of the national health service, including the Army, Navy, or National Red Cross, or other organizations or individuals, upon a per cent or other basis and to expend the same to increase the efficiency of the health service of the State, or of any county in the State where the fiscal court or other public or private or ganizations shall provide a fund upon the percentage or other basis for health work within such county: Provided, That all funds received or expended under this section shall be accounted for entirely separate from and in addition to the appropriation made for the use of the board in this act, and that itemized statements of all such expenditures shall be included in the reports made by the board to each session of the general assembly, as required by law for other public expenditures.

State Board of Health-Appointment-Secretary and Other Officers. Local Boards of Health and Health Officers-Continuance in Office-New Appointments. (Ch. 65, Act Mar. 27, 1918.)

SEC 4. * * (20) A board to be known as the State board of health is hereby established. It shall consist of 10 members all of whom, except as here in provided, shall be legally qualified practitioners, as provided by the laws of this Commonwealth, four of whom shall be appointed by the governor from the members of the State board of health holding office at the time of the passage of this act, said four members shall be so selected that one shall be an osteopath, one a homeopath, one an eclectic, and one shall be a regular (or allopathic) physician, whose terms of office shall expire on January 1, 1920, 1921, 1922, and 1923, and their successors shall be appointed by the governor from lists of five names for each vacancy, furnished, respectively, by the State society or association of such schools or systems of practice as are entitled to the member: Provided, That in the event such society or association fails or refuses to supply such names to the governor within 30 days after the expiration of the term of office of said member, the governor may appoint any member of any society or association of practitioners; two of the members of said board shall be appointed by the governor from the members of the Kentucky Board of Tuberculosis Commissioners, holding office at the time of the passage of this act, one of whom shall serve for one term and the other member shall serve for one year from January 1 of the year of the passage of this act; one member of said board of health shall be appointed by the governor from a list of five names furnished by the Kentucky Board of Pharmacy and his successor shall be chosen in the same manner as herein provided; two members shall be appointed by the governor from the State at large and the tenth member, who shall be its secretary and executive officer, shall be elected by the appointive members of said board, whose salary and term of office shall be fixed by the board for a term of four years and until his successor shall have been elected and qualified.

All existing local boards and health officers shall remain in office until re moved as herein provided, or until their respective terms expire or their successors shall be appointed as herein provided.

That there shall be appointed as a member of the State board of health, as now or may be constituted, one member who shall be selected by the governot of this Commonwealth from a list of five persons selected by the Kentucky Pharmaceutical Association who shall be a registered pharmacist, who shall serve for the same term and upon the same conditions as other members of said board as provided by law.

Any inspector or inspectors appointed by said board for the purpose of gorerning and carrying out the provisions of this act, in so far as it relates to

drugs, shall be a registered pharmacist and a graduate of a school recognized as in good standing by the Kentucky Board of Pharmacy: Provided, That the appointment of such inspector or inspectors shall be appointed [sic] by the State board of health with the advice and consent of the pharmacist member.

(21) All acts and parts of acts in conflict herewith are hereby repealed, but the said act shall not be construed to repeal chapter 48 of the acts of the general assembly of 1906, entitled "An act to regulate the sale of concentrated feeding stuffs, defining same, and fixing penalties for violations thereof. Bureaus and Officers of State Board of Health-Penalty for Failure to Report Communicable Diseases, Births, and Deaths-Establishment and Maintenance of County and District Departments of Health-Appointment, Powers, and Duties of County and District Health Officers-Enforcement of Health Laws-Appropriations for State Board of Health-Appointment of City Boards of Health and Health Officers. (Ch. 65, Act Mar. 27, 1918.) That sections 2054, 2059, 2060, and 2061 of the Kentucky Statutes, Carroll's edition of 1915, relating to the State board of health, be amended by striking out all of said sections and inserting in lieu thereof such words that each of said sections, respectively, when so amended and reenacted shall read as follows:

SECTION 1. That section 2054 as amended and reenacted shall read as follows:

(1) That the sum of $75,000 per annum, or so much thereof as may be found necessary by the State board of health, is hereby appropriated for the use of such board to establish and maintain :

(a) A bureau of tuberculosis for the study, prevention, and treatment of that disease.

(b) A bureau of vital statistics, that the causes of sickness and mortality and records of births may be promptly reported, utilized, and permanently recorded.

(c) A bureau of pure food and drugs, to protect the people from adulterations, substitutions, and misbranding, and dangers from these products.

(d) A bureau of sanitation, for the practical utilization of health knowledge in preventing and restricting the spread of the communicable diseases and in abating and minimizing the causes of sickness, including venereal diseases, and for the study and control of insanitary housing, hotel and rooming conditions, and for the protection of the rivers, creeks, watersheds, springs, wells, and the regulation of sewers, household waste, and other matters relating to the sources of purity of the water supplies in every section, and the board is empowered in its rules and regulations to provide for the protection and purification of the same.

(c) A bureau of epidemiology and bacteriology to aid in the study, early diagnosis, location, and prevention of epidemics and communicable sickness. (f) A bureau of hotel inspection for the inspection of hotels and restaurants of this Commonwealth to determine their sanitary condition and make such reports and take such action as may be necessary to protect the health and lives of the public under the laws of this Commonwealth and the rules and regulations of the State and local boards of health.

And pay the salaries of its secretary and the heads of these bureaus, who shall be elected for a term of four years, and of such clerks, stenographers, inspectors, and other employees as it may find actually necessary, and to pay the traveling and such other expenses of the board as it may find necessary in the proper discharge of its duties; an itemized list of all expenditures under this act to be made in its report to the general assembly.

To arrange for an annual school for county and city health officers, at some centrally located place, for systematic instruction in the best practical methor for preventing the diseases above named, and other public health work, said school to continue in session at least three days; and it shall be the duty of each city and county health officer to attend and take part in such schools unless prevented by an epidemic in his city or county, or for other reasons satisfactory to the officials conducting the school, and it shall be the duty of each fiscal court or city council to pay the actual necessary expenses incurred by its health officer in attending such schools, upon certificate duly attested by the State board of health of actual attendance during the entire period for which such school is held and that the charges are reasonable.

All warrants and vouchers under this act shall be signed by the president and countersigned by the secretary of the board, and duplicates of all vouchers, and an itemized statement of expenditures shall be filed with the auditor of public accounts. The secretary shall give bond in the sum of $10,000 from a reliable bonding company, the fee of which shall be paid by said board, for the faithful performance of his duties and the proper accounting for all funds coming into his hands, and said bond shall be filed with the auditor of public accounts. The total expenses of the board shall not exceed the sum hereby appropriated, except for the public printing of said board which shall be paid for outside of this appropriation, as other public printing is now paid.

(2) Physicians appointed as health officers for cities and counties shall receive reasonable compensation for their services, to be allowed by the councils, or fiscal courts of the cities or counties, and to be paid as other city and county officers are paid, and such officers may be removed at any time by the local boards appointing them. It shall be the duty of such local authority to transmit to the office of the State board the name and post-office address of each officer appointed by it. Any head of a family who willfully fails or refuses, or any physician who shall fail or refuse, to report to the local board of health cases of cholera, smallpox, yellow fever, scarlet fever, diphtheria, and other epidemic diseases as provided for in section 2055, Kentucky Statutes, Carroll's edition of 1915, shall be fined not less than $10 nor more than $100 for each day he neglects or refuses to report, and repeated failure to report as herein provided, including reports of births and deaths, shall be sufficient cause for the revocation of a physician's certificate to practice medicine in this Commonwealth.

That a county or district health department for the prevention and control of epidemics and communicable sickness, as may be determined by the State board of health, may be created, established, and maintained in and by counties or districts in this Commonwealth in the following manner:

A district for the creation, establishment, and maintenance of a county or district health department may consist of one county, or two or more counties contiguous to each other. The fiscal court of any county, or the body exercising the functions of the fiscal court, may by resolution at a regular session declare that such county shall be a district for the creation, establishment, and maintenance of a county health department, and said fiscal court, upon such resolution being passed, shall at once, out of the funds of the county, appropriate a sufficient amount for the creation, establishment, and maintenance of such a county health department, hereinafter described and set forth and defined. Or, if there are not sufficient funds on hand for such appropriation at the time said resolution is adopted, at the next succeeding county levy such court shall make such levy as will be sufficient to produce the necessary amount of tax for the creation, establishment, and maintenance of said county department of health, and shall further make a levy for the main

tenance of such department of health, and shall annually thereafter make a levy of sufficient amount of tax to pay the annual expenses of maintenance of said county department of health: Provided, That after such resolution is entered, the voters within 30 days may enter their protest against same by filing with the county judge a petition signed by 20 legal voters requesting that the establishment of such county health department be done by the vote of the people of such county as herein provided.

The fiscal courts of two or more contiguous counties may by resolution, which shall be in full force and effect for two years awaiting the action of the fiscal court of one or more contiguous counties to unite in the formation of such a district health department, duly passed by a majority vote of members present, by each court, unite said counties into a district for the purpose of creating, establishing, and maintaining a district department of health for the prevention and control of epidemics and communicable sickness, as determined by the State board of health. Said each court, at the time of passing said resolution shall provide an appropriation for its proportion of the cost of the creation, establishment, and maintenance of such district health department, to be paid by such county, or, if the funds are not on hand for that purpose, shall at the next regular meeting of such fiscal court at which a county levy is made, levy a tax for that purpose, and also levy a tax for the payment of the proportionate part of the annual maintenance of said district department of health, to be paid by such county, and shall thereafter make an annual levy of tax sufficient in amount to pay its proportion of the costs to said county for the succeeding year.

Where two or more counties unite to form such district, the first cost of creating and establishing said district department of health and the cost of the equipment as may be necessary to comply with the provisions of this act shall be paid by the counties comprising the district in proportion to the taxable property of each county as shown by their respective county assessments. The annual expense of maintenance, as set forth in this act, of such district health department, shall be borne by each county reasonably and equitably in such amounts as shall be ascertained under rules and regulations of the State board of health, which rules and regulations shall be such that the expense shall be borne reasonably and equitably by each of the counties in proportion to the amount of the taxable property of each county.

If the fiscal court or body exercising the functions of the fiscal court of any county or counties shall fail or refuse to establish a county or district department of health, as herein authorized, the citizens of any county, or of two or more contiguous counties, may have such county or such contiguous counties established as a county or district department of health in accordance with the provisions of this act in the following manner: A number of legal voters equal to 10 per cent of the total number of votes cast at the last general election of such county may file their petition with the county judge of such county asking that the proposition of establishing such county as a district for the creation, establishment, and maintenance of a county or district department of health for the prevention and control of epidemics and communicable sickness, as determined by the State board of health, be submitted to the voters of said county at the next general election which shall be held in said county: Provided, That such general election does not occur within less than 30 days after the filing of said petition. Each voter signing said petition shall state his full name and address. Upon the filing of said petition with the county judge, he shall enter an order directing the publication in full of such petition in the newspaper having the largest circulation in said county at least once a week for four consecutive weeks next preceding such general

election, and shall further enter an order directing the clerk of the county court to have placed upon the ballot at such election the question, “Are you in favor of establishing a county department of health?" with underneath the words "Yes" followed by a square and "No" followed by a square for the placing of the stencil of the voter. If the majority of those voting on the proposition to establish such county department of health vote "Yes," then said department of health for said county shall be created, established, and maintained. If the contrary, then it shall not. The vote on such question shall be canvassed and returned by the board of election commissioners for such general election, and such election may be contested as provided by law for other contested elections by a petition filed in the circuit court of such county by one or more qualified voters of said county who vote "Yes" or "No" as the contest may be had, and to which the members of the fiscal court of the county shall be made defendants, together with such other qualifiel voters as may have voted contrary to the contestants and desire to be made parties to the contest.

Where the citizens of two or more contiguous counties desire to have created. established, and maintained a district department of health for the prevention and control of epidemics and unnecessary sickness in said counties, not less than 20 qualified legal voters of each county shall file a petition in the county of their residence asking that such a district départment of health be created, established, and maintained, naming the several counties to be united in creat ing, establishing, and maintaining such a district department of health. Suca petitions shall be filed in each county of the proposed district department of health, and the method of proceeding in each shall be the same as hereinabove provided for one county, except that the same proceeding shall be taken in each county for the general election to be held at the same time in enca county, and the question placed upon the ballot shall read: "Are you in favor of establishing a district department of health?" If any one of said counties in the proposed district shall fail to vote "Yes" on the proposition, then said district department of health can not be established unless by a contest of the election in such county it should be finally determined that such county had voted "Yes." At the time of filing the petition or petitions, as the case may be, the petitioners shall deposit with the county judge a sufficient sum of money to pay the cost of advertising hereinabove required.

The result of any county election for the creation, establishment, and maintenance of a county or district department of health shall be certified to the fiscal court of such county or to the fiscal court of each of the counties in which said department of health is to be created, established, and maintained. and said fiscal court or courts shall, if the result of said election be certified to it or them as in favor of the creation, establishment, and maintenance of said county or district department of health, forthwith proceed to declare such county or counties a district for the establishment of a county or district de partment of health, and shall proceed to put same into effect in the same manner as a fiscal court of courts are authorized to do upon their own initiative as here inabove provided, and the cost and expenses of its creation, establishment, and maintenance shall follow in all manners the same as hereinabove provided. Upon the creation of such county or district department of health, the fiscal court of the county, or the fiscal courts of the several counties, where more than one county took action as herein provided to create, establish, and maintain a district health department, shall at once notify the State board of health of the action of the county or counties to create, establish, and maintain a county or district health department.