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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. It shall bo the duty of the board of trustees or council of every incorporated city or town of less than ten thousand and more than two thousand five hundred inhabitants to appoint a board of health for such city or town, to consist of three persons, not members of such board of trustees or council, who shall hold their office for a term of three years, and until their successors have been appointed. Such boards of hea.lth shall organize within ten days after their appointment, and shall elect a competent physician, who shall be the health officer of such city or town, and the executive officer of and ex-officio a member of such board of health. Such local boards shall have the same powers within their respective cities and towns as local boards for counties are invested with by this chapter.
Sec. 2060. Compensation of Health Officer—Removal—Address to be Sent State Board.—Physicians appointed as health officers for cities, towns and counties shall receive reasonable compensation for their services, to be allowed by the councils, trustees or county courts of the cities, towns or counties, and to be paid as other city, town or 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 each local authority to transmit to the office of the State Board the name and postoffice address of each officer appointed by it . Any physician or head of a family who shall fail or refuse to report to the local board of health cases of cholera, smallpox, yellow fever, scarlet fever, diphtheria and other epidemic diseases, as provided for in section two thousand and fifty-five of the act mentioned in the title of this act, shall be fined not less than five dollars for each day he neglects or refuses to report.
. Sec. 2061 Existing Boards and Heal Officers Continued.—All existing local boards and health officers shall remain in office until removed as herein provided, or until their respective terms expire, and their successors shall be appointed as herein provided.
Sec. 2062. 1. Appropriation to Prevent Yellow Fever and Cholera— Expenditures to be Reported.—That the sum of ten thousand dollars be, and the same is hereby appropriated, which shall constitute a "contingent fund," any part of which may, from time to time, be used for preventing the introduction of cholera or yellow fever into this State, or for the suppression thereof if introduced. No part of the ten thousand dollars shall be used for any other purpose than that expressed in this , section, nor shall any part thereof be used except at such time or times as in the judgment of the Governor of this Commonwealth necessity therefor exists; but whenever, in the judgment of the Governor,
it shall be necessary to take action to prevent the introduction or spread of either of said diseases, he is authorized and directed, from time to time, to draw his written order for so much of the ten thousand dollars as may be necessary in favor of the State Board of Health, and on receipt of such order the auditor shall draw his warrant on the treasurer for the amount of such orders of the Governor, and said sums so received by the State Board of Health, or so much thereof as may be necessary, shall be expended by said Board in the work of protecting the people of this State against the introduction or spread of these diseases.
2. The State Board of Health shall keep a full and separate account of all moneys expended out of said ten thousand dollars' appropriation, -and shall report an itemized statement thereof to the General Assembly.
Section 4607. Penalty for Importing Into State.—If any person shall wilfully or designedly import or bring the smallpox or any variolous or infected matter of the said disease into this Commonwealth from any other country or place whatsoever, or shall cause the same to be done, he shall forfeit and pay the sum of one thousand dollars.
Sec. 4608. Adults to be Vaccinated.—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 vaccination or re-vaccination, as the case may be.
Sec. 4609. Minors and Infants—Vaccination.—All parents, guardians and other persons 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 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.
Sec. 4610. Persons Coming from Other States to be Vaccinated.— All persons coming into this State to 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 vaccination .of themselves and said children within six months after coming into .the State.
Sec. 4611. City Councils May Require Persons to be Vaccinated.— The city council of every city, and the board of trustees of every town in the State, are invested 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 provide the necessary means to pay for the vaccination of all paupers and destitute persons in same.
Sec. 4612. Inmates of Charitable Institutions and Penitentiary to be Vaccinated.—The superintendents of the charitable institutions of the State shall have all the inmates of said institutions vaccinated. The keeper of the penitentiary shall have all the convicts in same vaccinated.
Sec. 4613. Pure Vaccine Matter to be Used.—All vaccination performed under this article shall be with pure vaccine matter.
Sec. 4614. County Court May Appoint Physician to Vaccinate— Fees.—That it shall be the duty of the county judge of the county court of each county, whenever, in his opinion, the necessity for such action exists, to call his court together, and said court shall have power to give to some practicing physician or physicians of the county written authrity to vaccinate all persons in the county who are unable to procure vaccination. The physician 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 successful vaccination; and the judge shall report the same to the court of claims for his county, and the court shall order the charges to be paid out of the county levy.
Sec. 4615. Patients Having Smallpox—Care to be Taken of.— Every person superintending a hospital or other place where a patient having smallpox is confined, shall prohibit all intercourse therewith of persons 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 the disease, under the penalty of ten dollars.
Sec. 4616. Persons Going Where Smallpox is May be Confined.—If any person who has never had smallpox shall go into a house where the disease is, or associate with a person who is afflicted therewith, any justice of the peace, on due proof of the fact, may cause such person to be conveyed to some house or place in the county where the disease will not spread, there to remain until he shall have gone through the disease, or until a physician shall certify that he will not take same. If such person be not able to pay the expense of his nursing, the county shall pay the same.
Sec. 4617. Penalty for Wilfully Spreading.—If any person shall wilfully endeavor to spread or propagate the smallpox he shall be subject to be indicted and fined the sum of five hundred dollars, or to be imprisoned for six months.
Sec. 4618. Penalty for Person Having Smallpox Going in Public Places.—Any person who, having reason at the time to believe himself afflicted with the disease of smallpox, shall voluntarily go upon any public highway or street, or to any place at which people are accustomed to collect or assemble, or who shall enter or go on board any steamboat, railroad car or other public conveyance, and all persons who shall knowingly aid or assist any one thus to offend, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than one hundred nor more than one thousand dollars.
RULES AND REGULATIONS
(It is recommended that they also be adopted by each city and? county board of health in the State.)
Rule 1. Each local board of health shall elect a competent physician as its secretary, and he shall, by such election, become the health officer of the territory under its jurisdiction. The name and postoffice address of such officer shall be at once sent by him to the State Board of Health. Such officer shall enforce the rules and regulations of the State Board of Health and his own board; he shall keep a correct report of its proceeding, and of his official acts; 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 recommend to their respective fiscal courts and councils the value of the services of the health officer, to be paid under section 2060, Kentucky Statutes.
Rule 2. The health officer shall make a sanitary survey of the territory under his jurisdiction, for the purpose of ascertaining the existence of conditions detrimental to the public health, including in such survey, swamp lands, stagnant ponds, imperfect drainage, sewerage, cess pools and water closets; the construction, ventilation 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 abatement of such nuisance or condition. Between the 1st day of May and the 1st day of November, no hogs shall be kept within one-half mile of the corporate limits of any city or town in this State. The local board shall order the removal of such animals at any time when they appear to be prejudicial to the public health, safety, or comfort. No privy vault, or cesspool shall open into any stream, ditch or drain except common sewers. No human excrement removed from privy vaults within 8 city or town shall be deposited on the ground within one mile of the corporate limits of any city or town, and only then upon a written permit from health officer of the county in whose jurisdiction the territory lies.
Rule 3. Upon proper notification, city and county boards of health shall exercise especial supervision over the location, drainage, water supply, heating, ventilation, plumbing and disposal of excreta of the schools, schoolhouses and all public buildings within their jurisdiction, rand where any hygienic faults exist it shall be the duty of said board of health, upon notification of proper authorities, to immediately examine the same and advise such changes as will result in a correction of any existing defects.
DISEASES DANGEROUS TO PUBLIC HEALTH.
Rule 4. Whenever any parent, guardian or other person having -charge of the sick in his or her family, or having charge of any one residing temporarily therein, shall know or suspect that such person or persons are affected with smallpox, diphtheria, membraneous croup, scarlet fever, measles or other communicable diseases dangerous to the public health, the person having supervision of the sick shall immediately give notice to the health officer within whose jurisdiction he or she may reside.
Rule 5. When any physician shall know or suspect that any person -whom he is called upon to visit has diphtheria, membraneous croup, scarlet fever, measles, or any other communicable diseases dangerous to the public health, such physician shall immediately give notice (together with the locality and description of the case) to the board of health within whose jurisdiction he may reside.
Rule 6. No parent, guardian or other person having control of any child or children shall allow or permit any such child or children to go from any house or building infected with diphtheria, membraneous -croup, scarlet fever, measles, or other communicable disease dangerous to the public health, to attend any church, Sunday School or public gathering, or to travel in any street car or public vehicle, vessel or steamer, or to travel or to appear on any highway or street without first procuring a permit from the board of health or its proper officer.
Rule 7. It shall be unlawful for any person to enter or leave any house or building infected with smallpox, diphtheria, membraneous -croup, scarlet fever, or any communicable disease dangerous to the public health, to attend any church, public meeting or place of amusement, or to travel on any street car or public vehicle, vessel or steamer, -or to travel or appear on any public street or highway, without first making a complete change of clothing and procuring a permit from the board of health exercising jurisdiction.
Rule 8. No person who is, or has been recently, affected with diph