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 pr