AN ACT relating to water fluoridation programs.

UNOFFICIAL COPY 26 RS HB 103/GA
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AN ACT relating to water fluoridation programs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 211.190 is amended to read as follows: 3
The cabinet shall provide public health services, including: 4
(1) Administrative, consultative, technical, professional, and other services needed to 5
assist local health departments in the effe ctive maintenance and operation of their 6
departments; 7
(2) Administrative, investigative, and clerical services required by the secretary of the 8
Cabinet for Health and Family Services, and may upon request provide these 9
services to any other agency of this Commonwealth authorized to control the 10
practice of any other healing art; 11
(3) Administration of grants, gifts, or contributions from the federal government, or 12
from other sources, for the purpose of carrying out the provisions of Pub. L. No. 13
725 (79th Congress, 2nd Session, chapter 958), or any other acts for the same or 14
similar purposes; 15
(4) Central registrations of births, deaths, and other vital records and the furnishing of 16
copies thereof to the general public in the manner prescribed by law; 17
(5) Statistical services, including the compilation, analysis, and maintenance of 18
statistics on matters related to public health, and may provide these services to 19
organizations and persons interested in public health; 20
(6) Education of the public concerning all matters relating to health, including the 21
publication and dissemination of health information, and the stimulation of citizen 22
support for the promotion and maintenance of high standards of public health 23
throughout the Commonwealth; 24
(7) Survey and study of the needs of medical and hospital facilities in the interest of the 25
health of the general public; 26
(8) Establishment, maintenance, and operation of public health laboratories and such 27
UNOFFICIAL COPY 26 RS HB 103/GA
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HB010310.100 - 161 - XXXX 2/5/2026 2:42 PM GA
branches thereof as may be needed; 1
(9) Establishment, maintenance, and operation of training facilities and schools for 2
employees of the cabinet and of local health departments; 3
(10) Tabulating, duplicating, and other ancillary services as are necessary to the 4
operation of the cabinet, including the keeping of adequate financial, personnel, and 5
other records; and 6
(11) (a) Establishment, maintenance, monitori ng, and enforcement of optional water 7
fluoridation programs for the protection of dental health , participation in 8
which shall solely be decided by the governing body of a water system that is 9
subject to regulation by the cabinet. 10
(b) A fluoridation progra m for a water system in place on the effective date of 11
this Act shall continue until action is taken by its governing body to end its 12
participation. 13
(c) Any decision made by the governing body of a water system regarding its 14
participation in a water fluor idation program established under this 15
subsection shall be binding on all water systems whose water is supplied by 16
that water system. 17
(d) A governing body, a member or employee of a governing body, or any 18
public entity or person that may be held liable for the actions of a governing 19
body of a water system that makes a decision at any time under this 20
subsection to continue its participation, end its participation, or to begin 21
participation in an optional water fluoridation program shall be immune 22
from liability under KRS 65.2003 in any civil or criminal action for both its 23
exercise of discretion regarding the water system's optional participation in 24
the program and for any discretionary act or acts performed to implement 25
its decision regarding its optional participation. 26