reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 23 - Women's Health › Section 902 KAR 23:010 - Breast Cancer Research and Education Grant Program

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				141.446,
				194A.095,
				211.580,
				211.585,
				211.590(1),
				(4)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.590(3) authorizes the
				Breast Cancer Research and Education Trust Fund Board to promulgate
				administrative regulations necessary to carry out the provisions of
				KRS
				211.580 to
				211.590.
				KRS
				211.590(2) requires the
				Breast Cancer Research and Education Trust Fund Board to promulgate
				administrative regulations to establish a competitive grant program to provide
				funding to organizations offering programs or services in the areas of breast
				cancer research, education, awareness, treatment, and screening. This
				administrative regulation establishes the Breast Cancer Research and Education
				Grant Program.
Section 1. Definitions.
(1) "Applicant" means a not-for-profit
			 entity, educational institution, or government agency in Kentucky offering
			 programs or services as described in
			 KRS
			 211.590(2) and applying for
			 a grant pursuant to this administrative regulation.
(2) "Board" means the Breast Cancer Research
			 and Education Trust Fund Board created by
			 KRS
			 211.585.
(3) "Funding" means a financial grant from
			 the Breast Cancer Research and Education Trust Fund created by
			 KRS
			 211.580.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 28 - Kentucky Trauma System › Section 902 KAR 28:020 - Kentucky trauma system designation process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.490,
				211.492,
				211.494,
				211.496
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.494(8) authorizes the
				Department for Public Health to promulgate administrative regulations in
				accordance with KRS Chapter 13A to implement a statewide trauma care system.
				This administrative regulation establishes the hospital designation process for
				Kentucky's trauma system.
Section 1.
			 Hospital Trauma Center Designation. A hospital shall receive designation as a
			 trauma center by the Department for Public Health following successful
			 completion of the verification and review process established in this
			 administrative regulation and
			 902 KAR
			 28:030.
(1)
			 Hospitals seeking designation in the Kentucky Trauma Care System shall adhere
			 to:
(a) The criteria established by the
			 American College of Surgeons Verification Review Committee that is available at
http://www.facs.org/trauma/verifivisitoutcomes.html
.
			 and is included in the Reference Guide of Classification, if the facility is
			 seeking designation as a Level I, II, or III trauma center; or
(b) The standards for Level IV designation
			 established in
			 902 KAR
			 28:030.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 28 - Kentucky Trauma System › Section 902 KAR 28:030 - Kentucky's trauma system Level IV criteria

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.490,
				211.492,
				211.494,
				211.496
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.494(8) authorizes the
				Department for Public Health to promulgate administrative regulations in
				accordance with KRS Chapter 13A to implement a statewide trauma care system.
				This administrative regulation establishes the criteria for a Level IV trauma
				center in the Kentucky Trauma Care System.
Section
			 1. Level IV Trauma Centers.
(1)
			 A hospital that seeks designation as a Level IV trauma center shall meet the
			 criteria established in this subsection.
(a)
			 Trauma program.
1. A trauma program shall be
			 created with agreement from the hospital's board of directors, administration,
			 and medical staff.
2. The board of
			 directors, administration, medical, nursing, and ancillary staff shall commit
			 to provide trauma care at the level for which the facility is seeking trauma
			 center verification.
3. A board
			 resolution advising of that commitment shall be submitted with the KYTAC1
			 application incorporated by reference in
			 902 KAR
			 28:020, Section 6.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 28 - Kentucky Trauma System › Section 902 KAR 28:040 - Kentucky's trauma system registry

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.490,
				211.492,
				211.494,
				211.496
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.494(8) authorizes the
				Department for Public Health to promulgate administrative regulations in
				accordance with KRS Chapter 13A to implement a statewide trauma care system.
				This administrative regulation establishes the criteria for use of a Trauma
				System Registry by a Level IV trauma center in the Kentucky trauma care
				system.
Section 1. Kentucky Trauma
			 Registry.
(1) The department shall establish a
			 single statewide Kentucky Trauma Registry (KTR) through the Kentucky Injury
			 Prevention Research Center to be the statewide repository for trauma
			 data.
(2) Requests for data from
			 the KTR shall be directed to the Kentucky Commissioner for Public
			 Health.
(3) Requests for reports on
			 a specific trauma center shall be addressed to the Trauma Coordinator or Trauma
			 Program Manager of the trauma center in question.
(4) Pursuant to
			 KRS
			 211.494(6), data obtained
			 through a trauma registry shall be considered protected health
			 information.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 28 - Kentucky Trauma System › Section 902 KAR 28:050 - Kentucky's trauma system appeals process

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.490,
				211.492,
				211.494,
				211.496
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.494(8) authorizes the
				Department for Public Health to promulgate administrative regulations in
				accordance with KRS Chapter 13A to implement a statewide trauma care system.
				This administrative regulation establishes the appeal process for a facility
				that has been denied verification or designation as a trauma center.
Section 1. Appeals Process.
(1) An applicant may appeal a decision of the
			 Department for Public Health within thirty (30) days of the date of
			 notification that:
(a) The applicant was
			 denied verification or designation as a trauma center;
(b) A designated trauma center was denied
			 reverification; or
(c) A designated
			 trauma center designation was revoked or suspended.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 28 - Kentucky Trauma System › Section 902 KAR 28:060 - Kentucky trauma system fees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.490,
				211.492,
				211.494,
				211.496
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.494(8) authorizes the
				Department for Public Health to promulgate administrative regulations in
				accordance with KRS Chapter 13A to implement a statewide trauma care system.
				This administrative regulation establishes the fee structure for the Kentucky
				Trauma Care System.
Section 1. State
			 Trauma Center Application.
(1) A facility
			 applying for Level I, Level II, Level III, or Level IV trauma center
			 designation in the state trauma care system shall:
(a) Complete the application process as
			 established in
			 902 KAR
			 28:020; and
(b) Submit an application fee of:
1. $500 if applying for a Level I, Level ll,
			 or Level lll designation; or
2.
			 $1000 if applying for a Level lV designation.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:110 - Point of Entry and service coordination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 200.662,
				200.664,
				200.668,
				200.670,
				34 C.F.R.
				303.34, 303.164, 303.165, 303.167,
				303.303,
				303.342,
				303.344,
				303.403,
				303.421,
				20 U.S.C.
				1400,
				1435,
				42 U.S.C.
				280g-1,
				701,
				1381,
				1396,
				1397,
				5106,
				9801,
				10401,
				15001-15009
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer all funds appropriated to implement provisions,
				to enter into contracts with service providers, and to promulgate
				administrative regulations necessary to implement
				KRS 200.650
				to
				200.676.
				This administrative regulation establishes the point of entry and service
				coordination provisions pertaining to First Steps, Kentucky's Early
				Intervention Program.
Section 1. Point
			 of Entry.
(1)
(a) The point of entry (POE) staff shall
			 serve as the local lead agency and shall coordinate child find efforts with:
1. Programs authorized under part B of the
			 Individuals with Disabilities Education Act (IDEA),
			 20 U.S.C
			 1400; and
2. Other state and federal programs serving
			 this population.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:120 - Evaluation and eligibility

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				200.654,
				200.668,
				211.647,
				216.2970,
				34 C.F.R.
				303.322,
				303.421
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer funds to implement the provisions of
				KRS 200.650
				to
				200.676,
				to enter into contracts with service providers, and to promulgate
				administrative regulations. This administrative regulation establishes the
				evaluation, eligibility, and redetermination of eligibility requirements for
				the Kentucky Early Intervention System (KEIS).
Section 1. Initial Eligibility.
(1) Initial eligibility shall be determined
			 by the review of:
(a) The results of at least
			 one (1) multi-domain evaluation instrument designed to confirm the presence of
			 a significant developmental delay;
(b) Information about the infant or toddler's
			 developmental history through parent interview;
(c) Identification of the infant or toddler's
			 level of functioning in each developmental area;
(d) Information from other sources, such as
			 childcare workers; and
(e) All
			 available relevant medical and educational records.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:130 - Assessment, service planning, and assistive technology

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				200.660(6),
				200.664,
				34
				C.F.R. 303.321, 303.340-303.346,
				20 U.S.C.
				1435,
				1436,
				1437
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer funds appropriated to implement the provisions of
				KRS 200.650
				to
				200.676,
				to enter into contracts with service providers, and to promulgate
				administrative regulations. This administrative regulation establishes the
				requirements for assessment, the Individualized Family Service Plans used in
				First Steps, and assistive technology.
Section
			 1. Child Assessment.
(1)
			 Assessment shall be an on-going procedure used by personnel meeting the
			 qualifications established in
			 902 KAR
			 30:150, Section (2)(a)-(p), throughout the child's
			 period of eligibility for First Steps. An assessment shall reflect:
(a) The child's unique strengths and needs;
			 and
(b) The services appropriate to
			 meet those needs.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:160 - Covered services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				200.656,
				34 C.F.R.
				303.13,
				303.421(c),
				20 U.S.C.
				1435,
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer all funds appropriated to implement provisions of
				KRS 200.650
				to
				200.676,
				to enter into contracts with service providers, and to promulgate
				administrative regulations. This administrative regulation establishes the
				provisions of covered services under First Steps, Kentucky's Early Intervention
				Program.
Section 1. Covered Services.
(1) Services shall be covered if the services
			 are included and authorized through parent signature on the Individualized
			 Family Service Plan (IFSP) developed by an IFSP team which shall include, at a
			 minimum, the family and two (2):
(a)
			 Professionals as identified in
			 902 KAR
			 30:150, Section 2(1);
(b) Paraprofessionals as identified in
			 902 KAR
			 30:150, Section 2(2); or
(c) Service positions as identified in
			 902 KAR
			 30:150, Section 2(3).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:180 - Procedural safeguards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 13B.080,
				13B.110,
				200.672,
				34
				C.F.R. 303.400-303.438,
				20 U.S.C.
				1439
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer all funds appropriated to implement provisions of
				KRS 200.650
				to
				200.676,
				to enter into contracts with service providers, and to promulgate
				administrative regulations. This administrative regulation establishes
				procedural safeguards for families participating in First Steps, Kentucky's
				Early Intervention System.
Section 1.
			 Records.
(1) In accordance with
			 34
			 C.F.R. 303.400 through
			 303.417, the parents
			 of a child eligible for the Kentucky Early Intervention Program shall be
			 afforded the opportunity to inspect, review, and receive records relating to
			 evaluations and assessments, eligibility determinations, the development and
			 implementation of IFSPs, individual complaints dealing with the child, and any
			 other records maintained by First Steps staff about the child and the child's
			 family.
(2) The first requested
			 copy of the early intervention record released to the parent or guardian shall
			 be at no cost.
(3) A fee of ten
			 (10) dollars shall be charged for each additional copy and shall not prevent
			 the parent or guardian from exercising the right to inspect and review those
			 records.
(4) An early intervention
			 provider or agency shall inform parents when personally identifiable
			 information collected, maintained, or used during the provision of early
			 intervention services is no longer needed to provide services to the
			 child.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:200 - Coverage and payment for services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				200.654,
				200.672,
				34
				C.F.R. 303.520,
				303.521,
				20
				U.S.C. 1438,
				1440
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer funds appropriated to implement the provisions of
				KRS 200.650
				to
				200.676,
				to enter into contracts with service providers, and to promulgate
				administrative regulations necessary to implement
				KRS 200.650
				to
				200.676.
				This administrative regulation establishes the provisions relating to early
				intervention services for which payment shall be made on behalf of eligible
				recipients.
Section 1. Participation
			 Requirements. An early intervention provider that requests to participate as an
			 approved First Steps provider shall comply with the following:
(1) Submit to an ongoing review by the
			 Department for Public Health, or its agent, for compliance with 902 KAR Chapter
			 30;
(2)
(a) Meet the qualifications for a
			 professional or paraprofessional established in
			 902 KAR
			 30:150; or
(b) Employ or contract with a professional or
			 paraprofessional who meets the qualifications established in
			 902 KAR
			 30:150;
(3) Ensure that a professional or
			 paraprofessional employed by the provider who provides a service in the First
			 Steps Program shall complete training on First Steps' philosophy, practices,
			 and procedures provided by First Steps representatives prior to providing First
			 Steps services;
(4) Agree to
			 provide First Steps services as authorized by an individualized family service
			 plan as required by
			 902
			 KAR 30:130;
(5) Agree to maintain and to submit as
			 requested by the Department for Public Health required information, records,
			 and reports to ensure compliance with 902 KAR Chapter 30;
(6) Establish a contractual arrangement with
			 the Cabinet for Health and Family Services for the provision of First Steps
			 services; and
(7) Agree to provide
			 upon request information necessary for reimbursement for services by the
			 Cabinet for Health and Family Services in accordance with this administrative
			 regulation, which shall include the tax identification number and usual and
			 customary charges.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 30 - Kentucky Early Intervention System › Section 902 KAR 30:210 - Enhanced early intervention services in response to declared national or state public health emergency

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS 200.650
				- 200.676, 34 C.F.R. Part 99, 34 C.F.R. Part 303, 45 C.F.R. Part 160, 20 U.S.C.
				1431 - 1444
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				200.660 requires the Cabinet for Health and
				Family Services to administer all funds appropriated to implement provisions of
				KRS 200.650
				through
				200.676,
				to enter into contracts with service providers, and to promulgate
				administrative regulations. This administrative regulation establishes the
				provisions for providing tele-intervention services if a national or state
				public health emergency has been declared.
Section
			 1. Definitions.
(1) "Declared
			 national or state public health emergency" means a formal declaration by the
			 President of the United States or the Governor of Kentucky of an extraordinary
			 event that is determined to constitute a public health risk through the spread
			 of disease.
(2) "Tele-intervention
			 service" means early intervention services provided through the internet with
			 both video and audio features and with the early intervention provider and
			 family both present in real time.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:005 - Kentucky food code

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.005-217.205, 217.280-217.390,
				217.990-217.992,
				219.011
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1),
				217.125,
				211.090(3),
				and
				211.180(1)(c)
				authorize the Cabinet for Health and Family Services to regulate food service
				establishments and retail food stores. This administrative regulation
				establishes a uniform code for the regulation of all food service
				establishments and retail food stores for the purpose of protecting the public
				health.
Section 1. Definitions.
(1) "2013 FDA Food Code" means the 2013
			 edition of the Food Code published by the U.S. Public Health Service and the
			 U.S. Food and Drug Administration.
(2) "Cabinet" is defined by
			 KRS
			 217.015(3).
(3) "Complex food preparation" means the
			 process of preparing a food item that includes two (2) or more complete trips
			 through the temperature danger zone between forty-one (41) degrees Fahrenheit
			 and 135 degrees Fahrenheit.
(4)
			 "Kentucky State Plumbing Code" is defined by
			 KRS
			 318.130.
(5) "Person in charge" means the individual
			 present at a food establishment who is responsible for the operation at the
			 time of inspection.
(6) "Restricted
			 concessions" means a food service establishment, whether mobile or stationary,
			 limited to preparing and serving only menu items and ingredients considered to
			 be low-risk in relation to foodborne illness.
(7) "Statewide mobile food unit" means a
			 fully enclosed, self-contained food service establishment that operates from a
			 vehicle or is otherwise mobile.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:012 - Hemp-derived cannabinoid product retail and food service establishment requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 217.015, 217.025, 217.035,
				217.037, 217.039, 217.992, 2023 Ky Acts ch. 78
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations for the efficient administration and enforcement of
				the Kentucky Food, Drug and Cosmetic Act,
				KRS
				217.005 through
				217.215.
				KRS
				217.125(2) requires the
				secretary to provide by administrative regulation a schedule of fees for
				permits to operate and for inspection activities carried out by the cabinet
				pursuant to KRS
				217.025 through
				217.390.
				KRS
				217.135 authorizes the secretary to establish
				food standards by administrative regulation including a reasonable definition,
				standard of identity, and designation of optional ingredients that shall be
				named on the label. KRS 217.155 allows the cabinet
				or its duly authorized agent free access at reasonable times for the purpose of
				inspection any factory, warehouse, or establishment where foods, drugs,
				devices, or cosmetics are manufactured or held for sale. This administrative
				regulation establishes the permit requirements for retail sale of hemp-derived
				cannabinoid products, including the permit fee, and methods for use of
				hemp-derived cannabinoid as an additive to food products. Retail establishments
				registered with the department prior to the effective date of this
				administrative regulation shall be exempted from the permit fee requirement
				until the annual renewal date. In accordance with 2023 Ky. Act ch. 78, in order
				to limit the ability of minor children accessing adult-use hemp-derived
				cannabinoid use products, this administrative regulation prohibits the sale of
				adult-use products within 1,000 feet of an elementary, middle, or high school.
				Retail establishments registered with the department prior to the effective
				date of this administrative regulation shall be exempted from this location
				requirement.
Section 1. Retail
			 Establishment and Food Service Establishment Registration.
(1)
(a)
			 Only approved cannabinoid products or class of products in accordance with 902
			 KAR 45:021 may be sold in retail and food service establishments. All other
			 cannabinoid products or class of products shall be prohibited.
(b) Adult-use cannabinoid products or class
			 of products shall be registered in accordance with 902 KAR 45:021, Section
			 1(5).
(c) A retailer shall ensure
			 that all cannabinoid products sold are properly registered with the
			 department.
(d) A retailer may
			 register a product in lieu of the processor or manufacturer.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:021 - Hemp-derived cannabinoid products registration, processing, manufacturing, storage and distribution requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 217.015, 217.025, 217.035,
				217.037, 217.039, 217.992, 2023 Ky Acts ch. 78
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations for the efficient administration and enforcement of
				the Kentucky Food, Drug and Cosmetic Act,
				KRS
				217.005 through
				217.215.
				KRS
				217.125(12) requires the
				secretary to provide by administrative regulation a schedule of fees for
				permits to operate and for inspection activities carried out by the cabinet
				pursuant to KRS
				217.025 through
				217.390.
				KRS
				217.135 authorizes the secretary to establish
				food standards by administrative regulation including a reasonable definition,
				standard of identity, and designation of optional ingredients that shall be
				named on the label. KRS 217.155 allows the cabinet
				or its duly authorized agent free access at reasonable times for the purpose of
				inspecting any factory, warehouse, or establishment where foods, drugs,
				devices, or cosmetics are manufactured or held for sale. This administrative
				regulation establishes the product registration, the processing and
				manufacturing procedures for hemp-derived cannabinoid products, including the
				permit fee, and the labeling and packaging requirements for products containing
				hemp-derived cannabinoids. Establishments permitted with the department prior
				to the effective date of this administrative regulation shall be exempted from
				the permit fee requirement until the annual renewal date.
Section 1. Permit and Product Registration.
(1) In-state permit.
(a) A person located in Kentucky seeking to
			 process, manufacture, store, or distribute hemp-derived cannabinoid products
			 shall be permitted by the cabinet.
(b) The permit shall be:
1. Nontransferable in regard to person or
			 address;
2. Posted in a conspicuous
			 place in the facility;
3. Renewed
			 annually; and
4. Include the fee
			 paid in accordance with:
a. For a hemp
			 processing permit, the fee is $3,000.
b. For a hemp manufacturing permit, the fee
			 is $1,000.
c. For a hemp
			 cannabinoid wholesale warehouse and distributor permit, the fee is
			 $1,000.
d. For a hemp cosmetic
			 permit, the fee is $200.
5. Include the product registration fee
			 required by subsection (4) of this section.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:031 - Hemp-derived cannabinoid product sampling and testing requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 13B, 217.015, 217.025, 217.035,
				217.037, 217.039, 260.850, 438.305(4), 2023 Ky Acts ch. 78
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125(1) authorizes the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations for the efficient administration and enforcement of
				the Kentucky Food, Drug and Cosmetic Act,
				KRS
				217.005 through
				217.215.
				KRS
				217.155 allows the cabinet or its duly
				authorized agent free access at reasonable times for the purpose of inspection
				any factory, warehouse, or establishment where foods, drugs, devices, or
				cosmetics are manufactured or held for sale. This administrative regulation
				establishes the hemp-derived cannabinoid product sampling and testing
				requirements.
Section 1. Product
			 Sampling and Testing Requirements.
(1)
			 Sampling and testing for all cannabinoid products shall be:
(a) Done for each batch or process lot;
			 and
(b) Conducted with
			 representative samples to ensure:
1. All
			 batches or process lots are adequately assessed for contaminants; and
2. The cannabinoid profile is consistent
			 throughout.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:075 - Tanning facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.920-928,
				387.010,
				21
				C.F.R. 1040.20
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.924 requires all indoor tanning
				facilities to register with the local health department and pay a fee not to
				exceed administrative costs of the program.
				KRS
				217.926 requires the Cabinet for Health and
				Family Services to promulgate administrative regulations relating to the
				registration and monitoring of tanning facilities. This administrative
				regulation establishes the responsibilities of tanning facilities, the
				procedures for their registration and monitoring, and the required registration
				fee structure.
Section 1. Definitions.
(1) "Consent" means to give assent or
			 approval.
(2) "Guardian" is defined
			 by
			 KRS
			 387.010(3).
(3) "Minor" is defined by
			 KRS
			 387.010(1).
(4) "Parent" is defined by
			 KRS
			 387.010(7)
(5) "Protective eyewear" is defined by
			 21
			 C.F.R. 1040.20(6).
(6) "Registration" means the issuance of a
			 document by the local health department to a tanning facility authorizing the
			 person named in the document to engage in the business of operating a tanning
			 facility.
(7) "Tanning device" is
			 defined by
			 KRS
			 217.920(2).
(8) "Tanning facility" is defined by
			 KRS
			 217.920(3).
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:100 - Vending machines; food and beverages

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.808-217.812,
				217.990(8)
NECESSITY, FUNCTION, AND CONFORMITY: The Cabinet for Health
				Services is empowered by
				KRS
				217.808 et. seq. to regulate food vending
				machines. This administrative regulation relates to the sanitation and
				inspection of food vending machines, food vending commissaries and the issuance
				and suspension of permits. The purpose of this administrative regulation is to
				establish uniform requirements for the regulation of food vending machines and
				food vending commissaries in Kentucky. Executive Order 96-862, effective July
				2, 1996, reorganizes the Cabinet for Human Resources and places the Department
				for Public Health and its programs under the Cabinet for Health
				Services.
Section 1. Citation of
			 Regulation. This administrative regulation may be cited as the "State Food and
			 Beverage Vending Machine Code."
Section
			 2. Sale of Adulterated or Misbranded Food Prohibited.
(1) No person shall sell, offer or expose for
			 sale, through vending machines, or have in his possession with intent to sell
			 therefrom, any food which is adulterated or misbranded as set forth in
			 KRS
			 217.025 and
			 217.035
			 of the Kentucky Food, Drug and Cosmetic Act.
(2) Samples of food may be taken and examined
			 by the cabinet as often as may be necessary to determine freedom from
			 adulteration or misbranding.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:110 - Permits and fees for retail food establishments, vending machine companies, and restricted food concessions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217.015,
				217.025,
				217.035,
				217.037,
				217.085,
				217.095,
				217.125,
				217.155,
				217.811
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations for the efficient administration and enforcement of
				the Kentucky Food, Drug and Cosmetic Act.
				KRS
				217.125(4) requires the
				secretary to provide by administrative regulation a schedule of reasonable fees
				to be paid by retail food establishments and restricted food concessions for
				permits to operate and for inspection activities carried out by the cabinet.
				KRS
				217.811 requires the cabinet to provide by
				administrative regulation a schedule of fees for operating a vending machine
				company. This administrative regulation establishes the schedule of
				fees.
Section 1. Fees.
(1) A fee shall be assessed for inspection of
			 a retail food store or food service establishment conducted by the cabinet or
			 local health department to determine compliance with the provisions of
			 KRS
			 217.025,
			 217.035,
			 and
			 217.037
			 pertaining to:
(a) Adulteration;
(b) Misbranding;
(c) Packaging; or
(d) Labeling of food products.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:120 - Inspection and permit fees for recreational vehicle communities, youth camps, and private water supplies

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194A.050,
				211.180,
				211.345,
				219.340,
				219.350,
				219.991(2)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(3) and
				211.180(2)
				authorize the Secretary for the Cabinet for Health and Family Services to
				establish by administrative regulation a schedule of reasonable fees to be paid
				by recreational vehicle communities and youth camps to cover the cost of
				permitting and inspection activities carried out by the cabinet.
				KRS
				211.345 authorizes the cabinet to establish a
				program for the sampling of private water supplies. This administrative
				regulation establishes the permit and inspection fees to be charged to
				recreational vehicle communities, youth camps, and for the sampling of private
				water supplies.
Section 1. Youth
			 camps. An annual fee shall be assessed for an inspection conducted by the
			 cabinet or its representative of a youth camp according to the following
			 schedule:
(1) Day youth camp - seventy-five
			 (75) dollars;
(2) Primitive youth
			 camp - fifty (50) dollars; or
(3)
			 Residential youth camp with:
(a) Twenty (20)
			 beds or fewer - seventy-five (75) dollars;
(b) Twenty-one (21) to fifty (50) beds -
			 $100; or
(c) Fifty-one (51) or more
			 beds - $125.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:150 - School sanitation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.180,
				212.210,
				212.990
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				211.180 and
				212.210
				requires the Cabinet for Health and Family Services to regulate certain public
				health matters including the detection, prevention, and control of communicable
				disease and health hazards relating to sanitation and safety in schools. This
				administrative regulation establishes uniform standards for schools and
				includes sanitary standards for operation, inspections, and enforcement
				procedures necessary to insure a safe and sanitary environment.
Section 1. Definitions.
(1) "Approved sewage disposal system" means a
			 sewage disposal system approved by the Department for Public Health consistent
			 with
			 902 KAR
			 10:085, Section 1(2).
(2) "Approved water supply" means that the
			 source of water:
(a) Is a spring, well, public
			 water system, or other source of water;
(b) Has been sampled and analyzed by the
			 Energy and Environment Cabinet, Department for Environmental Protection,
			 Division of Water;
(c) Has been
			 found to be of a safe and sanitary quality and quantity in accordance with 401
			 KAR Chapter 8; and
(d) Has been
			 approved by the Energy and Environment Cabinet, Department for Environmental
			 Protection, Division of Water.
(3) "Cabinet" means the Cabinet for Health
			 and Family Services and its designated agents.
(4) "Designated agents" means local health
			 department environmentalists that are duly registered sanitarians environmental
			 health specialists.
(5) "Local
			 Board of Education" means a duly elected or appointed Board, any private
			 agency, or organization that operates, controls, or supervises a school or
			 system of schools.
(6) "Person"
			 means an individual, firm, partnership, company, corporation, trustee,
			 association, or any public or private entity owning or operating a
			 school.
(7) "School" means any
			 area, parcel, or tract of land on which facilities are established, maintained,
			 or operated for educational purposes, including public, parochial, and private
			 facilities enrolling students in any of the grades kindergarten through the
			 12th grade including vocational education facilities, but excluding day care
			 facilities, and individuals teaching their own children.
(8) "Semipermanent school structure" means
			 any school structure that is constructed off-site and transported to the school
			 site and is intended to serve as temporary classroom or other facility and not
			 made a fixed portion of any existing school structure.
(9) "State Plumbing Code" means 815 KAR
			 Chapter 20.
(10) "Tempered water"
			 means a water temperature of at least ninety (90) degrees Fahrenheit to a
			 maximum temperature of 110° F.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:160 - Kentucky food and cosmetic processing, packaging, storage, and distribution operations

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 13B, 194A.005, 217.005 - 217.205, 271.215,
				217.290 - 217.390, 217.990 - 217.992, 318.130, 21 C.F.R. Part 1, 7, 70, 73, 74,
				81, 82, 100 - 102, 104 - 107, 108 Subpart B, 109, 113, 114, 117, 120, 123, 129,
				130, 133, 135 - 137, 139, 145, 146, 150, 152, 155, 156, 158, 160, 161, 163 -
				166, 168, 169, 170, 172 - 178, 180 - 189,
				21 U.S.C.
				321,
				343-345,
				373,
				374,
				374a
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) and
				217.125(1)
				authorize the Cabinet for Health and Family Services to promulgate
				administrative regulations for the efficient administration and enforcement of
				KRS
				217.005 to
				217.215.
				The secretary is authorized to promulgate administrative regulations consistent
				with those promulgated under the federal act and the Fair Packaging and
				Labeling Act. This administrative regulation establishes procedures and
				requirements for food and cosmetic processing, packaging, storage, and
				distribution operations for the purpose of protecting public health.
Section 1. Definitions.
(1) "Adulterated" is defined by
			 KRS
			 217.025.
(2) "Cabinet" is defined by
			 KRS
			 194A.005(1).
(3) "Food processing establishment" is
			 defined by
			 KRS
			 217.015(20).
(4) "Food storage warehouse" is defined by
			 KRS
			 217.015(22).
(5) "Imminent health hazard" is defined by
			 KRS
			 217.015(24).
(6) "Misbranded" is defined by
			 KRS
			 217.035.
(7) "No Action Indicated" or "NAI" means a
			 plant inspection classification that indicates the firm has no violating
			 condition or that only a minor violation was noted at the time of
			 inspection.
(8) "Official Action
			 Indicated" or "OAI" means a plant inspection classification that indicates a
			 condition noted during the inspection was significant enough to pose an
			 imminent health hazard or was an uncorrected VAI condition on a previous
			 inspection.
(9) "Plant" means a
			 food processing establishment, cosmetic processing establishment, or a food
			 storage warehouse.
(10)
			 "Ready-to-eat" means food that is in a form that is edible without washing,
			 cooking, or additional preparation by the food plant or the consumer to achieve
			 food safety, and is expected to be consumed in that form.
(11) "Specialized processes" means foods
			 processed under 21 C.F.R. Parts 113, 114, 120, and 123.
(12) "State Plumbing Code" means the code
			 established by KRS Chapter 318 and 815 KAR Chapter 20.
(13) "Voluntary Action Indicated" or "VAI"
			 means a plant inspection classification that indicates a condition was noted
			 during the inspection that is in violation of this administrative regulation
			 but was not significant enough to pose an imminent health hazard.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 45 - Food and Cosmetics › Section 902 KAR 45:180 - Permits and fees for food processing plants, food storage warehouses, salvage processors and distributors, cosmetic manufacturers, and certificate of free sale

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				217.015,
				217.025,
				217.035,
				217.037,
				217.085,
				217.095,
				217.155,
				21 C.F.R. Parts 113, 114, 120, 123
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.125(1) requires the
				secretary of the Cabinet for Health and Family Services to promulgate
				administrative regulations for the efficient administration and enforcement of
				the Kentucky Food, Drug and Cosmetic Act.
				KRS
				217.125(2) requires the
				secretary to provide by administrative regulation a schedule of reasonable fees
				to be paid by food processing plants, food storage warehouses, salvage
				distributors, salvage processing plants, and cosmetic manufacturers for permits
				to operate and for inspection activities carried out by the cabinet. This
				administrative regulation establishes the schedule of fees.
Section 1. Definitions.
(1) "Ready-to-eat" means food that is in a
			 form that is edible without washing, cooking, or additional preparation by the
			 food plant or the consumer to achieve food safety, and is expected to be
			 consumed in that form.
(2)
			 "Specialized processes" means foods processed under 21 C.F.R. Parts 113, 114,
			 120, or 123.
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 47 - Hazardous Substances › Section 902 KAR 47:030 - Exemptions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 217.650-217.710, 16 C.F.R. Part 1500.83
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				217.650 to
				217.710
				authorizes the Cabinet for Human Resources to regulate the control of hazardous
				substances in Kentucky.
				KRS
				217.670(2) authorizes the
				Secretary for Human Resources to provide minimum information which shall appear
				on the labels for small packages. The purpose of this administrative regulation
				is to provide label exemption requirements for specified small packages, minor
				hazards, and special circumstances; to coordinate federal-state action if an
				article is banned and deemed to be dangerous to the public health; to assure
				uniformity for variance between the regulations adopted under the state and
				federal acts; and to assure uniformity of test procedures.
Section 1. Exemptions. Exemptions for small
			 packages, minor hazards and special circumstances, set forth in regulations
			 promulgated under
			 15
			 USC Sec. 1261-1276,
			 shall be exempted in Kentucky.
Section
			 2. Banned Hazardous Substances Dangerous to Public Health. If a
			 hazardous substance is banned pursuant to federal law by the U.S. Consumer
			 Product Safety Commission, the Cabinet may, if it deems the article to be
			 dangerous to public health, quarantine the article pursuant to
			 KRS
			 217.700.
Section 3. Variance between State and Federal
			 Regulations. If a variance exists between the regulations adopted under
			 KRS
			 217.650 to
			 217.710
			 and those adopted under
			 15
			 USC Sec. 1261-1276,
			 compliance with the federal regulations shall be deemed compliance with the
			 provisions of the administrative regulations adopted under
			 KRS
			 217.650 to
			 217.710.
Section 4. Test Procedures for Hazardous
			 Substances. The test procedures prescribed under
			 15
			 USC Sec. 1261-1276
			 and federal regulations shall be applicable to all administrative regulations
			 adopted by the cabinet relating to hazardous substances.
STATUTORY AUTHORITY:
				  KRS 194.050,
				  211.090,
				  211.180,
				  217.690
Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 47 - Hazardous Substances › Section 902 KAR 47:200 - Public health methamphetamine contamination

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.180,
				212.210,
				218A.1431,
				224.01-410,
				224.99-010(14),
				(15)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				224.01-410(9) requires the
				Department for Public Health to promulgate administrative regulations to
				establish requirements for notices, notice posting, and notice removal for an
				inhabitable property contaminated with methamphetamine.
				KRS
				224.01-410(10) requires the
				Department for Public Health to promulgate administrative regulations to
				establish disclosure requirements for a methamphetamine property if the
				property is to be leased, rented, or sold. This administrative regulation
				establishes standards for the posting and removal of warning signs for a
				methamphetamine-contaminated property and establishes disclosure and appeal
				procedures for the owner of a methamphetamine-contaminated property if the
				property is to be leased, rented, or sold.
Section
			 1. Definitions.
(1) "Cabinet"
			 means the Kentucky Cabinet for Health and Family Services.
(2) "Commissioner" means the commissioner of
			 the Kentucky Department for Public Health.
(3) "Clandestine Drug Lab Preliminary
			 Assessment Tier Selection Criteria Form (TASS), DEP 1016 means the evaluation
			 tool incorporated by reference in
			 401 KAR
			 101:030 and used by law enforcement to determine the
			 tiered level of methamphetamine contamination within the inhabitable
			 property.
(4) "Decontaminated"
			 means the removal of methamphetamine contamination from an inhabitable property
			 in a manner in accordance with
			 401 KAR
			 101:040.
(5) "Disclosure" means the notification made
			 by the owner of a methamphetamine contaminated property to a potential buyer,
			 lessee, or renter of that property advising them that the property is
			 contaminated.
(6) "Methamphetamine
			 Disclosure Statement" means the documentation provided by the property owner to
			 the potential buyer, lessee, or renter that conforms to the requirements
			 established in Section 4(2) of this administrative regulation.
(7) "Notice of Methamphetamine Contamination"
			 means the form DFS 407 used to denote methamphetamine contamination within an
			 inhabitable property.
(8) "Posted"
			 or "posting" means the physical affixing of the Notice of Methamphetamine
			 Contamination to the entrances of an inhabitable property with one (1) or more
			 rooms with living, sanitary, and sleeping facilities arranged for the use of
			 one (1) family or individual.
(9)
			 "Released" means the authorization by the cabinet for the removal of the posted
			 Notice of Methamphetamine Contamination and an authorization to the property
			 owner that all disclosure requirements established in this administrative
			 regulation are no longer applicable.