FrankGoortani/open-us-law huggingface dataset:
KRS § 334A.120 — KY Code / Title XXVI / Chapter 334A / Section 334A.120
334A.120 Revolving fund for board
Status: in_force

334A.120 Revolving fund for board.

All moneys received by the board under this chapter shall be paid to the secretary of the

board. All money shall be deposited in the State Treasury into a separate trust fund for the

board. The board shall be financed solely and individually from income accruing to it

from fees, licenses, and other charges collected by the board and all such moneys are

hereby appropriated to the board. All salaries and expenses shall be paid as budgeted after

budgets have been approved by the State Budget Commission or within the limitations of

any appropriation for that purpose which may be included in the executive branch budget

bill.
KRS § 76.330 — KY Code / Title IX / Chapter 76 / Section 76.330
76.330 Commission to make survey and report to county judge/executive of economic feasibility of construction -- Certification by metropolitan district
Status: in_force

76.330 Commission to make survey and report to county judge/executive of

economic feasibility of construction -- Certification by metropolitan district.

The commission shall, before entering upon any construction work or any contracts

therefor, make a survey of the territory within the district, and report to the county

judge/executive as to plans for sewer and/or drainage construction and as to the estimated

cost thereof, with recommendations as to whether or not such construction is

economically feasible. With such report shall be submitted a report and certification from

the metropolitan sewer district as to whether or not the project is feasible from a technical

and economic standpoint.
KRS § 205.632 — KY Code / Title XVII / Chapter 205 / Section 205.632
205.632 Pilot project to create coverage provisions and reimbursement criteria for telemonitoring services based on evidence-based best practices provided by a qualified medical provider or community action agency
Status: in_force

205.632 Pilot project to create coverage provisions and reimbursement criteria for

telemonitoring services based on evidence-based best practices provided by a

qualified medical provider or community action agency.

(1) As used in this section:

(a) "Department" means the Department for Medicaid Services;

(b) "Evidence-based best practices" means the integration of the best available

research with clinical expertise in the context of patient characteristics and

patient and family caregiver preferences;

(c) "Qualified medical provider" means a credentialed and enrolled Medicaid-

participating healthcare provider, hospital, rural health center, or licensed

home health agency as defined in KRS 216.935; and

(d) "Telemonitoring services" means services that require scheduled remote

monitoring of data related to a patient's health where the monitoring is

conducted at the patient's place of residence or other site determined by the

department.

(2) Not later than July 1, 2017, the department shall establish a pilot project in which it

creates coverage provisions and reimbursement criteria for telemonitoring services

based on evidence-based best practices provided by a qualified medical provider or

a community action agency as defined in KRS 273.410.

(3) In order to effectuate the pilot project, the department may:

(a) Submit a state plan amendment, waiver, or waiver amendment for approval to

the Centers for Medicare and Medicaid Services in order to provide coverage

for medically necessary telemonitoring services performed for a Medicaid

beneficiary;

(b) Request funding from the General Assembly to support telemonitoring

services rendered by a qualified medical provider or a community action

agency under this section;

(c) Ensure that clinical information gathered by a qualified medical provider or a

community action agency while providing telemonitoring services is shared

with the patient's treating health care professionals; and

(d) Promulgate administrative regulations in accordance with KRS Chapter 13A

for the implementation and administration of this section.
KRS § 216B.153 — KY Code / Title XVIII / Chapter 216B / Section 216B.153
216B.153 Surgical smoke evacuation system requirement
Status: in_force

216B.153 Surgical smoke evacuation system requirement.

(1) As used in this section:

(a) "Energy-generating device" means any tool that performs a surgical function

using heat, laser, electricity, or another form of energy;

(b) "Smoke evacuation system" means smoke evacuators, laser plume evacuators,

or local exhaust ventilators that effectively capture and neutralize surgical

smoke at the site of origin and before the smoke can make ocular contact or

contact with the respiratory tract of the occupants of the room; and

(c) "Surgical smoke" means the by-product, including surgical plume, smoke

plume, bio-aerosols, laser-generated airborne contaminants, and other lung-

damaging dust, that results from contact with tissue by an energy-generating

device.

(2) On or before January 1, 2022, in order to protect operating room nurses, operating

room personnel, and patients from the hazards of surgical smoke, the cabinet shall

promulgate administrative regulations in accordance with KRS Chapter 13A

requiring a health facility licensed under this chapter that utilizes energy-generating

devices to make use of a smoke evacuation system during any surgical procedure

that is likely to produce surgical smoke.
KRS § 281.800 — KY Code / Title XXIV / Chapter 281 / Section 281.800
281.800 Public attorneys to represent Department of Vehicle Regulation
Status: in_force

281.800 Public attorneys to represent Department of Vehicle Regulation.

Upon the request of the Department of Vehicle Regulation, the Attorney General or any

Commonwealth's attorney or county attorney shall represent the department within his

jurisdiction and without additional compensation, in any action or proceeding in which

the department is a party, arising under the provisions of this chapter relating to motor

carriers.
KRS § 224A.140 — KY Code / Title XVIII / Chapter 224A / Section 224A.140
224A.140 Refunding bonds
Status: in_force

224A.140 Refunding bonds.

(1) The authority is hereby authorized to provide for the issuance of refunding revenue

bonds or notes for the purpose of refunding any revenue bonds or notes then

outstanding which shall have been issued under the provisions of this chapter,

including the payment of any redemption premium thereon and any interest accrued

or to accrue to the date of redemption of such revenue bonds or notes. The issuance

and sale of such refunding revenue bonds or notes, the maturities and other details

thereof, the rights of the holders thereof, and the rights, duties, and obligations of

the authority in respect of the same, shall be governed by the provisions of this

chapter which relate to the issuance of revenue bonds or notes, insofar as such

provisions may be applicable.

(2) Refunding revenue bonds or notes may be sold or exchanged directly for

outstanding revenue bonds or notes of the authority, and if sold, the proceeds

thereof shall be applied, in addition to any other authorized purposes, to the

purchase, redemption, or payment of such outstanding revenue bonds or notes.

Pending the application of the proceeds of any such refunding revenue bonds, with

any other available funds, to the payment of the principal, accrued interest, and any

redemption premium on the revenue bonds or notes being refunded (and if so

provided or permitted in the authority resolution authorizing the issuance of such

refunding revenue bonds or notes, or in the trust indenture securing the same, to the

payment of any interest on such refunding revenue bonds or notes and any expenses

in connection with such refunding), such proceeds may be invested in direct

obligations of, or obligations the principal of and interest on which are

unconditionally guaranteed by the United States of America which shall mature or

which shall be subject to redemption by the holders thereof at the option of such

holders not later than the respective dates when the proceeds, together with the

interest accruing thereon, will be required for the purposes intended.
KRS § 78.310 — KY Code / Title IX / Chapter 78 / Section 78.310
78.310 Omitted, 1948
Status: in_force

78.310 Omitted, 1948.

Catchline at time of omission: Apportionment of benefits when fund insufficient.
KRS § 315.454 — KY Code / Title XXVI / Chapter 315 / Section 315.454
315.454 Requirements for accepting and dispensing legend drug or administration supplies
Status: in_force

315.454 Requirements for accepting and dispensing legend drug or

administration supplies.

(1) A legend drug or supplies used to administer a legend drug may be accepted

and dispensed under the program established in KRS 315.452 only if the

following requirements are met:

(a) The legend drug or supplies needed to administer the legend drug is in its

original, unopened, sealed, and tamper-evident unit dose packaging or, if

packaged in single-unit doses, the single-unit dose packaging is

unopened;

(b) The legend drug is not classified as a controlled substance;

(c) The legend drug or supplies needed to administer a legend drug is not

adulterated or misbranded, as determined by a pharmacist employed by,

or under contract with, the health facility or pharmacy, who shall inspect

the drug or supplies needed to administer a legend drug before the drug

or supplies are dispensed; and

(d) The legend drug or supplies needed to administer a legend drug are

prescribed by a physician, advanced practice registered nurse, or

physician assistant and dispensed by a pharmacist.

(2) No legend drug or supplies needed to administer a legend drug that are

donated for use under this section may be resold.
KRS § 323.990 — KY Code / Title XXVI / Chapter 323 / Section 323.990
323.990 Penalties
Status: in_force

323.990 Penalties.

(1) Whoever violates KRS 323.020 or 323.230 is guilty of a Class A misdemeanor.

(2) Whoever violates KRS 323.050(2)(b) or 323.120(1) by falsifying an application for

certification or renewal as an architect is guilty of a Class A misdemeanor, and the

architect's license shall be revoked for two (2) years.

(3) In addition to the sanctions provided in this chapter, the board may direct any

licensee found guilty of violating any provision of this chapter to pay to the board a

sum not to exceed the actual and reasonable costs of investigation and prosecution

of the case, which shall be paid to the board's trust and agency account.
KRS § 362.485 — KY Code / Title XXIX / Chapter 362 / Section 362.485
362.485 Power of estate of deceased or incompetent partner
Status: in_force

362.485 Power of estate of deceased or incompetent partner.

If a partner who is an individual dies, or a court of competent jurisdiction adjudges a

partner who is an individual to be incompetent to manage his person or his property, the

partner's executor, administrator, guardian, conservator, or other legal representative may

exercise all the partner's rights for the purpose of settling his estate or administering his

property, including any power the partner had to give an assignee the right to become a

limited partner. If a partner is a corporation, partnership, trust, or other entity and is

dissolved or terminated, the powers of that partner may be exercised by its legal

representative or successor.
KRS § 95.883 — KY Code / Title IX / Chapter 95 / Section 95.883
95.883 Appeal to Circuit Court
Status: in_force

95.883 Appeal to Circuit Court.

(1) The order or determination of the board upon the rehearing shall be conclusive and

binding, but any interested party may, within twenty (20) days after the rendition of

the order of the board, by petition appeal to the Circuit Court of the county in which

the city is located for a review of the order of the board.

(2) The petition shall state fully the grounds upon which a review is sought, assign all

errors relied on and be verified by the petitioner who shall furnish a copy to the

board at the time of the filing of the same. Summons shall be issued directing the

board to answer within twenty (20) days and directing the board to send the original

record to the circuit clerk certifying that such record is the entire original record of

the rehearing which shall be filed by the clerk of the Circuit Court and such record

shall then become and be considered by the Circuit Court on the review. The appeal

provided for herein shall not be considered effective unless the person making the

appeal has paid to the board one-half (1/2) of the cost of the transcript of the record

of the rehearing within the period provided for making the appeal.

(3) No new nor additional evidence may be introduced in the Circuit Court except as to

fraud or misconduct of some person engaged in the administration of KRS 95.851

to 95.884 and KRS 95.991, and affecting the order, decision, or determination

appealed from, but the court shall otherwise hear the cause upon the record as

certified by the board and shall dispose of the cause in summary manner, its review

being limited to determining whether or not:

(a) The board acted without or in excess of its powers;

(b) The order, decision, or determination was procured by fraud;

(c) The order, decision, or determination of the board is not in conformity with

the provisions of KRS 95.851 to 95.884 and KRS 95.991;

(d) If findings of fact are in issue the party seeking to set aside any order,

decision, or determination of the board shall have the burden of proof to show

by clear and satisfactory evidence that the order, decision, or determination is

unreasonable or unlawful. If upon appeal as herein provided the order,

decision, or determination of the board is reversed the party perfecting the

appeal shall be refunded by the board his portion of the costs paid for the

transcript of the record made on the rehearing.

(4) The board and each interested party may appear before the Circuit Court. The court

shall enter judgment affirming, modifying, or setting aside the order, decision, or

determination appealed from, or in its discretion remand the cause to the board for

further proceedings in conformity with the direction of the court. The court may,

before judgment and upon a sufficient showing of fact, remand the cause to the

board.
KRS § 70.079 — KY Code / Title IX / Chapter 70 / Section 70.079
70.079 Process not to be returned "prevented by force."
Status: in_force

70.079 Process not to be returned "prevented by force."

It shall not be a sufficient return of any process, that the officer was prevented by force

from executing it.
KRS § 235.9995 — KY Code / Title XIX / Chapter 235 / Section 235.9995
235.9995 Prepayment of fines subject to certain conditions
Status: in_force

235.9995 Prepayment of fines subject to certain conditions.

(1) All offenses classified as violations under this chapter shall be prepayable except

for:

(a) Violations of KRS 235.240 and 235.285;

(b) An offense where evidence of the commission of the offense or another

offense was seized and the citation is so marked and a court date set;

(c) The offense is cited with another offense that is not prepayable and the

citation is so marked and a court date set; or

(d) An arrest is made under KRS 431.015.

(2) In the event that a prepayable offense is cited with another offense that is not

prepayable, a court appearance shall be required on all of the offenses as required by

KRS 431.452.
KRS § 315.315 — KY Code / Title XXVI / Chapter 315 / Section 315.315
315.315 Presumption regarding prescription or medical order
Status: in_force

315.315 Presumption regarding prescription or medical order.

Any prescription or medical order for a drug that is known to possibly cause an

abortion shall be presumed by a pharmacy to be for indications other than for the

termination of a pregnancy. A pharmacy dispensing such prescription or medical

order shall not be required to verify that the prescription or medical order does not

violate any provision of this chapter or KRS Chapter 216B.
KRS § 217.620 — KY Code / Title XVIII / Chapter 217 / Section 217.620
217.620 Seizure of pesticide
Status: in_force

217.620 Seizure of pesticide.

Any lot of pesticide not in compliance with the provisions of KRS 217.542 to 217.630

shall be subject to seizure on complaint of the department to a court of competent

jurisdiction in the county in which said pesticide is located. In the event the court finds

the said pesticide to be in violation of KRS 217.542 to 217.630 and orders the

condemnation of said pesticide it shall be disposed of in any manner consistent with the

quality of the pesticide and the laws of the state; provided, that in no instance shall the

disposition of said pesticide be ordered by the court without first giving the claimant an

opportunity to apply to the court for release of said pesticide for permission to reprocess

or relabel said product to bring it into compliance with KRS 217.542 to 217.630.
KRS § 267.270 — KY Code / Title XXII / Chapter 267 / Section 267.270
267.270 Method of construction when improvement crosses railroad property -- Cost
Status: in_force

267.270 Method of construction when improvement crosses railroad property --

Cost.

(1) After the contract is let and the actual construction is commenced, if the work is

being done with a floating dredge, the superintendent in charge of construction shall

notify any railroad company of the probable time at which the contractor will be

ready to enter upon its right-of-way and construct the work thereon. The railroad

shall send a representative to view the ground with the superintendent of

construction and arrange the exact time at which such work can most conveniently

be done. At the agreed time the railroad company shall remove any obstructions

necessary to permit the dredge to excavate the channel across its right-of-way. The

work shall be so planned and conducted as to interfere in the least possible manner

with the railroad's business.

(2) Within thirty (30) days after the work is completed, an itemized bill for the actual

expense incurred by the railroad company for opening its tracks shall be made and

presented to the superintendent of construction. This bill shall not include the cost

of putting in a new bridge or strengthening or enlarging an old one. The

superintendent of construction shall audit this bill, and if found correct shall

approve and file it with the secretary of the board. The board shall deduct the cost of

the excavation done by the dredge on the right-of-way of the railroad company at

the contract price, and pay any difference to the railroad.
KRS § 324.080 — KY Code / Title XXVI / Chapter 324 / Section 324.080
324.080 Form of license certificate -- Delivery
Status: in_force

324.080 Form of license certificate -- Delivery.

The commission shall issue to each licensee a license in the form and size prescribed by

administrative regulation promulgated by the commission. This license shall show the

name and address of the licensee and, in case of a sales associate's license, shall show the

name and business address of the principal broker. Each license shall have imprinted

thereon the seal of the commission and other matter prescribed by administrative

regulation promulgated by the commission. The license of each sales associate shall be

delivered or mailed to the principal broker with whom the licensee is affiliated.
KRS § 517.040 — KY Code / Title L / Chapter 517 / Section 517.040
517.040 Bait advertising
Status: in_force

517.040 Bait advertising.

(1) A person is guilty of bait advertising when in any manner, including advertising or

other means of communication, he offers to the public or a substantial number of

persons property or services as part of a scheme or plan with the intent not to sell or

provide the advertised property or services:

(a) At the price at which he offered them; or

(b) In a quantity sufficient to meet the reasonably expected public demand, unless

the quantity is specifically stated in the advertisement; or

(c) At all.

(2) Bait advertising is a Class A misdemeanor.
KRS § 272.044 — KY Code / Title XXIII / Chapter 272 / Section 272.044
272.044 Applicability of KRS 272.010(1) and 272.020 to 272.044
Status: in_force

272.044 Applicability of KRS 272.010(1) and 272.020 to 272.044.

The provisions of KRS 272.010(1) and 272.020 to 272.044 are applicable only to

cooperative associations organized under KRS 272.020 to 272.044.
KRS § 45A.100 — KY Code / Title VI / Chapter 45A / Section 45A.100
45A.100 Small purchases by state governmental bodies
Status: in_force

45A.100 Small purchases by state governmental bodies.

(1) Procurements may be made in accordance with small purchase administrative

regulations promulgated by the secretary of the Finance and Administration

Cabinet, pursuant to KRS Chapter 13A, as follows:

(a) Up to ten thousand dollars ($10,000) per project for construction and one

thousand dollars ($1,000) for purchases by any state governmental body,

except for those state administrative bodies specified in paragraph (b) of this

subsection; and

(b) Up to one hundred thousand dollars ($100,000) per project for construction or

purchases by the Finance and Administration Cabinet, state institutions of

higher education, and the legislative branch of government.

(2) Procurement requirements shall not be artificially divided so as to constitute a small

purchase under this section. Reverse auctions may be used for small purchase

procurements. At least every two (2) years, the secretary shall review the prevailing

costs of labor and materials and may make recommendations to the next regular

session of the General Assembly for the revision of the then current maximum

small purchase amount as justified by intervening changes in the cost of labor and

materials.

(3) The secretary of the Finance and Administration Cabinet may grant to any state

agency with a justifiable need a delegation of small purchasing authority which

exceeds the agency's small purchase limit provided in subsection (1) of this section.

Delegations of small purchasing authority shall be granted or revoked by the

secretary of the Finance and Administration Cabinet, in accordance with

administrative regulations promulgated by the cabinet pursuant to KRS Chapter

13A. These administrative regulations shall establish, at a minimum, the criteria for

granting and revoking delegations of small purchasing authority, including the

requesting agency's past compliance with purchasing regulations, the level of

training of the agency's purchasing staff, and the extent to which the agency utilizes

the Kentucky Automated Purchasing System. The administrative regulations may

permit the secretary of the Finance and Administration Cabinet to delegate small

purchase procurements up to the maximum amount specified in subsection (1)(b) of

this section.