FrankGoortani/open-us-law huggingface dataset:
KRS § 314.402 — KY Code / Title XXVI / Chapter 314 / Section 314.402
314.402 Licensed Certified Professional Midwives Advisory Council -- Members -- Terms -- Authority and responsibility -- Administrative regulations governing licensee's duty to keep appropriate medical records
Status: in_force

314.402 Licensed Certified Professional Midwives Advisory Council -- Members --

Terms -- Authority and responsibility -- Administrative regulations governing

licensee's duty to keep appropriate medical records.

(1) The Licensed Certified Professional Midwives Advisory Council is hereby created,

under the Board of Nursing. The council shall at regular intervals and guided by

newly available evidence in peer-reviewed medical literature, advise the board on

promulgating administrative regulations regarding qualifications, standards for

training, competency determination of licensed certified professional midwives, any

necessary statutory changes, and all other matters relating to licensed certified

professional midwives.

(2) The council shall be appointed by the board and shall consist of:

(a) One (1) member of the board, who shall be a nonvoting, ex officio member

and serve as the liaison between the chair of the council and the board;

(b) Three (3) certified professional midwives who shall be licensed certified

professional midwives within six (6) months of the license availability;

(c) Two (2) APRN-designated certified nurse-midwives licensed in Kentucky;

(d) Two (2) obstetricians licensed in Kentucky;

(e) One (1) practicing neonatal health care provider licensed in Kentucky; and

(f) One (1) member of the general public.

The chair of the council shall be elected annually by members of the council.

(3) The board may solicit nominations for the council from interested parties or

organizations and shall give consideration to nominees who have experience

collaborating with providers of, providing, or utilizing out-of-hospital midwifery

services.

(4) The board shall specify the terms for the council members, not to exceed four (4)

years. Members shall serve at the discretion of the board, may be reappointed at the

end of their terms, and shall receive reimbursement for their actual and necessary

expenses incurred in the performance of their official duties.

(5) A licensed certified professional midwife has the same authority and responsibility

as appropriate licensed health care providers regarding following public health laws,

reporting reportable diseases and conditions, controlling and preventing

communicable diseases, recording of vital statistics, obtaining health histories, and

performing physical examinations, except that this authority is limited to activity

consistent with provision of services authorized by KRS 314.400 to 314.414.

(6) A licensed certified professional midwife shall keep appropriate medical records

regarding treatment and outcomes as required by the board by administrative

regulation.
KRS § 335.370 — KY Code / Title XXVI / Chapter 335 / Section 335.370
335.370 Impaired marriage and family therapist program -- Confidentiality of records -- Immunity of board members
Status: in_force

335.370 Impaired marriage and family therapist program -- Confidentiality of

records -- Immunity of board members.

(1) The board may enter into an agreement with the Kentucky Association of Marriage

and Family Therapists for an impaired marriage and family therapist committee to

undertake the functions and responsibilities of an impaired marriage and family

therapist program, as specified in the agreement. The functions and responsibilities

may include any of the following:

(a) Receiving and evaluating reports of suspected impairment from any source;

(b) Intervening in cases of verified impairment; or

(c) Referring impaired marriage and family therapists to treatment programs.

(2) Other provisions of law notwithstanding, all board and committee records

pertaining to the impaired marriage and family therapist program shall be kept

confidential. No person in attendance at any meeting of the committee shall be

required to testify as to any committee discussions or proceedings.

(3) Other provisions of law notwithstanding, no member of the board of the Kentucky

Association of Marriage and Family Therapists or the Impaired Marriage and

Family Therapist Committee shall be liable for damages to any person for any acts,

omissions, or recommendations made in good faith while acting within the scope of

responsibilities pursuant to this section.
KRS § 96.400 — KY Code / Title IX / Chapter 96 / Section 96.400
96.400 Application of proceeds of bonds -- Lien
Status: in_force

96.400 Application of proceeds of bonds -- Lien.

All moneys received from the bonds shall be applied solely for the purchase,

establishment or erection of the waterworks and extensions and appurtenances thereto, or

to advance the payment of the interest on the bonds during the first three (3) years

following the date of the bonds. A statutory mortgage lien shall exist upon the

waterworks and appurtenances and extensions so acquired in favor of the holders of the

bonds and coupons.
KRS § 367.905 — KY Code / Title XXIX / Chapter 367 / Section 367.905
367.905 Registration of health spa -- Annual registration statement and fee -- Surety bond -- Separate locations
Status: in_force

367.905 Registration of health spa -- Annual registration statement and fee --

Surety bond -- Separate locations.

(1) Any person, corporation, partnership, association, or group intending to open or

operate a health spa within the Commonwealth, shall:

(a) File a registration statement, accompanied by a one hundred dollar ($100)

initial registration fee, with the Attorney General's Office of Consumer

Protection prior to the sale of any memberships in the Commonwealth of

Kentucky. Such a registration statement shall contain the name and address of

the health spa; the names and addresses of the officers, directors, and

stockholders of the health spa and its parent corporation, if such an entity

exists; the type of available facilities; approximate size of the health spa

measured in square feet; whether or not a shower area is provided; the names

and addresses of employees and their respective qualifications for

employment in the health spa field; type of membership plans to be offered

and their cost; and a full and complete disclosure of any completed or pending

litigation initiated against the health spa and any of its officers or directors

within the last three (3) years.

(b) Prior to the sale of any memberships in the Commonwealth of Kentucky,

provide the Attorney General's Office of Consumer Protection with a surety

bond meeting the requirements of KRS 367.906.

(2) A new registration statement, accompanied by an annual registration fee of fifty

dollars ($50), shall be filed with the Attorney General's Office of Consumer

Protection on or before July 1 of each year following the opening of the health spa.

(3) Each health spa selling contracts on a prepayment basis shall deposit all funds

received from such contracts in an escrow account until the health spa has remained

open for a period of thirty (30) days. At the end of this thirty (30) day period, such

prepayment funds shall be eligible for withdrawal at the depositor's discretion.

(4) Each health spa registering pursuant to this statute shall maintain in the files of the

health spa, a copy of its registration statement filed pursuant to this section. This

registration statement shall be made available for inspection by current health spa

members or prospective purchasers of health spa memberships.

(5) The registration fees required by this section shall be credited to a trust or agency

account for the administrative purposes of the Attorney General's Office of

Consumer Protection, as set forth in KRS 367.900 to 367.930.

(6) Each separate location where health spa services are offered shall be considered a

separate health spa and shall file a separate registration statement and surety bond,

even though the separate locations are owned or operated by the same owner.
KRS § 158.6451 — KY Code / Title XIII / Chapter 158 / Section 158.6451
158.6451 Legislative declaration on goals for Commonwealth's schools -- Model curriculum framework
Status: in_force

158.6451 Legislative declaration on goals for Commonwealth's schools -- Model

curriculum framework.

(1) The General Assembly finds, declares, and establishes that:

(a) Schools shall expect a high level of academic achievement of all students;

(b) Schools shall develop their students' ability to:

1. Use communication and mathematics skills for purposes and situations

they will encounter throughout their lives;

2. Apply core concepts and principles from mathematics, the sciences, the

arts, the humanities, social studies, civics, and practical living studies to

situations they will encounter throughout their lives;

3. Become self-sufficient individuals of good character exhibiting the

qualities of altruism, citizenship, courtesy, hard work, honesty, human

worth, justice, knowledge, patriotism, respect, responsibility, and self-

discipline;

4. Become responsible members of a family, work group, or community,

including demonstrating effectiveness in community service;

5. Think critically, creatively, and independently to solve problems in

school situations and in a variety of situations they will encounter in life;

6. Connect and integrate experiences and new knowledge from all subject

matter fields with what they have previously learned and build on past

learning experiences to acquire new information through various media

sources; and

7. Express their creative talents and interests in visual arts, music, dance,

and dramatic arts;

(c) Schools shall increase their students' rate of school attendance;

(d) Schools shall increase their students' graduation rates and reduce their

students' dropout and retention rates;

(e) Schools shall reduce physical and mental health barriers to learning; and

(f) Schools shall be measured on the proportion of students who make a

successful transition to work, post-secondary education, and military service.

(2) The Kentucky Board of Education shall disseminate to local school districts and

schools a model curriculum framework which is directly tied to the goals,

outcomes, and assessment strategies developed pursuant to this section and KRS

158.645 and 158.6453. The framework shall provide direction to local districts and

schools as they develop their curriculum. The framework shall identify teaching and

assessment strategies, instructional material resources, ideas on how to incorporate

the resources of the community, a directory of model teaching sites, alternative

ways of using school time, and strategies to incorporate character education

throughout the curriculum.
KRS § 61.097 — KY Code / Title VIII / Chapter 61 / Section 61.097
61.097 Involvement of local government officers, employees, and their spouses in contracts for solid waste management facilities -- Effect on contract -- Penalties
Status: in_force

61.097 Involvement of local government officers, employees, and their spouses in

contracts for solid waste management facilities -- Effect on contract --

Penalties.

(1) No elected or nonelected local government officer or employee or a spouse of such

an officer or employee shall, directly or indirectly, receive any benefits or

emoluments from, furnish any material or other thing of value to be used in, or be

interested in, any contract let by waste management districts, counties, cities, or any

combination thereof, for a solid waste management facility.

(2) Any contract made and procured in violation of subsection (1) of this section is

void. Any elected or nonelected local government officer or employee who violates

any provisions of subsection (1) of this section shall be guilty of a Class B

misdemeanor, and shall be adjudged to have forfeited any public office or

employment which he may hold. An elected or nonelected local government officer

or employee's spouse who violates any provisions of subsection (1) of this section

shall be guilty of a Class B misdemeanor.
KRS § 157.285 — KY Code / Title XIII / Chapter 157 / Section 157.285
157.285 Related services provided by local boards of education
Status: in_force

157.285 Related services provided by local boards of education.

Local boards of education may contract to provide "related services" to exceptional

children when the appropriate services are not available through a public or private

agency.
KRS § 217.420 — KY Code / Title XVIII / Chapter 217 / Section 217.420
217.420 Methyl (wood) alcohol for human use -- Sale or other disposition prohibited
Status: in_force

217.420 Methyl (wood) alcohol for human use -- Sale or other disposition

prohibited.

No person shall sell, offer for sale, give away, deal in or supply, or have in his possession

for that purpose, any article of food or drink or any medicinal or toilet preparation

intended for human use internally or externally that contains any methyl alcohol,

otherwise known as wood alcohol or wood naphtha, either crude or refined, or that

contains denatured alcohol containing methyl or wood alcohol.
KRS § 247.6046 — KY Code / Title XXI / Chapter 247 / Section 247.6046
247.6046 Information on cotton fields and patches to be furnished to Commissioner
Status: in_force

247.6046 Information on cotton fields and patches to be furnished to

Commissioner.

Every person growing cotton in this state shall furnish to the Commissioner, on forms

supplied by the Commissioner, information that the Commissioner requires regarding the

size and location of all commercial cotton fields and of noncommercial patches of cotton

grown as ornamentals or for other purposes.
KRS § 269.140 — KY Code / Title XXII / Chapter 269 / Section 269.140
269.140 Commissioners shall assess land -- File report -- Contents of report -- Error not to invalidate assessment -- Subsequent assessments
Status: in_force

269.140 Commissioners shall assess land -- File report -- Contents of report --

Error not to invalidate assessment -- Subsequent assessments.

(1) The board of commissioners shall, as of July 1 succeeding its appointment, assess

and apportion upon the land within the boundary of the district of the corporation a

tax of not more than twenty-five cents ($0.25) and not less than ten cents ($0.10)

per acre per year for a period of ten (10) years in proportion to the benefits

conferred. It shall file a written report of the assessment and apportionment with the

county clerk, who shall not copy it in his records but file a certified copy in the

Circuit Court of the county, or in the chancery branch thereof if there be one.

(2) The commissioners shall enter in the assessment the names of all persons who, at

the time of the assessment, are the owners or holders of land liable to be assessed.

Opposite the name of the owner or holder they shall enter the tract owned or held,

the number of acres as nearly as practicable, the name of the nearest resident, the

rate of taxation per acre and the aggregate tax upon each tract for each of the ten

(10) years.

(3) No error or informality in the assessment, description or location of the property, or

in the name of the party assessed, shall invalidate the assessment if the property can

with reasonable certainty be located from the description given, nor shall any

irregularity or informality in the execution of the duties of the commissioners or any

failure of duty on their part render any assessment invalid.

(4) After ten (10) years another assessment for ten (10) years may be in a like manner

initiated and established, on the petition of the owners of more than one-half (1/2)

of all the land within the boundary of the district of the corporation at that time.
KRS § 454.455 — KY Code / Title XLII / Chapter 454 / Section 454.455
454.455 Proof required for damages against tobacco growers and warehousemen -- Costs that may be awarded to prevailing defendant
Status: in_force

454.455 Proof required for damages against tobacco growers and warehousemen --

Costs that may be awarded to prevailing defendant.

(1) In a civil action against a tobacco grower for damages alleged to have occurred as a

result of use or consumption of tobacco products, in order for liability to be found

against a tobacco grower, the plaintiff shall prove by clear and convincing evidence

that the tobacco that caused the alleged damage was planted, cultivated, and

harvested by that specific tobacco grower and not by any other person.

(2) In a civil action against a warehouseman for damages alleged to have occurred as a

result of use or consumption of tobacco products, in order for liability to be found

against a warehouseman, the plaintiff shall prove by clear and convincing evidence

that the tobacco that caused the alleged damage was sold by that specific

warehouseman and not by any other person.

(3) If a suit against a tobacco grower or a warehouseman is dismissed or the defendant

prevails at trial, the defendant may be entitled to three (3) times the entire costs of

defending the action, including but not limited to legal fees, expert witnesses, and

other expenses arising from the defense of the action.
KRS § 393A.620 — KY Code / Title XXXIV / Chapter 393A / Section 393A.620
393A.620 Complaint to administrator about conduct of person conducting examination
Status: in_force

393A.620 Complaint to administrator about conduct of person conducting

examination.

(1) If a person subject to examination under KRS 393A.560 believes the person

conducting the examination has made an unreasonable or unauthorized request or is

not proceeding expeditiously to complete the examination, the person in a record

may ask the administrator to intervene and take appropriate remedial action,

including countermanding the request of the person conducting the examination,

imposing a time limit for completion of the examination, or reassigning the

examination to another person.

(2) If a person in a record requests a conference with the administrator to present

matters that are the basis of a request under subsection (1) of this section, the

administrator shall hold the conference not later than thirty (30) days after receiving

the request. The administrator may hold the conference in person, by telephone, or

by electronic means.

(3) If a conference is held under subsection (2) of this section, not later than thirty (30)

days after the conference ends, the administrator shall provide a report in a record of

the conference to the person that requested the conference.
KRS § 76.050 — KY Code / Title IX / Chapter 76 / Section 76.050
76.050 Meetings of board -- Quorum
Status: in_force

76.050 Meetings of board -- Quorum.

(1) Regular meetings of the board shall be held at least once in each calendar month,

the time and place of which shall be fixed by the board.

(2) A majority of the members of the board shall constitute a quorum, and the

affirmative vote of at least three (3) members of the board shall be necessary for the

adoption of any motion, measure, or resolution.
KRS § 353.754 — KY Code / Title XXVIII / Chapter 353 / Section 353.754
353.754 Procedure and organization -- Regulations
Status: in_force

353.754 Procedure and organization -- Regulations.

(1) If any officers of the authority whose signature, or a facsimile thereof, appears on

any bonds of the authority or on any other instruments or documents pertaining to

the functions of the authority ceases to be an officer before delivery of the bonds, or

before the effective date or occasion of the instruments or documents, the signature

or facsimile shall nevertheless be valid for all purposes the same as if the officer

had remained in office until the delivery or effective date or occasion.

(2) Any four (4) voting members of the authority shall constitute a quorum.

(3) The authority shall meet not less than every twelve (12) months beginning no later

than ninety (90) days after June 20, 2005, and at such other times as it may be called

as provided in this section. Special meetings of the authority may be called by the

chair and, upon written request of two (2) members, the chair shall call a special

meeting of the authority to be held not later than twenty (20) days following receipt

of the written request. The chair shall give notice through the secretary by any

means agreed upon by the membership, at least ten (10) days prior to the time of

any meeting. The offices of the authority shall be located in Frankfort, Kentucky.

(4) The authority may adopt bylaws relating to its organization and internal

management and alter them at will. Through its bylaws, or by resolution, it shall

establish stated times and places for regular meetings and may provide for meetings

at other times or in different places. If a quorum is present at any special meeting

and it appears from the minutes that reasonable notice was given to or waived by

absent members, or if the minutes are subsequently consented to by absent

members, any business transacted or action taken at the meeting shall be official

and as valid in all respects as if transacted or taken at a regular meeting.

(5) The authority shall promulgate administrative regulations for the conducting of its

business and affairs including criteria for project eligibility, in accordance with the

provisions of KRS Chapter 13A.
KRS § 397.1004 — KY Code / Title XXXIV / Chapter 397 / Section 397.1004
397.1004 Co-owner with right of survivorship -- Requirement of survival by one hundred twenty (120) hours
Status: in_force

397.1004 Co-owner with right of survivorship -- Requirement of survival by one

hundred twenty (120) hours.

Except as provided in KRS 397.1006:

(1) If it is not established by clear and convincing evidence that one (1) of two (2) co-

owners with right of survivorship survived the other co-owner by one hundred

twenty (120) hours, one-half (1/2) of the property shall pass as if one (1) had

survived by one hundred twenty (120) hours and one-half (1/2) as if the other had

survived by one hundred twenty (120) hours.

(2) If there are more than two (2) co-owners and it is not established by clear and

convincing evidence that at least one (1) of them survived the others by one

hundred twenty (120) hours, the property shall pass in the proportion that each bears

to the whole number of co-owners.
KRS § 531.070 — KY Code / Title L / Chapter 531 / Section 531.070
531.070 Exemptions
Status: in_force

531.070 Exemptions.

The prohibitions and penalties imposed in this chapter shall not extend to persons having

a bona fide scientific, educational, governmental, or other similar justification for conduct

which would, except for such justification, be criminal under this chapter.
KRS § 35.334 — KY Code / Title V / Chapter 35 / Section 35.334
35.334 Appellate counsel
Status: in_force

35.334 Appellate counsel.

(1) The senior force judge advocate shall detail a judge advocate as appellate

government counsel to represent the state in the review or appeal of cases specified

in KRS 35.333 and before any federal court when requested to do so by the state

Attorney General. Appellate government counsel must be a member in good

standing of the bar of the highest court of the state to which the appeal is taken.

(2) Upon an appeal by the state, an accused has the right to be represented by detailed

military counsel before any reviewing authority and before any appellate court.

(3) Upon the appeal by an accused, the accused has the right to be represented by

military counsel before any reviewing authority.

(4) Upon the request of an accused entitled to be so represented, the senior force judge

advocate shall appoint a judge advocate to represent the accused in the review or

appeal of cases specified in subsections (2) and (3) of this section.

(5) An accused may be represented by civilian appellate counsel at no expense to the

state.