K.S.A. § 65-101 — KS Code / Chapter 65 / Article 1 / Section 65-101
65-101 - Health supervision; investigation of causes of disease, sickness and death; sanitation inspections; prevention of spread of disease; outreach services; rules and regulations; injunction; revocation by legislature or legislative coordinating council of certain orders; civil action for relief from certain orders.
Status: in_force

65-101. Health supervision; investigation of causes of disease, sickness and death; sanitation inspections; prevention of spread of disease; outreach services; rules and regulations; injunction; revocation by legislature or legislative coordinating council of certain orders; civil action for relief from certain orders. (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 that 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 the spread of infectious or contagious disease within this state. If such action is intended to exclude, isolate, quarantine or otherwise restrict movement of people within the state, then such action shall not be taken without probable cause, supported by oath or affirmation; and

(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.

(d) Any party aggrieved by an action taken pursuant to K.S.A. 65-101 through 65-129f, and amendments thereto, may file a civil action in the district court of the county where the order was issued within 30 days after such order is issued. A request for a hearing shall not stay or enjoin an isolation or quarantine order. The court shall conduct a hearing within 72 hours after receipt of a petition in any such action. The court shall grant the request for relief unless the court finds that such order is narrowly tailored to the purpose stated in the order and uses the least restrictive means to achieve such purpose.