65-205. Whenever it shall be determined that the public health and sanitation of any city or county may be best promoted by the creation of a joint board of health for any two or more cities, counties or city and county the governing bodies of such municipalities may so declare by resolution and may, by agreement with each other, establish a joint board of health with the same powers, duties, and limitations as are now or hereafter may be provided by law for the creation and conduct of boards of health to act severally in such municipalities. Upon the creation of any such board of health all the jurisdiction, powers and duties now conferred by law upon any local, municipal or county board of health shall be withdrawn from such local, municipal or county board of health and conferred upon the joint board of health. In all counties having a population of more than 300,000 such board of health existing on July 1, 1974, is hereby abolished and in its place a joint board is hereby created and shall consist of 11 persons who shall be appointed as follows:
Five members, one of whom shall be a medical doctor who is duly licensed to practice in the state of Kansas, shall be appointed by the governing body of the first-class city located within such county; five members, one of whom shall be a psychiatrist who is duly licensed to practice in the state of Kansas, shall be appointed by the board of county commissioners, and one member shall be appointed by the chief district judge of such county, and such member shall be a pharmacist duly licensed under the laws of the state of Kansas. Such members shall hold such office for a term of four years and until their successors are appointed and qualified, except that the members of the first board appointed on or after July 1, 1974, shall hold their offices for terms as follows: Three members appointed by the governing body of the first-class city located within such county for a term of one year and two members appointed by such governing body for terms of three years; three members appointed by the board of county commissioners of such county for terms of four years and two members appointed by such board of county commissioners for terms of two years; one member appointed by the chief district judge of such county for a term of two years, and the appointing authority, appointing more than one member, shall designate the term for which each is to serve. Such members shall be eligible for reappointment, but at no time shall a majority of such board be composed of medical doctors. The actions of such board shall be subject to the approval of the governing bodies of the city and county sitting en banc and such governing bodies may, while sitting en banc, provide by mutual agreement and resolution, rules and regulations for the operation of such joint board of health. All the powers, duties and functions conferred or imposed by law upon such joint board of health in existence prior to July 1, 1974, and abolished by the provisions of this act, are hereby transferred and conferred upon the joint board of health created by this act.
History: L. 1943, ch. 223, § 1; L. 1961, ch. 282, § 1; L. 1974, ch. 249, § 1; L. 1976, ch. 145, § 210; L. 1999, ch. 57, § 62; July 1.
Attorney General's Opinions:
Local boards of health - joint board; use of funds. 84-3.
Joint city and county board of health; agreement. 84-46.
Joint city-county board of health; agreement; ability of city to fund county board of health. 92-62.
Absent home rule power, multi-county joint board of health has no power to assess fees. 1999-63.
CASE ANNOTATIONS
1. Cited in holding decision of city and county commissions to bar board of health from contracting for family planning services involved state action under federal law and constitution. Planned Parenthood of Kansas v. City of Wichita, 729 F. Supp. 1282, 1291 (1990).
2. Whether city-county board of health has the capacity to sue or be sued examined. Lindenman v. Umscheid, 255 Kan. 610, 630, 875 P.2d 964 (1994).
LEGISLATIVE COORDINATING COUNCIL
12/17/2024
Meeting Notice Agenda
12/02/2024 Meeting Notice Agenda 11/14/2024 Meeting Notice Agenda 10/23/2024 Meeting Notice Agenda 09/09/2024 Meeting Notice Agenda 08/21/2024 Meeting Notice Agenda LCC Policies REVISOR OF STATUTES
Chapter 72 Statute Transfer List
Kansas School Equity & Enhancement Act Gannon v. State A Summary of Special Sessions in Kansas Bill Brief for Senate Bill No. 1 Bill Brief for House Bill No. 2001 2024 New, Amended & Repealed Statutes By Bill 2024 New, Amended & Repealed Statutes By KSA 2023 New, Amended & Repealed Statutes By Bill 2023 New, Amended & Repealed Statutes By KSA USEFUL LINKS
Session Laws
OTHER LEGISLATIVE SITES
Kansas LegislatureAdministrative Services Division of Post Audit Research Department |