GIFT or 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 da t ys, 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 ?,f t yf 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. 10 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 11 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 te M 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. 12 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. for V popu- 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 IS 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 19 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. 20 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* " 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 qua 1 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 23 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 pr e v e ni 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< ; 21 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 V 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. ?s u tlbu n shed Sec. 2056. In the counties bordering on the Ohio board*?. 1 an d Mississippi rivers, and on the State lines separating state Ce board Kentucky from the States of West Virginia and Tenn- Penaity Y ' ' 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 27 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 tin 1 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 ' 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 i n 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. 28 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 30 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 32 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 34 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 35 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*. 36 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 £ s eft t o 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^^JJJ 1 ® 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 fion S s Utu " of drag shall be deemed to be adulterated: Pint. If. when a drug is sold under or by the name recognized i n 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.) p r 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 41 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 antatioii 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*!, 46 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 47 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. 48 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 49 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 >: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. 50 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 51 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. on 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. 52 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. 54 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 55 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. 56 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 the3 r 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 57 (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. 58 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. H e°d W 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 •inL r 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?fa for ( 8 -) For tft e 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 <:. 64 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 Th e fiscal court or courts of the county or coun- make S appor- 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 66 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 73 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. KtCTtS 1 ?! 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 71 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* 76 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," "brew r er'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*. 78 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 ™* e t l ~ 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 * so 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 81 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. 82 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 88 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. 84 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 85 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 tin 1 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. 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 : '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'in 11 " 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? 90 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 91 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 ff 8 ^} * 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 94 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 95 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. 96 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 renew r ed 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 w T ho 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 97 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 9S 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' 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 pt. By whom kept. 106 HEALTH LAWS OP KENTUCKY Blanks furnished by board. Duties of S f p'* 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 >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 KSSf 1 ** 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 w T ho 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. of 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 tin 1 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 cer 4 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 £°bu un " 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 e the Se ivew- ^ 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^sus 1 - Rule ^' Teachers, or other persons employed in, in eC schoofs Ses or i n charge of, public or private schools, shall report ?irSfs S hed 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 f 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. Reporting 1 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"itn rf Ta- 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 u r a' 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- cerning 1 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 saiard 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. by a common 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 ;mr 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 ? a w d miuc 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 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 {£ b s e 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 on 2 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 [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. 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. in 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-'''-. : -'.'. : ::«>.•••■■.•*; •.■•.'•• rf ;.^-7rrtrvT ^^ 4 -Z-o*- 2^oL j=? y | h if:;." Pi r. ■i, * 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 " unofficial 7 ' 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 tin 4 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 rv Jn ^ 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 Eh CO M < > 2 c v fa >;2 ° £> 3 5 -t-> 42 ^ £ c > E 3 0) 0) O *3 o> c tfl 5 G a £ a w ^ ^ 02 'a g 5§ a e -3 *2 a> Ih 0> a C3 e O a IT Oifl I a c3 •C ;- •a B« s r C I -0 •H o o l E£ a 7. 05 ^ ££ e E a g*" 1 ci PS «o + 2 "3 is c ► JDK c C c, 'Z d fcjQS;. i- S5 G c ^ c R 01 B a — 1-1 T c3 G o> c3 * j_. 0) ra ^G 2t ■H to a'O +J -r-l O G t, rt Sh o „c3 Gt3 J P-ti W +j ft 0: "S 01 c £ o) ^ o> a {-• -G -G G « ft j3"- < 4-» r; 0> Oi O t+ OJ-G ° e G G rt ° o o> S -3G^ ^v-^ o -3 G GJ O be 9 *• •??ft M 0)G o K"2 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 L r aVt . 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 ire 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 | Tin 1 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 tin 1 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 t 1 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 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 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 state c 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 • | 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 w T hich 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
  • 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. .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 pow T ers 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!• 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 w T ords, " 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, " 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 lae 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 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 I T . 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 IttMl of tuberculosis saniforia. how selected ©0, 61 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