K.S.A. Chapter 65 Public Health
Article 2 - Local Boards of Health; Clinics
Select Statutes Related to Isolation or Quarantine
Current Through 2021 Legislature Last Amended 2021
65-201 County, city-county and multicounty units; local health officers; appointment, tenure, removal; laws applicable.
65-202 Same; oath and bond of local health officers; duties and compensation; employment of additional personnel; removal from office; criminal penalties.
65-201 County, city-county and multicounty units; local health officers; appointment, tenure, removal; laws applicable.
(a) The board of county commissioners of county shall act as the county board of health for the county. Each county board shall appoint a person licensed to practice medicine and surgery, preference being given to persons who have training in public health, who shall serve as the local health officer and who shall act in an advisory capacity to the county board of health. The appointing authority of city-county, county or multicounty health units with less than 100,000 population may appoint a qualified local health program administrator as the local health officer if a person licensed to practice medicine and surgery or person licensed to practice dentistry is designated as a consultant to direct the administrator on program and related medical and professional matters. The local health officer or local health program administrator shall hold office at the pleasure of the board.
(b) (1) Except as provided in paragraph (2), any order issued by the local health officer, including orders issued as a result of an executive order of the governor, may be reviewed, amended or revoked by the board of county commissioners of the county affected by such order at a meeting of the board. Any order reviewed or amended by the board shall include an expiration date set by the board and may be amended or revoked at an earlier date by a majority vote of the board.
(2) If a local health officer determines it is necessary to issue an order mandating the wearing of face masks, limiting the size of gatherings of individuals, curtailing the operation of business, controlling the movement of the population of the county or limiting religious gatherings, the local health officer shall propose such an order to the board of county commissioners. At the next regularly scheduled meeting of the board or at a special meeting of the board, the board shall review such proposed order and may take any action related to the proposed order the board determines is necessary. The order shall become effective if approved by the board or, if the board is unable to meet, if approved by the chairperson of the board or the vice chairperson of the board in the chairperson's absence or disability.
(c) The board of county commissioners in any county having a population of less than 15,000 may contract with the governing body of any hospital located in such county for the purpose of authorizing such governing body of the hospital to supply services to a county board of health.
(d) (1) Any party aggrieved by an order issued pursuant tosubsection (b)(2) may file a civil action in the district court of the county in which the order was issued within 30 days after such order isissued. Notwithstanding any order issued pursuant to K.S.A. 2020Supp. 20-172(a), and amendments thereto, the court shall conduct ahearing within 72 hours after receipt of a petition in any such action.The court shall grant the request for relief unless the court finds suchorder is narrowly tailored to the purpose stated in the order and usesthe least restrictive means to achieve such purpose. The court shallissue an order on such petition within seven days after the hearing isconducted. If the court does not issue an order on such petition withinseven days, the relief requested in the petition shall be granted.
(2) Relief under this section shall not include a stay or injunctionconcerning the contested action that applies beyond the county inwhich the action was taken.
(3) The supreme court may adopt emergency rules of proceduretofacilitate the efficient adjudication of any hearing requested under thissubsection, including, but not limited to, rules for consolidation ofsimilar hearings.
History: L. 1885, ch. 129, § 7; R.S. 1923, 65-201; L. 1973, ch. 246, § 1; L. 1976, ch. 264, § 1; L. 2020, ch. 1 § 37 (Special Session); June 9; L. 2021, ch. 7 § 12; March 25.
65-202. Same; oath and bond of local health officers; duties and compensation; employment of additional personnel; removal from office; criminal penalties.
(a) The local health officer in each county throughout the state, immediately after such officer’s appointment, shall take the same oath of office prescribed by law for the county officers, shall give bond of $500 conditioned for the faithful performance of the officer’s duties, shall keep an accurate record of all the transactions of such office, shall turn over to the successor in office or to the county or joint board of health selecting such officer, on the expiration of such officer’s term of office, all records, documents and other articles belonging to the office and shall faithfully account to board of county commissioners and to the county and state for all moneys coming into the office. Such officer shall notify the secretary of health and environment of such officer’s appointment and qualification, and provide the secretary with such officer’s contact information.
Such officer shall receive and distribute without delay in the county all forms from the secretary of health and environment to the rightful persons, all returns from persons licensed to practice medicine and surgery, assessors and local boards to said secretary, shall keep an accurate record of all of the transactions of such office and shall turn over all records and documents kept by such officer the successor in office, or to the county or joint board electing such officer, on the expiration of the term of office.
The local health officer shall upon the opening of the fall term of school, make a sanitary inspection of each school building and grounds, and shall make such additional inspections as are necessary to protect the public health of the students of the school.
(c) (1) Such officer shall make an investigation of each case of smallpox, diphtheria, typhoid fever, scarlet fever, acute anterior poliomyelitis (infantile paralysis), epidemic cerebro-spinal meningitis and such other acute infectious, contagious or communicable diseases as may be required, and shall use all known measures to prevent the spread of any such infectious, contagious or communicable disease, and shall perform such other duties as this act, the county or joint board, board of health or the secretary of health and environment may require.
(2) Any order issued by the county health officer, including orders issued as a result of an executive order of the governor, on behalf of a county regarding the remediation of any infectious disease may be reviewed, amended or revoked by the board of county commissioners of any county affected by such order in the manner provided by K.S.A. 65-201(b), and amendments thereto
Such officer shall receive compensation as set by the board and with the approval of the board of health may employ a skilled professional nurse and other additional personnel whenever deemed necessary for the protection of the public health.
Any failure or neglect of the local health officer to perform any of the duties prescribed in this act, the officer may be removed from office by the county board of health. In addition to removal from office, for any failure or neglect to perform any of the duties prescribed by this act, the local health officer shall be deemed guilty of a misdemeanor and, upon conviction, be fined not less than $10 nor more than $100 for each and every offense.
History: L. 1885, ch. 129, § 8; L. 1909, ch. 102, § 1; R.S. 1923, 65-202; L. 1925, ch. 202, § 1; L. 1927, ch. 240, § 1; L. 1973, ch. 246, § 2; L. 1975, ch. 462, § 70; L. 1980, ch. 182, § 26; L. 2020, ch. 1 § 38 (Special Session); June 9.