65-101. (a) The secretary of health and environment shall exercise general supervision of the health of the people of the state and may:
(1) Where authorized by any other statute, require reports from appropriate persons relating to the health of the people of the state so a determination of the causes of sickness and death among the people of the state may be made through the use of these reports and other records;
(2) investigate the causes of disease, including especially, epidemics and endemics, the causes of mortality and effects of locality, employments, conditions, food, water supply, habits and other circumstances affecting the health of the people of this state and the causes of sickness and death;
(3) advise other offices and agencies of government concerning location, drainage, water supply, disposal of excreta and heating and ventilation of public buildings;
(4) make sanitary inspection and survey of such places and localities as the secretary deems advisable;
(5) take action to prevent the introduction of infectious or contagious disease into this state and to prevent the spread of infectious or contagious disease within this state;
(6) provide public health outreach services to the people of the state including educational and other activities designed to increase the individual's awareness and appropriate use of public and other preventive health services.
(b) The secretary of health and environment may adopt rules and regulations necessary to carry out the provisions of subsection (a). In addition to other remedies provided by law, the secretary is authorized to apply to the district court, and such court shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction to compel compliance with such rules and regulations.
(c) In the event of a state of disaster emergency declared by the governor pursuant to K.S.A. 48-924, and amendments thereto, or a state of local disaster emergency declared pursuant to K.S.A. 48-932, and amendments thereto, the legislature may revoke an order issued by the secretary to take action related to such disaster emergency as provided in this subsection. Such order may be revoked at any time by concurrent resolution of the legislature or, when the legislature is not in session or is adjourned during session for three or more days, such order may be revoked by the legislative coordinating council with the affirmative vote of five members thereof.
History: L. 1885, ch. 129, § 4; L. 1907, ch. 379, § 1; R.S. 1923, 65-101; L. 1974, ch. 352, § 1; L. 1981, ch. 240, § 1; L. 1989, ch. 184, § 1; L. 2021, ch. 7, § 11; March 25.
Law Review and Bar Journal References:
"Anthrax, Small Pox and Flu, Oh My! the Law of Infectious Disease Control in Kansas," Robert W. Parnacott, 78 J.K.B.A. No. 9, 24 (2009).
Attorney General's Opinions:
Cited in reference to KDHE administration of National Pollutant Discharge Elimination System. 87-130.
Physician-patient privileged communication; inmates; physician justified in notifying officials when necessary to protect health of other inmates. 87-139.
Secretary of health and environment, activities; water supply and sewage; implementation of clean water act; N.P.D.E.S. program. 87-154.
Groundwater exploration and protection; abandoned holes; plugging; failure to properly seal. 92-73.
Authority of health and environment to prohibit keeping certain mammals as pets; removal of musk glands of skunks. 96-51.
CASE ANNOTATIONS
1. Health authorities may invoke remedy of injunction to prevent anticipated health menace. Dougan v. Shawnee County Comm'rs, 141 Kan. 554, 560, 43 P.2d 223.
2. State board of health's authority over sale and handling of milk limited. State v. Reynolds, 152 Kan. 762, 766, 107 P.2d 728.
3. Secretary of KDHE has authority to incorporate air pollution conditions within water pollution permit. Pork Motel, Corp. v. Kansas Dept. of Health & Environment, 234 Kan. 374, 380, 673 P.2d 1126 (1983).
LEGISLATIVE COORDINATING COUNCIL
10/23/2024
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Chapter 72 Statute Transfer List
Kansas School Equity & Enhancement Act Gannon v. State A Summary of Special Sessions in Kansas Bill Brief for Senate Bill No. 1 Bill Brief for House Bill No. 2001 2024 Amended & Repealed Statutes 2023 Amended & Repealed Statutes 2022 Amended & Repealed Statutes 2021 Amended & Repealed Statutes USEFUL LINKS
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