202A.006 Title.

This chapter may be cited as the "Kentucky Mental Health Hospitalization Act."

Effective: July 15, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 32, effective July 15, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall

become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a

reason be set forth for the emergency. However, no reason is set forth in this Act.

The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.008 Authority for administrative regulations.

The cabinet may promulgate administrative regulations in accordance with KRS Chapter 13A in

order to carry out the provisions of this chapter.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 498, sec. 20, effective July 15, 1994.

 

202A.011 Definitions for chapter.

As used in this chapter, unless the context otherwise requires:

(1)        "Authorized staff physician" means a physician who is a bona fide member of the hospital's medical staff;

(2)        "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including actions which deprive self, family, or others of the basic means of survival including provision for reasonable shelter, food, or clothing;

(3)        "Cabinet" means the Kentucky Cabinet for Health Services;

(4)        "Psychiatric facility" means a crisis stabilization unit or any facility licensed by the cabinet and which provides inpatient, outpatient, psychosocial rehabilitation, emergency, and consultation and education services for the diagnosis and treatment of persons who have a mental illness;

(5)        "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for mentally ill or mentally retarded persons who have been charged with or convicted of a felony;

(6)        "Hospital" means:

(a)        A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the Kentucky Cabinet for Health Services as equipped to provide full-time residential care and treatment for mentally ill or mentally retarded persons;

(b)        A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for mentally ill or mentally retarded persons;

(7)        "Judge" means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5.030;

(8)        "Least restrictive alternative mode of treatment" means that treatment which will give a mentally ill individual a realistic opportunity to improve the individual's level of functioning, consistent with accepted professional practice in the least confining setting available;

(9)        "Mentally ill person" means a person with substantially impaired capacity to use self-control, judgment, or discretion in the conduct of the person's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors;

(10) "Patient" means a person under observation, care, or treatment in a hospital pursuant to the provisions of this chapter;

(11) "Petitioner" means a person who institutes a proceeding under this chapter;

(12) "Qualified mental health professional" means:

(13) "Residence" means legal residence as determined by applicable principles governing conflicts of law;

(14) "Respondent" means a person alleged in a hearing under this chapter to be a mentally ill or mentally retarded person;

(15) "Secretary" means the secretary of the Cabinet for Health Services. Effective: March 28, 2002 History: Amended 2002 Ky. Acts ch. 99, sec. 1, effective March 28, 2002. -- Amended

 

(a)

A physician licensed under the laws of Kentucky to practice medicine or

 

osteopathy, or a medical officer of the government of the United States while

 

engaged in the performance of official duties;

(b)

A psychiatrist licensed under the laws of Kentucky to practice medicine or

 

osteopathy, or a medical officer of the government of the United States while

 

engaged in the practice of official duties, who is certified or eligible to apply for

 

certification by the American Board of Psychiatry and Neurology, Inc.;

(c)

A psychologist with the health service provider designation, a psychological

 

practitioner, a certified psychologist, or a psychological associate, licensed under

 

the provisions of KRS Chapter 319;

(d)

A licensed registered nurse with a master's degree in psychiatric nursing from an

 

accredited institution and two (2) years of clinical experience with mentally ill

 

persons, or a licensed registered nurse, with a bachelor's degree in nursing from an

 

accredited institution, who is certified as a psychiatric and mental health nurse by the

 

American Nurses Association and who has three (3) years of inpatient or outpatient

 

clinical experience in psychiatric nursing and is currently employed by a hospital or

 

forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a

 

general hospital or a private agency or company engaged in the provision of mental

 

health services or a regional community mental health and mental retardation

 

program;

(e)

A licensed clinical social worker licensed under the provisions of KRS 335.100, or

 

a certified social worker licensed under the provisions of KRS 335.080 with three

 

(3) years of inpatient or outpatient clinical experience in psychiatric social work and

 

currently employed by a hospital or forensic psychiatric facility licensed by the

 

Commonwealth or a psychiatric unit of a general hospital or a private agency or

 

company engaged in the provision of mental health services or a regional community

 

mental health and mental retardation program;

(f)

A marriage and family therapist licensed under the provisions of KRS 335.300 to

 

335.399 with three (3) years of inpatient or outpatient clinical experience in

 

psychiatric mental health practice and currently employed by a hospital or forensic

 

facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a

 

private agency or company engaged in providing mental health services, or a

 

regional community mental health and mental retardation program; or

(g)

A professional counselor credentialed under the provisions of KRS Chapter

 

335.500 to 335.599 with three (3) years of inpatient or outpatient clinical

 

experience in psychiatric mental health practice and currently employed by a

 

hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a

 

general hospital, a private agency or company engaged in providing mental health

 

services, or a regional community mental health and mental retardation program;

 

1998 Ky. Acts ch. 426, sec. 177, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, sec. 19, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 498, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 1, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 1, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.012 Application of KRS Chapter 202A.

This chapter shall not apply to persons under eighteen (18) years of age unless specifically

authorized by the Kentucky Unified Juvenile Code.

Effective: July 1, 1987

History: Created 1986 Ky. Acts ch. 423, sec. 184, effective July 1, 1987.

 

202A.014 Jurisdiction.

All proceedings for the involuntary hospitalization of mentally ill persons shall be initiated in the District Court of the county where the person to be hospitalized resides or in which he may be at the time of the filing of a petition.

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 3, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.016 Duty of county attorney.

In all proceedings under this chapter, it shall be the duty of the county attorney to assist the petitioner and represent the interest of the Commonwealth and to assist the court in its inquiry by the presentation of evidence.

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 18, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.021 Hospitalization of minors -- Admission or discharge of voluntary patients.

(1)        The hospitalization of minors alleged to be mentally ill, except those provided for in KRS Chapter 640, shall be governed by KRS Chapter 645.

(2)        An authorized staff physician of a hospital may admit for observation, diagnosis, care and treatment any person who is mentally ill or who has symptoms of mental illness and who applies voluntarily therefor.

(3)        An authorized staff physician of a hospital shall discharge any voluntary patient who has recovered or whose hospitalization the staff physician determines to be no longer necessary or advisable.

(4)        A voluntary patient shall be released upon the patient's written request unless further

 

detained under the applicable provisions of this chapter.

Effective: July 15, 1988

History: Amended 1988 Ky. Acts ch. 139, sec. 2, effective July 15, 1988. -- Amended

1986 Ky. Acts ch. 423, sec. 195, effective July 1, 1987. -- Created 1982 Ky. Acts

ch. 445, sec. 2, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.026 Criteria for involuntary hospitalization.

No person shall be involuntarily hospitalized unless such person is a mentally ill person:

(1)        Who presents a danger or threat of danger to self, family or others as a result of the mental illness;

(2)        Who can reasonably benefit from treatment; and

(3)        For whom hospitalization is the least restrictive alternative mode of treatment presently

 

available.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 4, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.028 Hospitalization by court order -- Transportation -- Release.

(1)        Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-two (72) hours, excluding weekends and holidays. For the purposes of this section, the qualified mental health professional shall be a staff member of a regional community mental health or mental retardation program, unless the person to be examined is hospitalized and under the care of a licensed psychiatrist, in which case the qualified mental health professional shall be the psychiatrist if the psychiatrist is ordered, subject to the court's discretion, to perform the required examination.

(2)        Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding weekends and holidays, unless further held under the applicable provisions of this chapter.

(3)        Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person's home county by the sheriff of that county or other peace officer as ordered by the court. The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital. The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet, pursuant to KRS Chapter 13A.

(4)        Any person released from the hospital under subsection (2) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person. The transportation cost of transporting the patient to the patient's county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation issued by the cabinet pursuant to KRS Chapter 13A.

(5)        No person who has been held under subsection (1) of this section shall be held in jail

 

pending evaluation and transportation to the hospital.

Effective: July 14, 2000

History: Amended 2000 Ky. Acts ch. 487, sec. 1, effective July 14, 2000. -- Amended

1994 Ky. Acts ch. 498, sec. 2, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 139, sec. 3, effective July 15, 1988.

 

202A.031 Seventy-two hour emergency admission.

(1)        An authorized staff physician may order the admission of any person who is present at, or is presented at, a hospital. Within twenty-four (24) hours (excluding weekends and holidays) of the admission under this section, the authorized staff physician ordering the admission of the individual shall certify in the record of the individual that in his opinion the individual should be involuntarily hospitalized.

(2)        Any individual who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours (excluding weekends and holidays) unless further detained under the applicable provisions of this chapter.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 5, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.041 Warrantless arrest and subsequent proceedings.

(1)        Any peace officer who has reasonable grounds to believe that an individual is mentally ill and presents a danger or threat of danger to self, family, or others if not restrained shall take the individual into custody and transport the individual without unnecessary delay to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation to be conducted by a qualified mental health professional. Upon transport of the person to the hospital or psychiatric facility, the peace officer shall provide written documentation which describes the behavior of the person which caused the peace officer to take the person into custody. If, after evaluation, the qualified mental health professional finds that the person does not meet the criteria for involuntary hospitalization, the person shall be released immediately and transported back to the person's home county by an appropriate means of transportation as provided in KRS 202A.101. If, after evaluation, the qualified mental health professional finds that the person meets the criteria for involuntary hospitalization, appropriate proceedings under this chapter shall be initiated. The person may be held pending certification by a qualified mental health professional and implementation of procedures as provided in KRS 202A.028, 202A.031, or 202A.051 for a period not to exceed eighteen (18) hours.

(2)        If, after the evaluation, the qualified mental health professional finds that the person does not meet the criteria for involuntary hospitalization and the peace officer has probable cause to believe that the person has committed a criminal offense, the peace officer may swear out a warrant and take the arrested person without unnecessary delay before a judge.

 

Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 3, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 4, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 6, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

202A.051 Proceedings for 60-day and 360-day involuntary hospitalizations -- Petition

contents.

(1)

Proceedings for sixty (60) days or three hundred sixty (360) days of involuntary

 

hospitalization of an individual shall be initiated by the filing of a verified petition in District

 

Court.

(2)

The petition and all subsequent court documents shall be entitled: "In the interest of (name

 

of respondent)."

(3)

The petition shall be filed by a qualified mental health professional, peace officer, county

 

attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of the individual

 

concerning whom the petition is filed, or any other interested person.

(4)

The petition shall set forth:

 

(a)

Petitioner's relationship to the respondent;

 

(b)

Respondent's name, residence, and current location, if known;

 

(c)

The name and residence of respondent's parents, if living and if known, or

 

respondent's legal guardian, if any and if known;

 

(d)

The name and residence of respondent's husband or wife, if any and if known;

 

(e)

The name and residence of the person having custody of the respondent, if any, or if

 

no such person is known, the name and residence of a near relative or that the

 

person is unknown;

 

(f)

Petitioner's belief, including the factual basis therefor, that the respondent is mentally

 

ill and presents a danger or threat of danger to self, family or others if not restrained;

 

and

 

(g)

If the petition seeks a three hundred sixty (360) day involuntary hospitalization of

 

the respondent, the petition shall further set forth that the respondent has been

 

hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30)

 

days under the provisions of this chapter or KRS Chapter 504 within the preceding

 

six (6) months.

(5)

Upon receipt of the petition, the court shall examine the petitioner under oath as to the

 

contents of the petition. If the petitioner is a qualified mental health professional, the court

 

may dispense with the examination.

(6)

If after reviewing the allegations contained in the petition and examining the petitioner

 

under oath, it appears to the court that there is probable cause to believe the respondent

 

should be involuntarily hospitalized, the court shall, unless either the court or one (1) of the

 

parties objects, implement the procedures provided in KRS 202A.028 and order the

 

individual to be examined without unnecessary delay by a qualified mental health

 

professional. If the person is not being held under the provisions of this chapter, the court

 

may order that the sheriff of the county or other peace officer transport the person to a

 

hospital or psychiatric facility designated by the cabinet for the purpose of the evaluation.

 

The sheriff or other peace officer may, upon agreement of a person authorized by the

 

peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an

 

ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility. Following that, the procedures as set forth in KRS 202A.028 shall be carried out. Otherwise, the court shall:

(a)        Set a date for a preliminary hearing within six (6) days from the date of holding the person under the provisions of this section (excluding holidays and weekends) to determine if there is probable cause to believe the person should be involuntarily hospitalized;

(b)        Notify the respondent, the legal guardian, if any, and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the preliminary hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and

(c)        Cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The qualified mental health professionals shall certify within twenty-four (24) hours (excluding weekends and holidays) their findings.

 

(7)        (a) If the respondent is being presently held under the provisions of this chapter, the court may order further holding of the respondent to accomplish the examination ordered by the court.

(b)        If the respondent is not being presently held under the provisions of this chapter, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or a psychiatric facility designated by the cabinet so that the respondent shall be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The sheriff or other peace officer may authorize, upon agreement of a person authorized by the peace officer, the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility.

(8)        When the court is authorized to issue an order that the respondent be transported to a hospital or psychiatric facility, the court may, in its discretion, issue a summons. A summons so issued shall be directed to the respondent, shall command the respondent to appear at a time and place therein specified where the respondent shall be there examined by two (2) qualified mental health professionals, at least one (1) of whom is a physician, and shall command the respondent's appearance at the preliminary hearing. If a respondent who has been summoned fails to appear for such examination or at the preliminary hearing, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation.

(9)        If upon completion of the preliminary hearing, the court finds there is probable cause to believe the respondent should be involuntarily hospitalized, the court shall order a final hearing within twenty-one (21) days from the date of holding the respondent under the

provisions of this section to determine if the respondent should be involuntarily hospitalized.

(10) If the court finds there is no probable cause, the proceedings against the respondent shall be dismissed, and the respondent shall be released from any holding.

(11) If upon completion of the final hearing, the court finds the respondent should be involuntarily hospitalized, the court shall order the respondent hospitalized in a hospital for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition.

 

Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 4, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 5, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 7, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.053 Venue.

(1)        A respondent who has been ordered involuntarily hospitalized following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is hospitalized.

(2)        The court of the county where the preliminary hearing was held may, upon its own motion, or shall, upon motion of one (1) of the parties, retain venue over proceedings subsequent to the preliminary hearing.

 

Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 139, sec. 6, effective July 15, 1988.

 

202A.056 Certificate contents -- Fee.

(1)        The certificate referred to in this chapter shall be in the form prescribed by the cabinet. The certificate shall state that the respondent has been examined by each of the qualified mental health professionals making the certificate within twenty-four (24) hours (excluding weekends and holidays) prior to the date of the certificate. It shall state the facts and circumstances upon which the judgment of the examining physician is based and shall be sworn to before a notary or the clerk or judge of the court.

(2)        The examiner shall be entitled to a fee for such examination and certification, to be paid by the county in which the petition is filed, upon a certified copy of an order of allowance made by the court holding the hearing.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 19, effective July 1, 1982.
Legislative Research Commission Note (11/23/93). A prior reference to the "department"

in this statute was changed to "cabinet" pursuant to 1982 Ky. Acts ch. 393, sec. 50(5), and KRS 7.136(2).

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.061 Two certifications required.

In any proceeding for involuntary hospitalization under the applicable provisions of this chapter, if the criteria for involuntary hospitalization are not certified by at least two (2) examining qualified mental health professionals, the court shall, without taking any further action, terminate the proceedings and order the release of the person. The qualified mental health professionals shall certify to the court within twenty-four (24) hours (excluding weekends and holidays) of the examination, their findings and opinions as to whether the person shall be involuntarily hospitalized.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 9, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall

become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a

reason be set forth for the emergency. However, no reason is set forth in this Act.

The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.066 Qualified mental health professional retained by respondent.

A qualified mental health professional retained by the respondent shall be permitted to witness

and participate in any examination of the respondent.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 13, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall

become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a

reason be set forth for the emergency. However, no reason is set forth in this Act.

The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.071 Timing of preliminary and final hearings.

                        (1)        The preliminary hearing shall be held not later than six (6) days (excluding weekends and holidays) from the time of respondent's holding under these proceedings. If the respondent is not held under these proceedings, the preliminary hearing shall be held not later than six

                        (6) days (excluding weekends and holidays) from the time of the examination of therespondent.

(2)        The final hearing shall be held within twenty-one (21) days of the date of the holding or

 

from the date of the examination, if not held.

Effective: July 15, 1994

History: Amended 1994 Ky. Acts ch. 498, sec. 5, effective July 15, 1994. --Amended

1984 Ky. Acts ch. 362, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 445,

sec. 11, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.076 Conduct of hearings.

(1)        The preliminary hearing need not be formal and may include the receiving of the qualified mental health professionals' reports as evidence. The hearing may be held by the court in chambers, at a hospital, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine witnesses who appear and testify against him. The court may exclude all persons not necessary for the conduct of the hearing. The respondent and his attorney may waive respondent's right to a preliminary hearing.

(2)        The final hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent. The hearing may be held by the court in chambers, at a hospital, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine witnesses against him. The manner of proceeding and rules of evidence shall be the same as those in any criminal proceeding including the burden of proof beyond a reasonable doubt. Proceedings shall be heard by a judge unless a party requests a jury trial. Neither the respondent nor the respondent's attorney may waive the respondent's right to a final hearing.

 

Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 7, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 14, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.081 Court-ordered community-based outpatient treatment.

(1)        Following the preliminary hearing but prior to the completion of the final hearing, the court may order the person held in a hospital approved by the cabinet for such purpose for the committing judicial district, or released, upon application and agreement of the parties, for the purpose of community-based outpatient treatment. No person held under this section shall be held in jail unless criminal charges are also pending.

(2)        A hospital shall discharge a patient there held and notify the court and attorneys of record if any authorized staff physician determines that the patient no longer meets the criteria for involuntary hospitalization.

(3)        If a patient is discharged by the hospital pursuant to subsection (2) of this section, then the proceedings against the patient shall be dismissed.

(4)        The release of the person pursuant to subsection (1) of this section for the purpose of community-based outpatient treatment does not terminate the proceedings against the person, and the court ordering such release may order the immediate holding of the person at any time with or without notice if the court believes from an affidavit filed with the court that it is to the best interest of the person or others that the person be held pending the final hearing, which shall be held within twenty-one (21) days of the person's further holding.

(5)        If the person is released pursuant to subsection (1) of this section for the purpose of community-based outpatient treatment, the final hearing may be continued for a period not to exceed sixty (60) days if a provider of outpatient care accepts the respondent for specified outpatient treatment. Community-based outpatient treatment may be ordered for an additional period not to exceed sixty (60) days upon application and agreement of the parties.

 

Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 6, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 8, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 10, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.091 Confidentiality of court records -- Expungement.

(1)        The court records of a respondent made in all proceedings pursuant to KRS Chapter 202A are hereby declared to be confidential and shall not be open to the general public for inspection except when such disclosure is provided in KRS 202A.016.

(2)        Following the discharge of a respondent from a treatment facility or the issuance of a court order denying a petition for a commitment, a respondent may at any time move to have all court records pertaining to the proceedings expunged from the files of the court. The county attorney shall be given notice of any such motion and shall have five (5) days in which to respond to same or request a hearing thereon.

(3)        Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the cause setting out why the information is needed. A District Judge may issue an order to disclose the information sought if he finds such order is appropriate under the circumstances and if he finds it is in the best interest of the person or of the public to have such information disclosed.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 17, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.096 Disclosure of communications.

There shall be no privilege as to any relevant communications between qualified mental health professionals and patients. Qualified mental health professionals are authorized to disclose communications relating to diagnosis and treatment of the patient's mental condition in proceedings under this chapter.

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 31, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.101 Notification of receiving hospital or psychiatric facility -- Transportation of patient.

(1)        The court which orders any person to the receiving hospital or psychiatric facility, under the provisions of this chapter, shall at once notify the receiving hospital or psychiatric facility that such order has been made, advising of the sex and condition of the person.

(2)        After the facility has been so notified, the court shall order the sheriff of the county or other peace officer to transport the patient within forty-eight (48) hours (excluding weekends and holidays) from the county in which the person is located to the hospital or psychiatric facility designated by the cabinet. The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital.

(3)        The transportation costs of transporting a person to a hospital or psychiatric facility, when performed by a peace officer, an ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with administrative regulation promulgated by the cabinet under the provisions of KRS Chapter 13A.

(4)        In returning any patient to the county from which the patient is sent, the transportation cost of the sheriff or other peace officer, the ambulance service, or the other agency on contract with the cabinet transporting the patient shall be paid as provided in KRS 202A.028(4), when necessary.

(5)        Whenever an individual is involuntarily hospitalized by a court order the patient shall be transported to the hospital designated by the cabinet and accompanied by the following documents:

(a)        A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS 202A.041;

(b)        The certificate of qualified mental health professionals; and

(c)        The order of involuntary hospitalization.

(6)        The hospital may refuse to receive any person who has been ordered to be involuntarily hospitalized by a court order if the papers presented with such person at the hospital do not comply with the provisions of this chapter or if it does not receive notification of the order of involuntary hospitalization as required by this chapter.

 

Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 7, effective July 15, 1994. -- Created 1982 Ky. Acts ch. 445, sec. 20, effective July 1, 1982. Legislative Research Commission Note (11/23/93). Prior references to the "department" in this statute were changed to "cabinet" pursuant to 1982 Ky. Acts. ch. 393, sec. 50(5), and KRS 7.136(2). Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.121 Right to counsel.

Upon the appearance of the person detained pursuant to KRS 202A.041 or upon the filing of a petition pursuant to KRS 202A.051, the court shall appoint an attorney to represent the respondent with such appointment and representation to continue unless the respondent retains private counsel. The appointed attorney shall be forthwith notified by the clerk of the allegations in the petition and the date and purpose of the preliminary hearing.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 8, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall

become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a

reason be set forth for the emergency. However, no reason is set forth in this Act.

The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.131 Right to be present.

The respondent shall be present at all hearings unless the respondent and his attorney intelligently waive respondent's right to be present, or unless the court makes a specific finding after the respondent has been brought to the place of the hearing that the respondent should be removed from the hearing because his conduct is so disruptive that the proceedings cannot continue in any reasonable manner.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 12, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall

become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a

reason be set forth for the emergency. However, no reason is set forth in this Act.

The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.141 Clarification of court orders -- Appeals.

(1)        Hospitals ordered to receive an involuntarily hospitalized person shall have standing to petition the District Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal to the Circuit Court from final judgments or orders entered in proceedings which have not complied with the provisions of this chapter. A copy shall be sent to the involuntarily hospitalized person and the person's attorney of record, if any, of whatever pleadings are filed by the hospital.

(2)        Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the same manner as other appeals from District Court to Circuit Court. This appeal shall be advanced on the Circuit Court docket without motion or notice.

 

Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 8, effective July 15, 1994. --Created 1982 Ky. Acts ch. 445, sec. 15, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

202A.051 Proceedings for 60-day and 360-day involuntary hospitalizations -- Petition

contents.

(1)

Proceedings for sixty (60) days or three hundred sixty (360) days of involuntary

 

hospitalization of an individual shall be initiated by the filing of a verified petition in District

 

Court.

(2)

The petition and all subsequent court documents shall be entitled: "In the interest of (name

 

of respondent)."

(3)

The petition shall be filed by a qualified mental health professional, peace officer, county

 

attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of the individual

 

concerning whom the petition is filed, or any other interested person.

(4)

The petition shall set forth:

 

(a)

Petitioner's relationship to the respondent;

 

(b)

Respondent's name, residence, and current location, if known;

 

(c)

The name and residence of respondent's parents, if living and if known, or

 

respondent's legal guardian, if any and if known;

 

(d)

The name and residence of respondent's husband or wife, if any and if known;

 

(e)

The name and residence of the person having custody of the respondent, if any, or if

 

no such person is known, the name and residence of a near relative or that the

 

person is unknown;

 

(f)

Petitioner's belief, including the factual basis therefor, that the respondent is mentally

 

ill and presents a danger or threat of danger to self, family or others if not restrained;

 

and

 

(g)

If the petition seeks a three hundred sixty (360) day involuntary hospitalization of

 

the respondent, the petition shall further set forth that the respondent has been

 

hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30)

 

days under the provisions of this chapter or KRS Chapter 504 within the preceding

 

six (6) months.

(5)

Upon receipt of the petition, the court shall examine the petitioner under oath as to the

 

contents of the petition. If the petitioner is a qualified mental health professional, the court

 

may dispense with the examination.

(6)

If after reviewing the allegations contained in the petition and examining the petitioner

 

under oath, it appears to the court that there is probable cause to believe the respondent

 

should be involuntarily hospitalized, the court shall, unless either the court or one (1) of the

 

parties objects, implement the procedures provided in KRS 202A.028 and order the

 

individual to be examined without unnecessary delay by a qualified mental health

 

professional. If the person is not being held under the provisions of this chapter, the court

 

may order that the sheriff of the county or other peace officer transport the person to a

 

hospital or psychiatric facility designated by the cabinet for the purpose of the evaluation.

 

The sheriff or other peace officer may, upon agreement of a person authorized by the

 

peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an

 

ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility. Following that, the procedures as set forth in KRS 202A.028 shall be carried out. Otherwise, the court shall:

(a)        Set a date for a preliminary hearing within six (6) days from the date of holding the person under the provisions of this section (excluding holidays and weekends) to determine if there is probable cause to believe the person should be involuntarily hospitalized;

(b)        Notify the respondent, the legal guardian, if any, and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the preliminary hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and

(c)        Cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The qualified mental health professionals shall certify within twenty-four (24) hours (excluding weekends and holidays) their findings.

 

(7)        (a) If the respondent is being presently held under the provisions of this chapter, the court may order further holding of the respondent to accomplish the examination ordered by the court.

(b)        If the respondent is not being presently held under the provisions of this chapter, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or a psychiatric facility designated by the cabinet so that the respondent shall be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The sheriff or other peace officer may authorize, upon agreement of a person authorized by the peace officer, the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility.

(8)        When the court is authorized to issue an order that the respondent be transported to a hospital or psychiatric facility, the court may, in its discretion, issue a summons. A summons so issued shall be directed to the respondent, shall command the respondent to appear at a time and place therein specified where the respondent shall be there examined by two (2) qualified mental health professionals, at least one (1) of whom is a physician, and shall command the respondent's appearance at the preliminary hearing. If a respondent who has been summoned fails to appear for such examination or at the preliminary hearing, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation.

(9)        If upon completion of the preliminary hearing, the court finds there is probable cause to believe the respondent should be involuntarily hospitalized, the court shall order a final hearing within twenty-one (21) days from the date of holding the respondent under the

provisions of this section to determine if the respondent should be involuntarily hospitalized.

(10) If the court finds there is no probable cause, the proceedings against the respondent shall be dismissed, and the respondent shall be released from any holding.

(11) If upon completion of the final hearing, the court finds the respondent should be involuntarily hospitalized, the court shall order the respondent hospitalized in a hospital for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition.

 

Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 4, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 5, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 7, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.161 Timing of initial examination and report.

Any person admitted to a hospital pursuant to the provisions of this chapter shall be initially examined by an authorized staff physician of the hospital or, with permission of the facility's governing body and in accordance with the applicable provisions of the facility's medical staff bylaws, policies, and procedures, a physician assistant as defined in KRS 311.550, or an advanced registered nurse practitioner licensed under KRS Chapter 314 as soon as practicable but not later than thirty-six (36) hours (excluding weekends and holidays) and a report entered into the medical record not later than forty-eight (48) hours (excluding weekends and holidays) after his admission.

Effective: July 14, 2000 History: Amended 2000 Ky. Acts ch. 422, sec. 1, effective July 14, 2000. -- Created 1982 Ky. Acts ch. 445, sec. 21, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.171 When discharge is required.

An authorized staff physician of a hospital shall discharge an involuntary patient when he no

longer meets the criteria for involuntary hospitalization.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 22, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall

become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a

reason be set forth for the emergency. However, no reason is set forth in this Act.

The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.181 Convalescent leave status.

(1)        An authorized staff physician may release an involuntary patient on convalescent leave status when the physician concludes that the patient would not present a danger or a threat of danger to self or others if provided with continued medical supervision in a less restrictive alternative mode of treatment. Release on convalescent leave status shall include notification to the hospitalizing court. Release on convalescent leave status does not terminate the involuntary hospitalization order and shall include provisions for the development of a treatment plan jointly by the hospital and by a provider of outpatient care for follow-up care by the provider and for the continual monitoring of that patient's condition by the provider.

(2)        The hospital from which such patient is given convalescent leave status may at any time readmit the patient without additional court proceedings. If there is reason to believe that it is to the best interest of the patient to be rehospitalized, the secretary or an authorized staff physician of the hospital may issue an order for the immediate rehospitalization of the patient. Such an order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the patient is a resident or is present, authorize any health or police officer to take the patient into custody and transport him to the responsible hospital. Notice of rehospitalization under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the rehospitalization if possible.

(3)        Release on convalescent leave status shall not apply to persons held under hospitalization orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained.

 

Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 9, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 23, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.185 Peace officer authorized to arrest and return patient to hospital.

If a patient undergoing involuntary treatment on an inpatient basis is absent from the hospital without, or in excess of authorization from the hospital staff, the person in charge or that person's designee may contact the appropriate sheriff or other peace officers who shall take the patient into custody and return the patient to the hospital.

Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 139, sec. 11, effective July 15, 1988.

 

202A.191 Rights of hospitalized patients.

(1)        Each and every patient hospitalized under this chapter shall have the following rights:

(a)        The right to be adequately informed as to their individual treatment program;

(b)        The right to assist in the planning of their treatment program;

(c)        The right to refuse treatment subject to the provisions of KRS 202A.196;

(d)        The right to maintain, keep, and use personal possessions and money;

(e)        The right to receive visitors;

(f)         The right to receive payment for work performed on behalf of the hospital;

(g)        The right to refuse intrusive treatment subject to the provisions of KRS 202A.196;

(h)        The right to be free from unreasonable use of seclusion and restraint;

(i)         The right to seek relief from participating in their treatment plan.

(2)        The secretary shall adopt rules and regulations for the proper administration and enforcement of this chapter. Such regulations shall be filed with the Legislative Research Commission as provided in KRS Chapter 13A.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 27, effective July 1, 1982.
Legislative Research Commission Note (10/5/90). Pursuant to KRS 7.136(1), KRS Chapter

13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, sec. 36 and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.196 Hospital review committee -- Treatment plan.

(1)        Every hospital approved under the provisions of this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. This review committee shall have the authority to review the appropriateness of a patient's individual treatment plan.

(2)        Upon the refusal of an involuntary patient to participate in any or all aspects of his treatment plan, the review committee shall examine the appropriateness of the patient's individual treatment plan. Within three (3) days of the refusal, the review committee shall meet with the patient and his counsel or other representative to discuss its recommendations.

(3)        If the patient still refuses to participate in any or all aspects of his individual treatment plan, the hospital may petition the District Court for a de novo determination of the appropriateness of the proposed treatment. Within seven (7) days, the court shall conduct a hearing, consistent with the patient's rights to due process of law, and shall utilize the following factors in reaching its determination:

(a)        Whether the treatment is necessary to protect the patient or others from harm;

(b)        Whether the patient is incapable of giving informed consent to the proposed treatment;

(c)        Whether any less restrictive alternative treatment exists; and

(d)        Whether the proposed treatment carries any risk of permanent side effects.

(4)        Upon the completion of the hearing, the court shall enter an appropriate judgment. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 12, effective July 15, 1988. -- Created 1982

 

Ky. Acts ch. 445, sec. 28, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.201 Mentally ill inmates.

(1)        When an inmate of any penal and correctional institution is reported by the staff of that institution to the Department of Corrections as being so mentally ill that he cannot be properly treated with the facilities at the disposal of the staff, the Department of Corrections shall have an examination conducted on the inmate by a mental health professional.

(2)        If this examination reveals that the inmate is mentally ill and appropriate treatment cannot be properly carried out in the institution in which he is incarcerated or within the facilities at the disposal of the Department of Corrections, the commissioner of the Department of Corrections may then request of the secretary of the Cabinet for Health Services the inmate's transfer to a hospital or forensic psychiatric facility. If the secretary of the Cabinet for Health Services agrees that a transfer is necessary, the person shall be transferred to a Cabinet for Health Services facility designated by the secretary of the Cabinet for Health Services, where the person shall remain until the staff of the facility which received him advises the commissioner of the Department of Corrections that the person's condition is such that he may be returned to the institution from which he came. No transfer shall be made to a correctional facility located on the grounds of a state mental hospital. The commissioner of the Department of Corrections shall then authorize his return. If the prisoner's sentence expires during his stay in the facility and he is still in need of involuntary hospitalization, the staff of the facility shall petition the applicable District Court for further involuntary hospitalization of the patient under provisions of this chapter.

(3)        Prior to the issuance of an order of transfer and unless the prisoner voluntarily agrees to the transfer, the commissioner shall:

(a)        Send written notice to the prisoner that a transfer to a hospital or forensic psychiatric facility is being considered in sufficient time to permit the prisoner to prepare for the hearing;

(b)        Hold a hearing at which time the prisoner is made aware of the evidence being relied upon for the transfer and at which an opportunity to be heard in person and to present documentary evidence is given;

(c)        Provide an opportunity at the hearing to the prisoner to present testimony of witnesses and to confront and cross-examine witnesses called by the Department of Corrections, except upon a finding, not arbitrarily made, of good cause for not permitting the presentation;

(d)        Provide an independent decision maker who has not participated in the request for transfer to a hospital or forensic psychiatric facility;

(e)        Issue a written statement by the fact finder as to the evidence relied on and the reasons for transferring the prisoner; and

(f)         Provide effective and timely notice of all the foregoing rights.

(4)        During the time of the prisoner's stay in a facility, his legal status as a prisoner shall remain unchanged until the termination of his sentence. The facility staff shall have no authority to parole, grant permission to visit relatives or friends outside the facility, or discharge the

 

individual unless otherwise agreed to by the Department of Corrections. The time the prisoner spends in the facility shall be counted as a part of the prisoner's sentence. Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 426, sec. 178, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 418, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 72, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 139, sec. 13, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 331, sec. 33, effective July 15, 1986; and ch. 428, sec. 6, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 445, sec. 29, effective July 1, 1982. Legislative Research Commission Note . This section was enacted in 1982 Acts, ch. 445, which contains the following language in sec. 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.202 Transfer of mentally ill or mentally retarded patients between facilities.

(1)        The cabinet may transfer mentally ill or mentally retarded patients between hospitals, between hospitals and forensic psychiatric facilities, between hospitals and mental retardation residential treatment centers, between mental retardation residential treatment centers, and between mental retardation residential treatment centers and forensic psychiatric facilities. A transfer shall be made upon the mutual agreement of the administrative officer, the officer's designated representative or an authorized staff physician of each facility, if the agreement is based upon one (1) of the following findings by the officers, representatives or physicians:

(a)        That the transfer will improve the opportunities of the patient to receive care and treatment most likely to be of benefit to the patient;

(b)        That the transfer will permit the patient to receive care and treatment in the least restrictive alternative mode of treatment, considering the degree of danger or threat of danger to self or others which the patient presents; or

(c)        That the transfer is part of an individual treatment plan which has been reviewed and approved by a court.

(2)        The patient or his guardian or designated family member prior to transfer, shall receive notice of said proposed transfer and shall be allowed to challenge the transfer as part of his individual treatment plan under the provisions of KRS 202A.191, 202A.196, and KRS 210.270.

(3)        In an emergency situation where the patient presents a danger of serious injury or death to self or others within the institution so as to require immediate transfer to a more secure facility and which condition cannot be treated or resolved within a reasonable period of time in the present facility, the secretary may immediately transfer the patient to a more secure facility while the appeal provisions described in subsection (2) of this section are being carried out. In this event counsel shall be provided to the patient within three (3) days.

 

Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 139, sec. 10, effective July 15, 1988.

 

202A.211 Return of Kentucky residents from other states.

(1)        Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily hospitalized may be immediately admitted to a hospital at the request of the secretary or his designated representative.

(2)        Within seventy-two (72) hours (excluding weekends and holidays) of the admission date, the staff of the hospital shall determine the need of the person for further hospitalization. If two (2) qualified mental health professionals, at least one (1) of whom is a physician, conclude that the patient shall be involuntarily hospitalized, they shall file in the appropriate court a certification requesting involuntary hospitalization procedures be initiated under the provisions of this chapter unless the patient has agreed to remain voluntarily.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 24, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.221 Hospital care or treatment by agency of United States.

(1)        If an individual ordered to be hospitalized pursuant to this chapter is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of certificate from such agency showing that facilities are available and that the individual is eligible for care or treatment therein, may order him to be placed in the custody of such agency for hospitalization. When any such individual is admitted pursuant to the order of such court to any hospital or institution operated by any agency of the United States within or without the state, he shall be subject to the rules and regulations of such agency. The authorized staff physician of any hospital or institution operated by such agency and in which the individual is so hospitalized shall with respect to such individuals be vested with the same powers as the authorized staff physicians of hospitals within the state with respect to detention, custody, transfer, conditional release or discharge of patients. Jurisdiction is retained in the appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized and to determine the necessity for continuance of the hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned.

(2)        An order of court of competent jurisdiction of another state or the District of Columbia authorizing hospitalization of an individual by any agency of the United States shall have the same force and effect as to the individual while in this state as in the jurisdiction in which is situated the court entering the order; the courts or the district issuing the order shall be deemed to have retained jurisdiction of the individual so hospitalized for the purpose of inquiring into his mental condition and determining the necessity for continuance of his hospitalization as is provided in subsection (1) of this section with respect to individuals ordered hospitalized by the courts of this state. Consent is hereby given to the application of the law of the district in which is located the court issuing the order for hospitalization with respect to the authority of the chief officer of any hospital or institution operated in this state by any agency of the United States to retain custody, transfer, conditionally release, or discharge the individual hospitalized.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 25, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.231 Transfer to agency of United States.

(1)        Upon receipt of a certificate of the United States Public Health Service or such other agency of the United States government that facilities are available for the care or treatment of any person heretofore hospitalized in any mental hospital or other institution in this state for the care of mentally ill persons and that such person is eligible for such care or treatment, the secretary, upon recommendation by any such hospital or institution in this state, is hereby authorized to cause the transfer of any such person to the United States Public Health Service or other agency of the United States government for care or treatment. Upon effecting any such transfer, the hospitalizing court shall be notified thereof by the secretary.

(2)        Any person transferred as provided in this section shall be deemed to be placed in the custody of the United States Public Health Service or other agency of the United States government pursuant to the original hospitalization the same as if he had been originally so hospitalized.

(3)        No person shall be transferred to any agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court issuing the confining order shall enter an order to transfer after the motion and hearing. Any person transferred as provided in this section to any agency of the United States shall be hospitalized by such agency pursuant to the original order of hospitalization.

 

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 26, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.241 Use of least restrictive level of restraint -- Guidelines for restrained person's need for privacy and ability to use telephone.

All individuals transporting or holding persons under KRS Chapter 202A, 202B, or 645, shall use the least restrictive level of restraint consistent with the person's needs. The Cabinet for Health Services shall promulgate administrative regulations subject to the provisions of KRS Chapter 13A which shall include guidelines addressing the person's need for privacy, particularly when being restrained, and the person's ability to communicate by phone at the earliest opportunity available.

Effective: July 15, 1998 History: Amended 1998 Ky. Acts ch. 426, sec. 179, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 498, sec. 21, effective July 15, 1994.

 

202A.251 Prohibition against detention in jail without criminal charges pending -­Criminal charges not to be placed to avoid transportation.

No person held under the provisions of this chapter shall be detained in jail unless criminal charges are also pending. No peace officer or any other person shall place criminal charges against a person who is mentally ill and in need of hospitalization pursuant to this chapter solely or primarily for the purpose of avoiding transporting the person to a hospital or psychiatric facility.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 498, sec. 9, effective July 15, 1994.

 

202A.261 Certain hospitals not to be required to provide services.

No public or private hospital, other than a state-operated or contracted mental hospital or institution, shall be required to provide services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280 unless the hospital agrees to provide the services. Any hospital shall make every reasonable attempt to cooperate with the implementation of KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 498, sec. 10, effective July 15, 1994.

 

202A.271 Rates for payment for provision of hospital services.

Each public or private hospital, other than a state-operated or contracted mental hospital or institution, which provides services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280 shall be paid for the services at the same rates the hospital negotiates with the Department for Mental Health and Mental Retardation Services or the regional community mental health and mental retardation program.

Effective: July 15, 1994

History: Created 1994 Ky. Acts ch. 498, sec. 11, effective July 15, 1994.

 

202A.301 Exemption from personal liability.

Persons carrying out duties or rendering professional opinions as provided in this chapter shall be free of personal liability for such actions, provided that such activities are performed in good faith within the scope of their professional duties and in a manner consistent with accepted professional practices.

Effective: July 1, 1982
History: Created 1982 Ky. Acts ch. 445, sec. 30, effective July 1, 1982.
Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

 

202A.400 Duty of mental health professional to warn intended victim of patient's threat of violence.

(1)        No monetary liability and no cause of action shall arise against any mental health professional for failing to predict, warn of or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental health professional an actual threat of physical violence against a clearly identified or reasonably identifiable victim, or unless the patient has communicated to the mental health professional an actual threat of some specific violent act.

(2)        The duty to warn of or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in subsection (1) of this section. The duty to warn a clearly or reasonably identifiable victim shall be discharged by the mental health professional if reasonable efforts are made to communicate the threat to the victim, and to notify the police department closest to the patient's and the victim's residence of the threat of violence. When the patient has communicated to the mental health professional an actual threat of some specific violent act and no particular victim is identifiable, the duty to warn has been discharged if reasonable efforts are made to communicate the threat to law enforcement authorities. The duty to take reasonable precaution to provide protection from violent behavior shall be satisfied if reasonable efforts are made to seek civil commitment of the patient under this chapter.

(3)        No monetary liability and no cause of action shall arise against any mental health professional for confidences disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section according to the provisions of subsection (2) of this section.

(4)        For purposes of this section, "mental health professional" means:

(a)        A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in conducting mental health services;

(b)        A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States engaged in conducting mental health services;

(c)        A psychologist, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319;

(d)        A registered nurse licensed under the provisions of KRS Chapter 314 engaged in providing mental health services;

(e)        A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 engaged in providing mental health services;

(f)         A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 engaged in providing mental health services;

 

(g)

A professional counselor credentialed under the provisions of KRS Chapter

 

335.500 to 335.599 engaged in providing mental health services;

(h)

An art therapist certified under KRS 309.130 engaged in providing mental health

 

services; or

(i)

A fee-based pastoral counselor certified under the provisions of KRS 335.600 to

 

335.699 engaged in providing mental health services.

 

Effective:

March 28, 2002

 

History:

Amended 2002 Ky. Acts ch. 99, sec. 3, effective March 28, 2002. -- Created 1986

 

Ky. Acts ch. 348, sec. 1, effective July 15, 1986.

 

202A.410 Duty of administrator to warn law enforcement agency, prosecutor, and Department of Corrections upon discharge, transfer, or escape of involuntarily committed patient charged or convicted of a violent crime -- Immunity for acting in good faith -- Notification of victim -- Administrative regulations.

(1)        When a patient who has been involuntarily committed to a psychiatric facility or forensic psychiatric facility and who has been charged with or convicted of a violent crime as defined in KRS 439.3401 is discharged or transferred from the facility, the administrator shall notify the law enforcement agency in the county to which the person is to be released, the prosecutor in the county where the violent crime was committed, and the Department of Corrections.

(2)        If a patient who has been involuntarily committed to a psychiatric facility or forensic psychiatric facility and who has been charged with or convicted of a violent crime as defined in KRS 439.3401 escapes from the facility, the administrator shall notify the law enforcement agency in the county in which the facility is located, the prosecutor in the county where the violent crime was committed, and the Department of Corrections.

(3)        The administrator of a psychiatric facility or forensic psychiatric facility, or the administrator's designee, who acts in good faith in making the notifications required in this section or is unable to provide the release information required, is immune from any civil liability.

(4)        The Department of Corrections shall notify, or contract with a private entity to notify, victims of crime who have made a notification request of the discharge or escape of a patient from a psychiatric facility or forensic psychiatric facility.

(5)        The Department of Corrections and the Cabinet for Health Services shall each promulgate administrative regulations under KRS Chapter 13A to carry out the duties set forth in this statute.

 

Effective: July 15, 1998 History: Created 1998 Ky. Acts ch. 606, sec. 80, effective July 15, 1998.

 

202A.991 Penalties.

(1)     Any person who willfully causes or conspires with or assists another in causing:

(a)        The unwarranted hospitalization of any individual under the provisions of this chapter; or

(b)        The denial of any individual of any of the rights accorded to him under the

 

provisions of this chapter;
shall be guilty of a Class A misdemeanor.

(2)     Any person who violates the confidentiality of any mental health record under the

provisions of this chapter shall be guilty of a Class B misdemeanor.

Effective: July 1, 1982

History: Created 1982 Ky. Acts ch. 445, sec. 33, effective July 1, 1982.

Legislative Research Commission Note . This section was enacted in 1982 Acts, Chapter

445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.