."

The legislature has surely the power to require, as a condition ot
the right to practice this profession, that the practitioner shall be
possessed of the qualification of honor and a good moral character,
as it has to require that he shall be learned in the profession. It can-
not be doubted that the legislature has authority, in the exercise of
its general police power, to make such reasonable requirements as may
be calculated to bar from admission to this profession dishonorable
men, whose principles or practices are such as to render them unfit

Al/ni LAWS OF KENTUCKY 275

to be intrusted with the discharge of its duties. And as the duty of
determining upon these qualifications, both as to learning and skill,
and as to honor and moral fitness, must from necessity be committed
to some person or bod}' other than the legislature, we see no reason
why it may not be committed to the legally constituted body of men,
learned in this profession, named in this act.

We are referred to no decision, and we have found none, sustain-
ing the position of the relator, that an adverse determination of such
body upon such a question, by reason of which the applicant is pre-
cluded from eng a the practice of his profession, deprives him
of his property without due process of law. or that such enactments
are for any reason unconstitutional.

In 34 .Minn., page 390, it is said: "There is no possible distinc-
tion in this respect, between refusing to grant a license and revok-
ing one already granted Both seta are an exercise of the police
power. The power i and the object of its exercise is. in each

case elude incompetent or unworthy persons

at Therefore, the same body, which may be
ted with the ; int, or rei rant, a I may also

be vested with the | > revoke. The statutes of all the states

are full • the power to i a of dealers,

innkeepers, hackmen, draym i, pilots, en-

gineers and the I, boards v. ho are

authorized I innty commissioners,

in, hoar. i irds of ea i onstitution-

• of the poii -ften

D sustained, and. indeed, rar tinned, ('onley. Const, \j\n\.

283 and 5D7. am

The Indiana, 10!) hid., page 279, says: "It

•fore, no oew principle of law ths b;j our statute,

if it wei i Mt lite is. no

one can doi. I igh imp ority that health,

limb and life should not he lei: it of ignorant |

rlatans. | igislature to

t such laws as will protect the people from i| pretenders.

and secure them /,.. skilled and Learned men,

although it is not within the power of the Legislature to discriminate
in favor of any particular scl 1 of mcdicim

27« HEA.LTH LAWS OF KENTUCKY -

Speaking of a statute like ours, tke Texas Court of Appeals said :
"We are of opinion that all of the porvisions of the act under con-
sideration, as above set out, and independent of any constitutional
warrant for its enactment, would be maintainable under the police
power of the state ; that, under this general power, the legislature is
the proper judge as to what regulations are demanded in dealing with
the property and restraining the actions of individuals."

Judge Cooley strongly and equivocally affirms the validity of
statutes like ours. Cooley on Torts, 289, 290.

For more than eighty years a similar statute has been in force in
New York, and the courts of that state have uniformly regarded it as
valid.

In Driscoll v. Commonwealth, Fourteenth Kentucky Law Re-
porter, page 376, the constitutionality of the legislation in question is
discussed and sustained, although the exact question presented here
was not then decided.

There is evidence in the record submitted to me that Dr. "Welsh
is not a reputable physician — that his methods of practice and bus-
iness in his profession are disreputable and misleading to the public.

Believing the act under which the State Board of Health have
proceeded, to be constitutional, also that the board has not exceeded
its powers, and that its action is sustained by the evidence, I there-
fore Recline to disturb the judgment in this case.

Court of Appeals. Filed October 20. 1892— M. Driscoll v. Common-
wealth : Commonwealth v. C. W. Rice — Appeals from the Louis-
ville City Court-
Opinion of the Court by Judge Pryor.
These two cases, involving the same question, will be considered
together.

An act of the legislature was passed on the 23rd day of Febru-
ary, in the year 1874, for the purpose of preventing incompetent
physicians and surgeons from practicing their profession within the
state, the act reciting that it is of the greatest importance that none
but persons with competent ouah'fieations should be allowed to prac-
tice a profession to whose skill and ability the life of the citizen is en-
trusted, etc. This enactment has been amended from time to time,
and bv the act of April 25, 1888. it is provided that there shall be a

HEALTH LAW'S OP KENTUCKY L'77

registration of all physicians in the county court of each county

(that is, whore they reside), and by section 2, "that on and after the

first day of April, 18S9, it shall be unlawful for any person to prac-

medicine, in any of its departments, within the limits of this

te, who has not exhibited and registered in the county clerk's

>e of the county where he is practicing, or intends to commence the

practice of medicine, lus authority for so' practicing medicine as

•i ihed in this act, the name and location of the college issuing the

same; if it be a diploma, the date of the same, together with his age,

residence, place of birth, and the school or system of medicine to

which he professes to belong," etc. And by section 3 it is provided

that authority to practice medicine under this act shall be: "A

diploma from a medical school, legally chartered under the laws of

this : diploma from a reputable and legally chartered medical

school of some other si ate or county certified and indorsed as such

•y of a Legally chartered medical school in this state or

al Society; an affidavit from the person claiming the

from obtaining a diploma under

to which this is an amendment." Sections 2 and

• original me to practice who had been a prac-

who had ined by the

medical board and found qualifk der the act of April, 1888, a

dip' ool of this Btate, or from <>ne

chai odorsed as such by a medical school

Thi ply, however, to physicians who had

within t! prior to the ,.f the orig-

inal act of 1874, The ad <>r April ! ain amended on

the 24th of May, 1890, di g with the endorsement of a medical

"ii the diploma was obtained out of the

be made by the state board

health.

Thi not appl, i here physicians

have, prior by complying with the previous enactments on

don, and affe

" failed to comply with the provisions of the
lie act of 1890, have com-
ctice withoui complying with its provisions.

27S HEALTH LAWS OF KENTUCKY

If Driscoll, who seems to have been practicing his profession be-
fore the act of 1890 was passed, had complied with the law in ex-
istence prior to that time, his right to practice could not be ques-
tioned.

The act of 25th of April, 1890, is not retroactive, nor should such
a construction be given it.

He produces a diploma from the Starling Medical College,
located in the state of Ohio. It is agreed that it is a chartered insti-
tution and a reputable college. In the month of March, 1889, he regis-
tered in the Jefferson county clerk's office, by presenting his diplo-
ma, with the endorsement of one Kalfus, wh was the secretary of
the Board of Kegents, Kentucky School of Medicine. Kalfus had no
authorit}^ to endorse diplomas, nor was he a member of the faculty
of the Kentucky school, still, on his statement that he had the author-
ity to make the endorsement, the appellant, Driscoll, registered.
In April, 1889, he also sent his diploma to Dr. McCormack, at Bowl-
in Green, for endorsement, and it was returned without explanation.
The appellant seems to have made an effort, at least, to comply with
the law, but failed to have the endorsement as required prior to the
act of the 25th of April, 1890, and it is not pretended that he has
the endorsement required by the provisions of this act.

It does not appear what the system of medicine was taught in
the medical school in which the appellant, Driscoll, graduated, and
this is immaterial, as the statute expressly provides "that nothing in
this act shall be so construed as to discriminate against any peculiar
system or school of medicine, or to prohibit women from practicing
midwifery, or to prohibit gratuitous services in case of emergency,"
etc. So a diploma from a reputable college, in which there may be
taught a new system of practice, or in which there may be a departure
from the old system, affords no reason for withholding an endorse-
ment by the board of health, and there being no discrimination in this
regard, we perceive no constitutional objection to any of the provis-
ions of the act. unless they are so unreasonable as to preclude those
qualified from practicing their profession.

We see no reason for denying the right of the legislature to enact
laws for the protection of the people, by requiring those who under-
take to practice a profession to give evidence of their qualifications
and skill by the exhibition of a license from those who, in the legis-

HEALTH LAWS OF KENTUCKY 279

lative judgment, are competent to determine whether or not the ap-
plicant lias the necessary qualifications to practice the particular
profession.

The citizens, of necessity, when diseased, must employ the phy-
sician, and the lawyer when his right of person or property has been
violated. The entire public is interested in knowing, or in having the
means of ascertaining/whether the physician he desires to employ has
a sufficient knowledge of medicine as enables him to practice his pro-
ion; and for the welfare and safety of the citizens the legislature
may say that you shall not practice medicine unless you have the en-
dorsement of a board skilled in the profession. The patients of the
physician must rely on his knowledge of medicine, and the mode of
administering it. and the entire public being interested in having
physicians learned in the profession, it is competent for the legisla-
ture to prescribe the mode of determining the qualificationes of those
who propose to embark in the practice.

1>; I \V. ( >. BradlxTj Qovebnob op Kentucky.

Dr. B. A. Stockdale's Appeal.

e appellant admits that his conduct has been irregular and im-
proper, but bases his righl to a certificate to practice medicine upon
his promise not to be guilty of such conduct in the future. This
promise was made in 1893, when he applied for the first time; again
in 1896, when he made the second application, and in April, 1897,
ii he made the present application. Xei the proof shows that this
advertising continued in ip to the 9th of April

. and that as late as .lanuuary 1 1. W>7. he advertised that he could

cure diseases, which a number of reputable physicians swear are in-

i,],..

'I'he statute of empiricism was adopted to prevent such persons
from «ng*gfag iii the practice, tor it cannol he denied thai one thus
advertising is guilty of grossly improper conduct caleulatecfto deceive

or defraud the public. (Sec. 261.">. Kentucky Statutes.) Such a per-
son cannot be deemed "reputable." As to the propriety or wisdom
of the statute, it i> 1<h> la<e now to raise a question, as the highest
court of the state and my distinguished predecessor have upheld and
reco ti Tho statute, in referring to a reputable person, means

not one who is shown to i>e disreputable and who promises' reforms

210 HEALTH LAWS OF KENTUCKY

lion, but one who is reputable at the time the application is made.
Any other construction would destroy the efficacy of the Taw, for
every quack, who would make a promise, would be entitled to prac-
tice, and thus the public be deceived and injured.

The question of forgiveness or charity is not involved. If the
doctor will cease his disreputable practices, and establish a proper
character, then he may ask forgiveness and be allowed to practice,
but a mere promise to desist in the future cannot of itself give him
the right to be recognized by the board.

The judgment of the board is affirmed.

Decision op the Supreme Court of the United States in the Case
of Dent, Plaintiff in Error, v. the State of West Virginia

Submitted Dec. 11, 1888.— Decided Jan. 14, 1889.

S. C. Reporters' Ed., 114-128.

Mr. Justice Field delivered the opinion of the court :
Whether the indictment in which the plaintiff in error was tried
and found guilty is open to objection for want of sufficient certainty
in its averments, is a question which does not appear to have been
raised either on the trial or before the supreme court of the state.
The presiding justice of the latter court, in its opinion, states that the
counsel for the defendant expressly waived all objections to defects
in form or substance of the indictment, and based his claim for a re-
view of the judgment on the ground that the statute of West Virginia
is unconstitutional and void. The unconstitutionality asserted con-
sists in its alleged conflict with the clause of the Fourteenth Amend-
ment, which declares that no state shall deprive any one of life, lib-
erty or property without due process of law — the denial to the de
fendant of the right to practice his profession without the certificate
required constituting the deprivation of his vested right and estate
in his profession which he had previously acquired.

It is undoubtedly the right of every citizen of the United States
to follow any lawful calling, business or profession he may choose,,
subject only to such restrictions as are imposed upon all persons of
like age, sex and condition. This right may in many respects be con-
sidered as a distinguishing feature of our republican institution.
Here all vocations are open to every one on like conditions. All may

HEALTH LAWS OF KENTUCKY 281

be pursued as sources of livelihood, some requiring years of study and
it learning for their successful prosecution. The interest, or,
as it is sometimes termed, the estate acquired in them, that is, the
right to continue their prosecution, is often of great value to the pos-
and canimt be arbitrarily taken from thorn any more than
the; al property can be thus taken. But there is no

arbitrary deprivation of such rijxht where its exercise is not permitted
of a failure to comply with conditions imposed by the state
for the protection of society. The power of the state to provide for
the genera] welfare of its people authorizes it to prescribe all
such regulations as in its judgment will secure or tend to se-
cure them against the consequences of ignorance and mea-
ty as well as of deception and brand. As one means to
this end it lias been the practice of different states, from time
immemorial, to exact in many pusuits. a certain degree of
skill and learning upon which the community may confidently
rely, their possession being generally ascertained upon an ex-
amination of parties by competent persons, or inferred from a cer-
tiiieate to them in the form of a diploma, or license from an insti-
tuti< d for instruction on tin- subjects, scientific and other-

•. with winch BUch pursuits have to deal. The nature and extent
required musl depend primarily upon the judg-
ment of the state as to their necessity. If they arc appropriate to the,

calling or profession, and attainable by reasonable study or applica-
tion, do objection to their validity .-an be raised because of their
!• difficulty. It iN only when they have no relation to such
eallinj- or p i. or are unattainable by such reasonable study

plication, that they can operate to deprive <>ne of his right to
pursue a lawful vocation.

Few p [uire more careful preparation by one who

i- it than that of medicine. It has to deal with all those
tie and mysterious influences upon which health and life depended,
and requires not only a knowledge of the ble and mineral sub-

stances, but of the human body in all its complicated parts, and their
relation to each other as well as their influence upon the mind. The
physician must be able to detect readily the presence of disease, and
prescribe appropriate remedies for its removal. Every one may have

to consult him. but comparatively few can judge of the <pial

282 HEALTH LAWS OF KENTUCKY

iiications oil the learning and skill which he possesses. Keliance must
be placed upon the assurance given by his license, issued by an
authority competent to judge in that respect that he possesses the re-
quisite qualifications. Due consideration, therefore, for the protec-
tion of society may well induce the state to exclude from practice
those who have not such a license, or who are found upon examina-
tion not to be fully qualified. The same reasons which control in
imposing conditions, upon compliance with which the physician is
allowed to practice in the first instance, may call for further condi-
tions as new modes of treating disease are discovered, or a more thor-
ough acquaintance is obtained of the remedial properties of vegetable
and mineral substances, or a more accurate knowledge is acquired of
(he human system and of the agencies by which it is affected. It
would not be deemed a matter for serious discussion that a knowledge
of the new acquisitions of the profession, as it from time to time ad-
vances in its attainments for the relief of the sick, and suffering,
should be required for continuance in its practice, but for the earnest-
ness with which the plaintiff in error insists that by being compelled
to obtain the certificate required, and prevented from continuing in
his practice without it, he is deprived of his right and estate in his
profession without due process of law. We perceive nothing in the
statute which indicates the intention of the legislature to deprive one
of any of his rights. No one has a right to practice medicine without
the necessary qualifications of learning and skill; and the statute
only requires that whoever assumes, by offering to the community his
services as a physician, that he possesses such learning and skill, shall
present evidence of it by a certificate or license from a body desig-
nated by the state, as competent to judge of his qualifications.

As we have said on more than one occasion, it may be difficult, if
not impossible, to give the terms "due process of law" a definition
which will embrace every permissible exertion of power affecting pri-
vate rights and exclude such as are forbidden. They come to us from
the law of England, form which country our jurisprudence is to a
great extent derived, and their requirement was there designed 'to
secure the subject against the arbitrary action of the Crown and
place him under the protection of the law. They were deemed to be
equivalent to the "law of the land." In this country, the require-
ment is intended to have a similar effect against legislative power,
that is, to secure the citizen against any arbitrary deprivation of his

HEALTH LAWS OF KENTUCKY 283

rights, whether relating to his life, his liberty, or his property. Leg-
islation must necessarily vary with the different objeets upon which
it is designed to operate. It is sufficient for the purposes of this
case, to say that legislation is not open to the charge of depriving
one of his rights without due process of law, if it be general in its
operation upon the subjects to which it relates, and is enforeable in
the usual mi ablisned in the administration of government with

respect to kindred matters, that is, by process or proceedings adapted
to the nature of the ease. The great purpose of the requirement is
everything that is arbitrary ami capricious in Legislation
affecting the right of the citizen. As said in this court in Yick "Wo.
v. Hopkins, speaking by Mr, Justice Mathews: "When we consider

nature and theory of our <rovernment, the principles upon which
the.\ pposed to rest, and review the history of their develop-

it, we are constrained to conclude that they do not mean to leave

room for the play and action of purely personal and arbitrary pow-

118 1" 226). See also Pennoyer v. Neff,

95 r. s.. 71 1. 788 24; 565, 572 \ Davidson v. N. 0., 96 U. S., 97,

104. Kit lM: 616, 619, 620 i Burtado v. CaL, 110 U. 3., 516 (28;

; .Mm. Pac, BLCo. v. Bumes, 115 r. B. 512, :>1(> (29; 463, 465).

There i^ nothing of an arbitrary character in the provisions of

the lonj it applies to ;ill physicians, except those who

may I..- called for a special ease from another State; it imposes no

conditions which cannot he readily met: ami it i-> made enforceable

in th.' mode usual in kindred matters, that is. by regular procedii

adapted t<> • it auti the examination of the applicant

by the board of | ia qualifications when he lias no evidence

hem in the diploma of a reputable i lical college in the school of

medicine to which he belongs, or has not practiced in the State a des-
ignated period before March, 188L If. in the proceedings \wuWv the
tiould be any unfair or unjust action on the part of
th" board in refusing him a certificate, we doubl not that a remedy

tld be found in the courts of the Stat". But no such imputation
can be made, for the plaintiff in error did not submit himself to the
examination of the hoard after it bad decided thai the diploma he
presented was insufficient

The case of Cumminga v. Mo., 71 IT. S., 4 Wall, 277, and of Ex
parte Garland, 71 r. s.. i Wall, 333, npon which much reliance is

284 HEALTH LAWS OF KENTUCKY

placed, do not iu our judgment support the contention of the plaintiff
in error. In the first of these cases it appeared that the Constitution
of Missouri, adopted in 1865, prescribed an oath to be taken by cer-
tain persons holding certain offices and trusts and following certain
pursuits within its limits. They were required to deny that they had
done certain things, or had manifested by act or word certain sym-
pathies or desires. The oath which they were to take embraced thirty
distinct affirmations respecting their past conduct, extending even to
their words, desires and sympathies. Every person unable to take
this oath was declared incapable of holding in the State "any office
of honor, trust or profit under its authority, or of being an officei,
councilman, director, trustee or other manager of any corporation,
public or private," then existing or thereafter established under au-
thority ; or "of acting as a professor or teacher in any educational
institution, or in any common or other school, or of holding any real
estate or other property in trust for the use of any church, religious
society or congregation. ' ' And every person holding, at the time the
Constitution took effect, any of the offices, trusts or positions men-
tioned was required, within sixty days thereafter, to take the oath,
and if he failed to comply with this requirement it was declared that
his office, trust or position should, ipso facto, become vacant.

No person, after the expiration of the sixty days was allowed,
without taking the oath, "to practice as an attorney or counselor at
law," nor after that period could "an}' person be competent as a
bishop, priest, deacon, minister, elder or other clergyman of any reli-
gious persuasion, sect or denomination to teach or preach, or sol-
emnize marriages." Fine and imprisonment were prescribed as a
punishment for holding or exercising any of the "offices, positions,
trusts, professions, or functions" specified without taking the oath,
and false swearing and affirmation in taking it was declared to be
perjury punishable by imprisonment in the penitentiary.

A priest of the Roman Catholic church was indicted in a circuit
court of Missouri, and convicted of the crime of teaching and preach-
ing as a priest and minister of that religious denomination, without
having first taken the oath, and was sentenced to pay a fine of $500,
and to be committed to jail until the same was paid. On appeal to
the Supreme Court of the State the judgment was affirmed, and the
ease was brought on error to this court.

HEALTH LAWS OF KENTUCKY 215

As many of the acis from which the parties were obliged to
purge themselves by the oath had no relation to their fitness for the
pursuits and professions designated, the court held that the oath was
not required as a means of ascertaining- whether the parties were
qualified for those pursuits and professions, but was exacted because
it was thought that the acts d I punishment, and that for many

of them there was no way of inflict ing punishment except by depriv-
ing the parties of their offices and trusts. A large portion of the peo-
ple of Missouri were unable to take the oath, and as to them the court
held that the requirements of its Constitution amounted to a legisla-
tive deprivation of their rights. Many of the acts which parties were
bound to deny that they had ever done were innocent at the time they
were commit \ the deprivation of a right to continue in their

office if the oath was hold t<> be a penalty for a past

which was violal Constitution. The doctrine of this

in Pierce v, Cai 83 U. S., 16 Wall., 234.

In the second case mentioned, that of Ex parte Garland, it ap-
>n the second of duly. 1S62, Congress had passed an act
icribing an oath to be taken I person elected or appointed

to any office of honor or profit under the United States, either in
the civil, military or naval dep, a of the government, except

•-•fore entering upon the duties of his office, or before
being entitled to his salary or other emoluments. On the 24th of Jan-
uary, 1865, Con a supplemental act. extended its provisions

so as to embrace aft- aid conns< the courts of the United

This latter act. r things, provided that after its

Imitted as an attorney and counselor

the bar of the Supreme Court after the 4th of March, 1865, to the

bar of any circuit districl <'<>urt of the United States, or of the court

of claims, or lie alb.-. IT and be heard by virtue of any pre-

. until he had taken and subscribed the oath pre-

[bed by the act of July 2. 1802. The oath related {.. past acts, and

Lude fro- , the courts parties who were

unable to affirm that they had nol done the acts specified; and, as it

could not be taken 1 ns il was held to operate

against them as a legislative decree of perpetual exclusion.

Mr. Garland had been admitted t<> the bar of the Supreme Court
of the "Pnited Stat- ti8 to the passage <>f the act. He was a

286 HEALTH LAWS OF KENTUCKY

citizen of Arkansas, and when that State passed an ordinance of
secession which purported to withdraw her from the Union, and by
another ordinance attached herself to the so-called Confederate States,
he followed the State and was one of her representatives first in the
lower House and afterwards in the Senate of the Congress of the
Confederacy, and was a member of that Senate. at the time of the sur-
render of the Confederate forces to the armies of the United States.
Subsequently, in 1865, he received from the president of the United
States a full pardon for all offenses committed by his participation,
direct or implied, in the rebellion. He produced this pardon and
asked permission to continue as an attorney and counselor of this
court without taking the other required by the act of January 24,
1865, and the rule of the court which had adopted the clause requir-
ing its administration in conformity with the act of Congress. The
court without taking the oath required by the act of January 24,
a condition of his continuing in the practice of his profession im-
posed a penalty for a past act, and in that respect was subject to the
same objection as that made to the clauses of the Constitution of Mis-
souri, and was therefore invalid.

There is nothing in these decisions which supports the positions
for which the plaintiff in error contends. They only determine that
one who is in the enjoyment of a right to preach and teach the Chris-
tian religion as a priest of a regular church, and one who has been
admitted to the practice of the profession of the law, cannot be de-
prived of the right to continue in the exercise of their respective pro-
fession by the exaction from time to time of an oath as to their past
conduct, respecting matters which have no connection with such pro-
fesions. Between this doctrine and that for which the plaintiff in
error contends, there is no analogy or resemblance. The Constitution
of Missouri and the act of Congress in question in those cases were
designed to deprive parties of their right to continue in their pro-
fession for past acts or past expressions of desires and sympathies,
many of which had no bearing upon their fitness to continue in their
profession. The law of West Virginia was intended to secure such
skill and learning in the profession of medicine that the community
might trust with confidence those receiving a license under author-
ity of the State.

Judgment affirmed.

INDEX

Page
Abattoirs, slaughter houses and stock yards, rules and regulations for..l82, 188
Abortion law, penalties for producing; fines, and murder in case of

death; woman not an accomplice 92

Advertising, false, fraudulent or for the treatment of sexual or venereal

diseases forbidden; penalties 86, 91

Adulterations and misbranding of foods and drugs defined; penalties..35, 42
Bltnral Experiment Station, analytical and other health work

to be done by 44, 48

Compensation for same ... 46

Emergency laboratories to be equipped and operated during epi-
demics 45

nals, diseased, not to be slaughtered for fool; penalties for .182, 188
Carcasses not to be pal in or near streams or water sup-

79, 80, 187, 196

Penalties for •-.... 80

; narcotic law, definitions, procedures and penalties 93, 94

Antitoxins for both prevention and treatment 23, 142

Assembly rooms and I 199, 200

Plans for to be submitted to state board of health 200

Assistant health officers and assistant nurses, provisions for 19

Attorneys, duty of county, district and attorney general to enforce

ith and D WM 22, 23, 27, 35, 79, 86

Au;i > employ special attorneys 22, 23, 27

• Ties, buildingi :»"d premises, law regulating 176, 179

Bread and other products to be wrapped 179

Contagious diseases, employes with barred from working in .177. 178

Purity of water to be certified 178

Garbage and waste products to be removed daily 179

Standard of purity of all materiali defined 180

Regulations tor 176, 180

en and barber shops, rules and regulations for 201, 202

Brushes an 1 combs of 203

Births and deaths, registration of 96. 112

. prevention of; duties of state, county and city health

authorities, physicians and midwives; penalties 87, 89

Boarding-houses, hotels and restaurants; bureau for the regulation of.... 28

I • - 29, 30

Hub's and regulations for iso, 193

281 HEALTH LAWS OF KENTUCKY

Boards of health, county; appointment of 24, 26

Powers and duties of 12, 133

Rules and regulations for ,. 133, 215

Board of health, state; annual appropriation for 10

Appointment and term of office of members 6

Bureaus of ....-- 3, 10, 11

Law creating and powers and duties of under health law 6, 73

Meetings of 7

Personnel of ; 3

Powers and duties under medical law; secretary of and term

of office 9

Powers and duties of in enforcing food and drug laws 52, 55

Quarantine, powers of 7, 24, 26, 75, 124

Rules and regulations of 135, 215

Bread and other bakery products to be wrapped 179

Rules and regulations for producing and handling 176, 180

Bureaus of the state board of health 3

Of hotels and restaurants 3, 10, 28, 35, 189, 193

Of epidemology and bacteriology; of food and drugs; of sanitation;
of tuberculosis; of vital statistics; of public health labora-
tories 3, 10

For the conservation of vision 3, 87, 89

Of venereal diseases 3, 156, 161

Of public nurses 3

Of child welfare 3

Of housing 3, 20u

Burial cases or coffins not to be sold until burial permit is secured 203

Butter and lard; penalties for selling or offering for sale if not pure,
or marked to show true character 80, 81

Candling of eggs, rules regulating; penalties for violating 181

Candy or sweetmeats; penalty for making or vending if they contain
poison or noxious ingredients 79

Carcasses of dead animals; penalties for putting in or near water

courses or supplies 79, 80, 196, 197

Carriers of disease germs, special rules for 150

Cerebro-spinal meningitis made a reportable disease 135

Minimum period of isolation 136

Health management of 135, 156

Chicken-pox made a reportable disease 135

Period of incubation for; period of isolation 136

Health management of 136, 156

Chiropodists and manicures, rules for 201, 202

City boards of health 23, 24

Powers and duties of 12, 24, 133, 215

For duties see also county boards of health 19, 24, 27, 133, 215

HEALTH LAWS OF KENTUCKY 289

city health Officers; provisions for 23

Schools for 11

For duties, powers of see county health officers 18, 26, 27, 133. 135, 215

Cleanliness of operations in food establishments 51

Cleansing, renovating and disinfection of a room or house 153

Letting of forbidden after infection until so treated, under the

direction of the local health officer 151, 153

Common carriers; restrictions concerning, and duties of during epi-
demics 7, 8, 153, 155

common drinking cups; public use of unlawful 94, 201

Common towels and utensils: public use of unlawful 31, 201

municable. infectious or contagious diseases defined and made re-
portable 25, 26, 135, 145

Rules and regulations for health management of 135, 215

Carriers 150

re in handling food of 149

Exclusion from schools and gatherings of 146, 148

Removal to hospitals or quarantine in 149

Public funerals of dead forbidden. 156

Placarding houses containing 145, 149

msing or disinfection of room or house after 153

Conjunctivitis, or sore eyes in the new-born made a reportable disease.. 135
contagious diseases; persons baying not to work or handle food products 51
nets for specimens for analyses of all kinds sent by Agricultural

.eriment Station upon application 45

( ontamination of streams; penalties [or 79, 80

I ounty attorneys; duties of under health and medical laws defined,

22, 23, 27, 35, 43, 79, 86

:ity boards of health; appointment of 24, 26

Lowers and duties of 24, 27

Rules and regulations to enforce . 133, 215

Offices a ii< i laboratoriee fa 19

nty departments of health; provisions for 13, 22

Rules and regulations for 133, 215

Offices and laboratories for 19

• onnty health Officers and assistants; provisions for 18, 22, 25, 26

Compensation for 18, 19, 25, 26

officers and laboratory- for 19, SO

Duties and power-, of 18, 22, 25, 26, 27, 33, SIS

Rules and regulations for bim to enforce 133, 215

ools for; provisions for maintaining 11

To keep minutes, make reports and publish pertinent rules from

time to tine- 133. 134

Qperrise and inspect schools, water supplies, theatres and all
other matters and places affecting henith is, si, 183, S16

H. L.— 10

290 HEALTH LAWS OF KENTUCKY

County nurses, visiting; state aid for 112, 115

Court decisions under health law , 213, 256

Under medical law -262, 275

Cream and milk; requirements of production and handling 163, 176

Croups — membranous, diphtheria — made a reportable disease 135

Minimum period of isolation 136

Rules and regulations for protection of community against 136, 156

Cuspidors and spitting in food establishments 51

Dairy farms, through physicians or owners or operators shall immedi-
ately report any case of diphtheria, scarlet fever, poliomylitis,
typhoid fever, septic sore throat, or other communicable disease to

health officer ... 14]

Dairies; rules and regulations for 163, 176

Buildings and premises 163, 166

Requirements for producing and handling milk products in 164, 176

To be systematically inspected and scored 168

Communicable disease on premises; health officer to be notified. .165, 144

Kentucky sanitary privy required if not connected with sewer 165

Dead animals; penalties for placing in or near streams 19, 80, 196, 197

Dead bodies; transportation of; rules and regulations for 209

Deaths and births; registration of 96, 112

Decisions of courts, under health laws 213, 256

Under medical' laws 262, 275

Departments of health, county and district; how established and main-
tained 12, 24

Diphtheria — membranous croup — made reportable 135

Antitoxins, use of for prevention and treatment; free antitoxin for

the indigent 20, 42

Minimum period of isolation for 136

Specimens to be sent for culture to laboratory 141

Rules to be observed for the protection of the community 136, 156

Funerals of the dead from must be private 156

Diseased persons having any contagious, infectious or communicable
sickness, or articles or things infected by them, shall not be moved
from any room or house without permission from the health of-

cer 143, 144

Diseased animals, stock yards and slaughter-houses; rules for 182, 188

Disease germ carriers; special rules for 150

Disinfection, cleaning and renovating of a room or house 151, 153

In hotels 191, 192

In railway or sleeping cars and stations 194, 195

Letting or use of infected rooms forbidden until so treated 151, 153

District or county departments of health; how established and main-
tained : 12, 24

Division of fees unlawful by physicians 95, 96

HEALTH LAWS OF KENTUCKY 291

Drinking cup law; definitions and penalties 94

Druggists; treatment of venereal diseases by unlawful 16u

lTiigs, rules relating to 206, 208

How formulated 42, 203

Dysentery, amoebic, bacillary or epidemic, made reportable 135. 137

Eggs, candling of required; rules and regulations concerning; penalties.. 181

Families, heads of to report communicable diseases 25, 135, 163

Feeble-minded, law relating to 45, 13:5

Aiding or abetting marriage unlawful 129

b; division of between physicians unlawful 95, 96

Fiscal courts; powers and duties of in creating county and district de-
partments of bealth 13, 19

Flies; breeding of to be prevented by weekly removal of manure from

all stables 205

By screening bakeries 177

Hotels, boarding houses and restaurants 190

Slaughter-houses 188

Hospitals and siek rooms 138, 156

L and drills, adulterations and misbranding Of 35, 42

Analyses of 33, 44

Bureau of .... 3, 10, 35, 48

Definitions, labeling and weights 33, 48

Cuspidors and rules against spitting m places whore food is pro-
duced or handled 51

Persons with venereal or other Infectious diseases not to be em-
ployed in 51

Rules for -.163. !!••'.

conditions essential in; sanitary privies and toilets and
sewers and toilets and sewer connections and fly screens for.. 48, 55

funerals, public, when forhi iden 156

Heads of families, hotels, boarding and lodging houses to report com-
municable or contagious diseases 140

is. practice of defined, and provision made for impartially examin

ing and legalizing all systems 260, 261

Itta laws 6, 112

Court decisions, construing 213, 256

Health officers, city; duties and powers same as those of counties 23, 24

Election of and term and tenure of office and salary 23, 24

Rules and regulations governing 133, 215

lth officers, county; election of and compensation for 12, 25, 26

Powers and duties 18, 19, 22, 24, 26, 27, 133, 134, 199

Assistants for; offices and laboratories for 19

Picture shows and ot ! -iuties concerning 134

Reports of 12

ools for 11

2S2 HEALTH LAWS OF KENTUCKY

School inspection and supervision of 20, 21

Serums and vaccines; when duty to supply ID, 20

Supervision of water supplies 20, 21

Of nuisances 27

Powers and duties of in enforcing food laws 52, 55

Health officers, inspectors or nurses shall not be obstructed or inter-
fered with in the discharge of their official duties 144

Health retorts and camps; physicians, nurses and managers of to

promptly report communicable diseases 140

Sanitary privies required for 201

Hogs not to be kept in towns or cities during the warm season 203

Honey; penalties for selling manufactured or adulterated article unless

so labeled 8tf

Hotels, restaurants, rooming and boarding houses, bureaus for 28, 35

Certificates and fees for 28, 30

Revocation of certificates; hearing 33, 35

Rules and regulations and requirements for 30, 34, 189, 193

Toilets, sewer connections and sanitary privies for 31, 192, 201

Infantile paralysis — poliomylitis — made a reportable disease 135

Period of incubation in 136

Period of isolation for 136, 137

Rules and regulations for the protection of the community in....l35, 156

Infectious, contagious and communicable diseases all made reportable.... 135

Period of incubation in and isolation for 136

Rules and regulations to be observed in for the protection of the

community 136, 156

Cleansing and disinfection of rooms after 151, 153, 190, 192

Influenza made a reportable disease 135

Authority of health boards to close churches and other places where

the public gather sustained by court decision 251, 256

Rules and regulations for the protection of the community in so
far as they may apply 135, 156

Isolation, minimum period for in communicable diseases 136, 137

Authority for sustained by court decisions 221, 256

Itinerant nostrum vendors must be licensed 260

Kentucky sanitary privy, cuts and plans for 204

Required for all dairies 165

Health resorts; court houses 205

Hotels --......- 192

Railway stations 195

Schools : 162

Slaughter-houses 192

Other public places not connected with public sewers 205

Laboratories of State Experiment Station, duties of 44, 48

HEALTH LAWS OF KENTUCKY 293

Lard and butter; penalties for selling or offering for sale if not pure, or
marked to show true character 80, 81

Manicurers and chiropodists 201, 202

Manure from every public stable to be hauled out each week 205

Marriage of feeble-minded persons; aiding or abetting of forbidden 129

Measles made a reportable disease 135

Period of incubation of 136

Minimum period of isolation for 136, 137

Rules and regulations to be observed for the protection of the com-
munity 135, 156

Funerals of dead from to be private 156

Measles, German, made a reportable disease 135, 137

Rules to be observed for the protection of the community
against 135, 156

Medical law 256, 261

Court decisions under 262, 276

Midwives must register 105

Duty of to report every death 104, 111

To report all eye diseases in the new born 87, 89, 138

Milk, certified, requirements for 163, 176

Pasteurization of, rule for 170

Milk and cream, certified .. 171

Definitions of ..... 170

Permits for dealers and handlers 167

Pasteurization of 170

Grades 170,176

Per cent of butter fats, solids and water 166, 167

Cold storage for 176

Tuberculin and other tests, of cattle producing, authorized by court
decision 238

Mumps made a reportable disease 135

Period of incubation 136

Rules and regulations for health management of 135, 160

Narcotic law; definitions, procedures and penalties 93, 94

Nostrum vendors must be licensed . 260

Nuisances; authority and duty of health officials regarding 6, 27

Methods of procedure and forms of notice 197, 199

As applied to houses of prostitution 82, 86

Nurses as assistants for county and city health officers; provision for. . 19
County visiting; law providing state aid for 112, 115

Opthalmia, sore eyes in the new born; duty of physicians and midwives

to prevent v 87

Prompt treatment and immediate reports required under heavy pen-
alties 87, 88, 135, 137

nstonpath*!. law rolatinp to 259, 261

294 HEALTH LAWS OF KENTUCKY

Pellegra made a reportable disease 135, 137

Physicians, certificates to practice, how obtained.. 256, 261

Care of person in handling infectious diseases 145

Duty of in reporting and diagnosing communicable diseases....25, 135, 156

Under vital statistics law 96, 111

Under venereal disease regulations 156, 160

In reporting communicable disease on dairy farms 166

Communications with patients privileged Ill

Itinerant practice unlawful 25S

Duty under the law for the prevention of blindness 87, 89

Division of fees unlawful 90, 96

Placarding of houses in communicable diseases 145, 146

Penalties for interfering with 146

By common carriers 153, 154

Plague made a reportable disease 135

Regulations for protecting community against 135, 156

Pneumonia, acute lobar, bronchial or lobular, made reportable 135, 137

Regulations for protecting community against 135, 156

Poliomyletis — infantile paralysis — made a reportable disease 135, 142

Period of incubation in, and isolation for 136, 137

Regulations for the protection of the community against 135, 156

Picture shows and ether theatres 199, 200

All plans for to be submitted to state board of health for approval.... 200

Preserves or canned fruit, vegetables, packed goods, maple syrups or

other articles; penalties for selling if not pure or honestly labeled.... 81

Privileged, relations and communications between physician and patient.. Ill

Privy, Kentucky sanitary, required for all dairies 165

Hotels 192

Railway stations ....---- — - 19b

Schools 162

Slaughter-houses , 192

Other public places not connected with public sewers 201

Prostitution and lewdness; buildings and contents where permitted de-
clared a nuisance, and prosecuting attorneys or any citizen may en-
join; procedures and penalties 82, 86

Fublic health nurse law 112, 115

Public health; penalties for offenses against 76, 82

Including sale of diseased or substituted fish or unwholesome or

adulterated bread, drink or medicine 76

Watered or adulterated milk, cream, cheese or milk from which
cream or butter fat has been, removed, or misread; testing

apparatus for 77, 78, 167, 176

Duty of county and district attorneys to prosecute 76

Other offenses against 197, 199

HEALTH LAWS OV KENTUCKY 295

Hospitals, asylums and all other public institutions to report com-
municable diseases 139

Public places; spitting in is forbidden 200

Public water supplies; regulations for 196

State board of health to approve plans for 196

ran tine; authority of state board of health to establish 6, 8

Authority of state line counties to quarantine subject to approval of

state board of health 26, 27

In all communicable diseas for quarantine and isolation.. ..135, 156

Special rules tor smallpox 148

Power to quarantine sustained in long lino of court decisions 213, 276

Rabies ma le a reportable disease 135, 137

•initiation and pasteur treatment furnished 44, 48

Railroads and other common carriers; restrictions concerning and

duties of during epidemics 7, 8, 168, 155

Sanitary priries required for all stations not connected with public

195, 201

D when oci u;>ied 195

Placarding of for communicable diseases .153, 154

Registrars, state and local; powers, duties and tees ...96. 112

Keg: rtha and deaths 96. li-
nts, hotels and boarding houses, law regulating 28, 35

ID 1 tees 30, 35

Rules and regulations lor .",0, 34, 189, 193

a after communicable diseases 151, LBS, 191, 192

• if forbidden without* permit from health officer 153

Rule -illations 133, 215

Authorit] boards Of health to make and

:, B, 84, 26, 28, 84, 12, 15, 72, L06, 118

COU sustaining such authority 218,

of forbidden food or drug intended or

: for human consumption 208

. county or district; authority of fiscal courl to establish and

nt a in 55, 61

PKX to act 57, 61

trustees for 60, 73

irintendanl tor, and duties of 66, 69

Tru 69

By tawi for 69, 72

Only resi te to be admitted 70

Free and pa] to, 72

Treasurer, duties of 68

• - and taxes for 62

Donations and other tun Is in iy be accepted 72, 73

I low two or more counties mav unit.- lor 58, 59

296 HEALTH LAWS OF KENTUCKY

How other counties may join in 58

Election to establish 57, 59

Site and plans for to be approved 65

Sanitary privy, Kentucky; cuts and plans for 204

Required for all court houses 205

Dairies 165

Health resorts; hotels 192

Railway stations 195

Schools 162

Slaughter-houses 192

All other public places not connected with a public sewer 205

Saponin, use of forbidden in any beverage, food or drug intended for

human consumption 288

Scarlet fever — scarlatina — made a reportable disease 135

Period of incubation in 136

Period of isolation for , 137

Rules to be observed for the protection of the community 136, 156

Schools, inspection of; duty of county and city health officers to make.. 20
Exclusion from, of persons affected by, or from homes where com-
municable disease exists, including the unvaccinated and tuber-
culous 147, 162

To be visited by and under supervision of health officer 20

Water supply to be analyzed 20

Kentucky sanitary privies required for schools not connected with

public sewers 162, 205

Parents to be notified of disease or physical defects revealed by in-
spection 20

Schools for county and city health officers 11

Attendance required and expenses provided 11

Septicemia, puerperal, made a reportable disease 135, 137

Sleeping cars, rules and regulations for 193, 195

Disinfection of; spittoons for 193, 195

Blankets, curtains and mattresses to be steamed every ten days.... 195

Sleeping in food establishments forbidden 51

Slaughter-houses, stock yards and abattoirs; rules and regulations

for 182, 188

Smallpox made a reportable disease.. 135

Penalties for importing into state, for going where smallpox is,
for wilfully spreading or for going upon any public highway or
conveyance, or to any place where people are accustomed to as-
semble 78, 75

Regulations relating to 135, 150

Court decisions sustaining authority of health boards to control..213, 256

Soft drinks, milk and cream, rules for 167, 169, 170

Utensils to be cleaned 170

HEALTH LAWS OF KENTUCKY 287

Premises to be kept in sanitary condition -. 170

Use of sacharin or saponin in is forbidden 205

Sore throat, septic or streptoccic, made reportable disease 135, 137

Rules and regulations to be observed for the protection of the com-
munity 135, 156

Spitting in food establishments forbidden 51

Spitting on floors and walls of railway cars, stations, court and school
houses, sidewalks and other public places forbidden 194, 200, 203

Stables, public and private, in incorporated cities and towns must have
manure hauled away each week to prevent breeding of flies, and this

advised for all farms 205

tfl aid for county nurses 112, 115

>tate board of health, appointment and term of office of members 6

Annual appropriation for 10, 12

Bureaus of 3

Duties of under health laws 5, 133

Under medical laws 256, 261

Under its rules and regulations 133, 212

Court decisions under health laws 213, 156

Under medical law 262, 276

Meetings of 8, 258

Secretary, election, duties and salary of 9, 10

Stations for all railway and interurban roads must be provided

with sanitary privies 176, 205

>' registrar of vital statistics, how chosen, term of office 97

Powers and duties 98, 111

Stock yards, slaughter-houses and diseased animals, rules and regula-
tions for 182, 188

Streams, contamination of forbidden 79, 196, 197

Penalties for 80

Teachers in public or private schools to report all cases of communi-
cable diseases 138

Theaters and picture shows 199, 200

Plans for to be submitted to state board of health 200

Toilets; Kentucky sanitary privies required for all dairies 165

Hotels 192

Railway stations •••• 195

Schools * 162

Slaughter-houses 192

Other public places not connected with public sewers 201

Towels, common, forbidden 201

Tracoma made a reportable disease 87, 88, 135

Rules and regulations to be observed, in so far as they may apply,

for the protection of the community 135, 156

29 S HEALTH LAWS OF KENTUCKY

Powers and duties of 60, 71

Annual estimates by 62, 63

Authority to make by-laws 69

To borrow money — - 66

Tuberculosis a reportable disease - 135

Powers and duties of the state board of health 55, 133, 156

Bureau for the prevention of 10, 55

Cooperation with national and other authorities 72, 73

Campaigns of education regarding 55

Local associations, sanitoria, hospitals and dispensaries for 56

To recommend trustees and employes for 55

To visit public and private sanitoria 57

Fiscal courts may establish and maintain sanitoria 55, 61

Procedure when fiscal court fails or refuses to act 59, 61

Election to establish * 57, 59

Clinics and dispensaries 66

Tuberculosis, special duties of health officers, physicians and the public

concerning lj?0, 151

Rules and regulations for the preventing of, in so far as tney may

apply 135, 156

Typhoid and para-typhoid fever to be reported 135

Free vaccines for prevention of when department of health and

all time health offices exist 20

Typhus fever ms>de a reportable disease 135

Rules and regulations to protect the community against, in so far
as they may apply 135, 156

Undertakers, duties of under the vital statistics law 99, 11

Duties of in handling the dead of communicable diseases 155, 156, 199

In transportation of the dead 212, 214

Vaccination, laws relating to 73, 75

Free - 74, 149

Duties of parents and guardians regarding 73, 74

Qi fiscal courts snd city councils 73, 74

Cpvaccinated persons not to be admitted to any school as teacher

or pupil 162; 163

Or given employment to by any employer of labor 162, 163

Only fresh, pure virus to be used ' 74

Court decisions concerning 213, 256

Venereal diseases to be reported 156

Patients to be given full information 156

Laboratory examination in every case ' 156

Protection of public by quarantine or otherwise authorized 157

Unlawful for druggists to treat cases 160

Reports and records of cases secret 161

HEALTH LAWS OF KENTUCKY 299

Unlawful to employ persons afflicted with, in producing or handling

any food products 51

To advertise to treat or cure 86, 91

Rules and regulations lor 156, 161

Vesscis and crafts of all kinds on waters in or bordering on Kentucky,
through person in charge to report every case of communicable
disease, and obey regulations for same 7, 8, 140

Vfcitlng county nurse lnv 112, 115

Viral statistics, bureau of 3, 10

Law provided for registration of 96, 102

Vinegar, penalty tor selling If not properly labeled, branded or marked,

an i true to such labeling 80

ter supplies, public, rules and regulations for 196. 197

Plans, sites and BO mast be approved by the state board of

health 156, 157

Whooping cough made a reportable disease 135

Period o! Incubation 136

Minimum period of isolation 137

Rulei to be observed to protect health and lives of Other children

and people 135, 256

UNIVERSITY OF CALIFORNIA LIBRARY
BERKELEY

Return to desk from which borrowed.
This book is DUE on the last date stamped below.

FEB 25 1964
APR 21964

LD 21-100m-7,,52(A2528sl6)476

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