STATE AND REGIONAL MENTAL HEALTH PROGRAMS

KRS tit. XVIII, ch. 210

in effect

KRS 210.005 Definitions for chapter

210.005. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Chronic" means that clinically significant symptoms of mental illness have persisted in the individual for a continuous period of at least two (2) years, or that the individual has been hospitalized for mental illness more than once in the last two (2) years, and that the individual is presently significantly impaired in his ability to function socially or occupationally, or both; (3) "Deaf or hard-of-hearing" means having a hearing impairment so that a person cannot hear and understand speech clearly through the ear alone, irrespective of the use of any hearing aid device; (4) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period; (5) "Mental illness" means a diagnostic term that covers many clinical categories, typically including behavioral or psychological symptoms, or both, along with impairment of personal and social function, and specifically defined and clinically interpreted through reference to criteria contained in the Diagnostic and Statistical Manual of Mental Disorders (Third Edition) and any subsequent revision thereto, of the American Psychiatric Association; (6) "Regional community services program" means a community services program for mental health or individuals with an intellectual disability established in accordance with this chapter, a community mental health center, a certified community behavioral health clinic, or a certified eligible community behavioral health clinic; and (7) "Secretary" means the secretary of the Cabinet for Health and Family Services. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 184, sec. 1, effective June 29, 2023. -- Amended 2012 Ky. Acts ch. 146, sec. 67, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 298, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 243, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 340, sec. 2, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 283, sec. 6, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 428, sec. 1, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 210, sec. 1, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 332, sec. 23. -- Amended 1972 Ky. Acts ch. 203, sec. 43. -- Created 1962 Ky. Acts ch. 106, Art. XI, sec. 1. Legislative Research Commission Note (6/29/2023). Under the authority of KRS 7.136(1), the Reviser of Statutes has changed the internal numbering of this statute to place the definitions in alphabetical order. No words were changed in this process.

KRS 210.010 Rules and regulations

210.010. Rules and regulations The secretary for health and family services shall have authority to prescribe rules and regulations for the administration of the cabinet and of the institutions under the control of the cabinet, including power to regulate the payment of money to patients in mental institutions for work performed. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 299, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 244, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 53. -- Amended 1958 Ky. Acts ch. 164, sec. 3. -- Created 1952 Ky. Acts ch. 50, sec. 1.

KRS 210.031 Advisory committee on need for services for deaf or hard-of-hearing persons

210.031. Advisory committee on need for services for deaf or hard-of-hearing persons (1) The cabinet shall establish an advisory committee of sixteen (16) members to advise the Department for Behavioral Health, Developmental and Intellectual Disabilities of the need for particular services for persons who are deaf or hard-of- hearing. (a) At least eight (8) members shall be deaf or hard-of-hearing and shall be appointed by the secretary. Four (4) deaf or hard-of-hearing members, representing one (1) of each of the following organizations, shall be appointed from a list of at least two (2) nominees submitted from each of the following organizations: 1. The Kentucky Association of the Deaf; 2. The A.G. Bell Association; 3. The Kentucky School for the Deaf Alumni Association; and 4. Self Help for the Hard of Hearing. The remaining four (4) deaf or hard-of-hearing members shall be appointed by the secretary from a list of at least eight (8) nominees submitted by the Kentucky Commission on the Deaf and Hard of Hearing. (b) One (1) member shall be a family member of a deaf or hard-of-hearing consumer of mental health services and shall be appointed by the secretary from a list of nominees accepted from any source. (c) The head of each of the following entities shall appoint one (1) member to the advisory committee: 1. The Cabinet for Health and Family Services, Department for Behavioral Health, Developmental and Intellectual Disabilities; 2. The Education and Labor Cabinet, Office of Vocational Rehabilitation; 3. The Cabinet for Health and Family Services, Department for Aging and Independent Living; 4. The Education and Labor Cabinet, Commission on the Deaf and Hard of Hearing; 5. The Kentucky Registry of Interpreters for the Deaf; and 6. A Kentucky School for the Deaf staff person involved in education. (d) The remaining member shall be a representative of a regional board for mental health or individuals with an intellectual disability, appointed by the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities from a list composed of two (2) names submitted by each regional board for mental health or individuals with an intellectual disability. (2) Of the members defined in subsection (1)(a) and (b) of this section, three (3) shall be appointed for a one (1) year term, three (3) shall be appointed for a two (2) year term, and three (3) shall be appointed for a three (3) year term; thereafter, they shall be appointed for three (3) year terms. The members defined under subsection (1)(c) and (d) of this section shall serve with no fixed term of office. (3) The members defined under subsection (1)(a) and (b) of this section shall serve without compensation but shall be reimbursed for actual and necessary expenses; the members defined under subsection (1)(c) and (d) of this section shall serve without compensation or reimbursement of any kind. (4) The Department for Behavioral Health, Developmental and Intellectual Disabilities shall make available personnel to serve as staff to the advisory committee. (5) The advisory committee shall meet quarterly at a location determined by the committee chair. (6) (a) The advisory committee shall prepare a biennial report which: 1. Describes the accommodations and the mental health, intellectual disability, development disability, and substance abuse services made accessible to deaf and hard-of-hearing persons; 2. Reports the number of deaf or hard-of-hearing persons served; 3. Identifies additional service needs for the deaf and hard-of-hearing; and 4. Identifies a plan to address unmet service needs. (b) The report shall be submitted to the secretary, the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, and the Interim Joint Committee on Health Services by July 1 of every odd-numbered year. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 16, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 236, sec. 103, effective July 1, 2022. -- Amended 2012 Ky. Acts ch. 146, sec. 68, effective July 12, 2012; and ch. 158, sec. 35, effective July 12, 2012. -- Amended 2009 Ky. Acts ch. 11, sec. 63, effective June 25, 2009. -- Amended 2007 Ky. Acts ch. 24, sec. 18, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 211, sec. 123, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 300, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 6, sec. 28, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 245, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 209, sec. 19, effective July 15, 1994. – Created 1992 Ky. Acts ch. 340, sec. 1, effective July 14, 1992.

KRS 210.033 Rights of individuals with intellectual or developmental disabilities -- Purpose

210.033. Rights of individuals with intellectual or developmental disabilities -- Purpose (1) As used in this section, "developmental disabilities" has the same meaning as in KRS 387.510. (2) The General Assembly finds that in addition to the rights provided under KRS Chapter 347 for developmentally disabled persons, the rights of individuals with intellectual or developmental disabilities include but are not limited to the right to: (a) Be treated at all times with courtesy and respect and with full recognition of their dignity and individuality; (b) Accessible, appropriate, safe, equal, and sanitary living, learning, and working environments that comply with local, state, and federal standards and recognize the individual's need for privacy and indep endence; (c) Practice the religion of their choice or to abstain from the practice of religion; (d) Ownership and use of personal possessions to maintain individuality and personal dignity; (e) Pursue vocational opportunities that will promote and enhance economic independence; (f) Be treated equally as citizens under the law; (g) Be free from emotional, psychological, verbal, and physical abuse; (h) Participate in decisions that affect their lives and promote self -determination in relation to their cognitive abilities; (i) Participate in their personal financial aff airs to the extent not otherwise determined by order of a court of competent jurisdiction or otherwise by law; (j) Confidential treatment of all information in their personal and medical records, except to the extent that disclosure or release of records i s permitted under KRS 210.235; (k) Voice grievances and recommend changes in policies and services without coercion or discrimination; (l) Freely participate in the political process to the extent provided by law; (m) Communicate verbal or nonverbal refusa l to participate in medical or psychological experiments; (n) Participate in integrated programs of education, training, social development, habilitation, and recreation; (o) Fair and equal wages in integrated work places; and (p) Choose and maintain healt hcare providers, personal care providers, services, and supports to the extent not otherwise required by order of a court of competent jurisdiction or otherwise by law. (3) The general purposes of this section are to: (a) Safeguard all individuals within t he state from discrimination because of the person's status as an individual with an intellectual or developmental disability; (b) Protect the individual's interest in personal dignity and freedom from humiliation; (c) Make available to the state the individual's full productive capacities; and (d) Further the interest, rights, and privileges of individuals with intellectual disabilities and developmental disabilities within the state. (4) Nothing in this section shall be deemed to repeal any other law of this state relating to discrimination because of the person's status as a qualified individual with a disability as defined in KRS 344.030. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 211, sec. 1, effective July 15, 2024. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 211, sec. 2, provides that the Act, which created this statute, may be cited as the Frank Huffman Act.

KRS 210.040 Powers and duties of cabinet

210.040. Powers and duties of cabinet The Cabinet for Health and Family Services shall: (1) Exercise all functions of the state in relation to the administration and operation of the state facilities for the care and treatment of persons with mental illness; (2) Establish or acquire, in accordance with the provisions of KRS 56.440 to 56.550, other or additional facilities for psychiatric care and treatment of persons who are or may become state charges; (3) Cooperate with other state agencies for the development of a statewide mental health program looking toward the prevention of mental illness and the aftercare of persons released from public or private mental hospitals; (4) Provide for the custody, maintenance, care, and medical and psychiatric treatment of the patients of the facilities operated by the cabinet, including emergency and other medical care required to be provided outside of the facility while the patient is admitted to the facility. Expenses of the outside medical provider, other than elective procedures or elective surgery, shall be paid by the cabinet and included in the determination of the patient liability when not covered by the patient's third- party payor; (5) Provide psychiatric consultation for the state penal and correctional institutions, and for the state facilities operated for children or for persons with an intellectual disability; (6) Administer and supervise programs for the care of persons with mental illness outside of state facilities; (7) Administer and supervise programs for the care of persons with chronic mental illness, including but not limited to provision of the following: (a) Identification of persons with chronic mental illness residing in the area to be served; (b) Assistance to persons with chronic mental illness in gaining access to essential mental health services, medical and rehabilitation services, employment, housing, and other support services designed to enable persons with chronic mental illness to function outside inpatient facilities to the maximum extent of their capabilities; (c) Establishment of community-based transitional living facilities with twenty- four (24) hour supervision and community-based cooperative facilities with part-time supervision; provided that, no more than either one (1) transitional facility or one (1) cooperative facility may be established in a county containing a city of the first class or consolidated local government with any funds available to the cabinet; (d) Assurance of the availability of a case manager for each person with chronic mental illness to determine what services are needed and to be responsible for their provision; and (e) Coordination of the provision of mental health and related support services with the provision of other support services to persons with chronic mental illness; (8) Require all providers who receive public funds through state contracts, state grants, or reimbursement for services provided to have formalized quality assurance and quality improvement processes, including but not limited to a grievance procedure; and (9) Supervise private mental hospitals receiving patients committed by order of a court. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 122, sec. 4, effective July 15, 2026. -- Amended 2010 Ky. Acts ch. 141, sec. 14, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 301, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 5, sec. 5, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 346, sec. 200, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 246, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 210, sec. 2, effective July 15, 1982. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 55. -- Amended 1960 Ky. Acts ch. 64, sec. 2. -- Created 1952 Ky. Acts ch. 50, sec. 4.

KRS 210.042 Funding for nonprofit agency -- Matching funds

210.042. Funding for nonprofit agency -- Matching funds (1) The Cabinet for Health and Family Services may provide, to the extent funds are available under KRS 210.040 and under conditions and standards established by the cabinet, funds to any nonprofit agency recognized as operating in the field of mental health and whose objectives are to carry out the purposes of KRS 210.040. (2) The funds, if provided, may be matched on a fifty-fifty (50-50) basis by the nonprofit agency receiving such funds. The cabinet shall determine whether the match may be in money or in kind services or other match. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 302, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 247, effective July 15, 1998. -- Created 1982 Ky. Acts ch. 210, sec. 3, effective July 15, 1982.

KRS 210.045 Additional duties -- Requirements as to closure of certain state-owned or state-operated facilities for persons with an intellectual disability

210.045. Additional duties -- Requirements as to closure of certain state-owned or state-operated facilities for persons with an intellectual disability (1) The Cabinet for Health and Family Services shall: (a) Maintain, operate, and assume program responsibility for all state institutions and facilities for intellectual disability; (b) Provide rehabilitation services for individuals with an intellectual disability through educational and training programs; (c) Provide medical and allied services to individuals with an intellectual disability and their families; (d) Encourage and assist communities to develop programs and facilities in the field of intellectual disability; (e) Sponsor or carry out research, or both, in the field of intellectual disability; (f) Assist other governmental and private agencies in the development of programs and services for individuals with an intellectual disability and their families and for the prevention of intellectual disability, and coordinate programs and services so developed; (g) Provide written notice to the Legislative Research Commission of its intent to propose legislation to permit immediate or gradual closure of any state-owned or state-operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities at least sixty (60) days prior to the next legislative session; and (h) 1. Provide written notice by registered mail to each resident, his or her immediate family, if known, and his or her guardian of its intent to propose legislation to permit immediate or gradual closure of any state- operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities at least sixty (60) days prior to the next legislative session; and 2. Include in the written notice provided under this paragraph that the resident, the resident's immediate family, his or her guardian, or any other interested party with standing to act on behalf of the resident has the right to pursue legal action relating to the notice provisions of this paragraph and relating to the closure of the facility. (2) Any state-owned or state-operated facility or group home that provides residential services to persons with an intellectual disability or other developmental disabilities and that has been funded by the General Assembly in a specific biennium, shall not be closed, nor shall the Cabinet for Health and Family Services announce the pending closure of the facility, during the same biennium except through the provisions specified by subsection (1) of this section. (3) The Cabinet for Health and Family Services may close any state-owned or state- operated facility that provides residential services to persons with an intellectual disability or other developmental disabilities upon the effective date of an adopted act of legislation. (4) When a demonstrated health or safety emergency exists for a facility or a federal action that requires or necessitates a gradual or immediate closure exists for the facility, the cabinet may seek relief from the requirements of this section in the Circuit Court of the county where the facility is located. In these situations: (a) The cabinet shall provide written notice by registered mail to each resident, the resident's immediate family, if known, and his or her guardian, at least ten (10) days prior to filing an emergency petition in the Circuit Court; and (b) All interested parties, including the cabinet, the resident, his or her immediate family, his or her guardian, or other interested parties with standing to act on behalf of the resident shall have standing in the proceedings under this subsection. (5) Any resident, family member or guardian, or other interested parties, as defined by KRS 387.510(12) with standing to act on behalf of the resident who wishes to challenge the decision or actions of the Cabinet for Health and Family Services regarding the notice requirements of subsection (1) of this section shall have a cause of action in the Circuit Court of the county in which the facility is located, or in Franklin Circuit Court. In addition to other relief allowable by law, the resident, family member or guardian, or other interested party with standing to act on behalf of the resident may seek compensatory damages and attorney fees. Punitive damages shall not be allowable under this section. (6) Any resident, family member or guardian, or other interested parties, as defined by KRS 387.510(12) with standing to act on behalf of the resident may challenge the decision of the state to close a facility in a de novo hearing in the Circuit Court of the county in which the facility is located, or in Franklin Circuit Court. In addition to other relief allowable by law, the resident, family member or guardian, or other interested party with standing to act on behalf of the resident may seek compensatory damages and attorney fees. Punitive damages shall not be allowable under this section. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 141, sec. 15, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 303, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 318, sec. 1, effective April 5, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 248, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1962 Ky. Acts ch. 106, Art. XI, sec. 2.

KRS 210.047 Facility closure hearing -- Required considerations

210.047. Facility closure hearing -- Required considerations A court hearing as provided under KRS 210.045(6) shall consider each of the following items relevant to the closure of the facility: (1) Estimated timelines for the implementation of the closure of the facility; (2) The types and array of available and accessible community-based services for individuals with an intellectual disability and other developmental disabilities and their families; (3) The rights of individuals with an intellectual disability and other developmental disabilities; (4) The process used to develop a community living plan; (5) Individual and community monitoring and safeguards to protect health and safety; (6) The responsibilities of state and local governments; (7) The process used to transfer ownership or the state's plan to reuse the property; and (8) Other issues identified by the cabinet, the resident, family member or guardian, or other interested party with standing to act on behalf of the resident that may affect the residents, their families, employees, and the community. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 141, sec. 16, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 318, sec. 2, effective April 5, 2000.

KRS 210.049 Applicability of notice provisions to pre-existing closure announcements -- Delay of hearings

210.049. Applicability of notice provisions to pre-existing closure announcements -- Delay of hearings For any facility that the cabinet has announced plans for closure prior to April 5, 2000, the cabinet shall be subject to the notice provisions of KRS 210.045 within ten (10) days of April 5, 2000. The cabinet shall delay proceedings toward closure until the proceedings for all hearings permitted under KRS 210.045 have been completed. Effective: April 5, 2000 History: Created 2000 Ky. Acts ch. 318, sec. 3, effective April 5, 2000.

KRS 210.051 Kentucky Eating Disorder Council -- Membership -- Duties -- Grant applications -- Reports -- Sunset of council in 2030 unless reestablished

210.051. Kentucky Eating Disorder Council -- Membership -- Duties -- Grant applications -- Reports -- Sunset of council in 2030 unless reestablished (1) The Kentucky Eating Disorder Council is hereby established in the Cabinet for Health and Family Services and shall be attached to the cabinet for administrative purposes. (2) The following members shall be appointed to the council: (a) The secretary of the Cabinet for Health and Family Services or his or her designee; (b) The commissioner of the Department for Medicaid Services or his or her designee; (c) The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities or his or her designee; (d) The commissioner of the Department for Public Health or his or her designee; (e) The commissioner of the Department of Insurance or his or her designee; (f) The commissioner of the Department of Education or his or her designee; (g) The president of the Council on Postsecondary Education or his or her designee; (h) One (1) representative to be appointed by the Governor from a list of three (3) individuals submitted by the Kentucky Hospital Association; (i) One (1) psychologist who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Psychological Association; (j) One (1) pediatrician who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Chapter of the American Academy of Pediatrics; (k) One (1) psychiatrist who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Psychiatric Medical Association; (l) One (1) licensed clinical social worker who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Chapter of the National Association of Social Workers; (m) One (1) psychiatric nurse practitioner who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Association of Nurse Practitioners and Nurse-Midwives; (n) One (1) registered and licensed dietician who works with individuals who have eating disorders to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Dietetics Association; (o) One (1) eating disorder researcher to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Psychological Association; (p) One (1) public health policy researcher to be appointed by the Governor from a list of three (3) individuals provided by the Kentucky Public Health Association; and (q) Three (3) individuals who have an eating disorder or who have experience with individuals who have eating disorders to be appointed by the Governor from a list of five (5) individuals provided by the Louisville Center for Eating Disorders until a statewide consumer and family advocacy organization is established. (3) The members of the council shall elect a chair and vice chair to serve one (1) year. (4) The council shall meet at least quarterly or upon the call of the chair. (5) After the initial appointments, members of the council shall serve terms of two (2) years, beginning the day of appointment. Members of the council shall be eligible to succeed themselves and shall serve until their successors are appointed. (6) Members of the council shall serve without compensation but shall be reimbursed for reasonable and necessary expenses in accordance with state travel expenses and reimbursement administrative regulations. (7) The council shall: (a) Oversee the development and implementation of eating disorder awareness, education, and prevention programs; (b) Identify strategies for improving access to adequate diagnosis and treatment services; (c) Assist the cabinet in identifying eating disorder research projects; (d) Work with the Cabinet for Health and Family Services and other appropriate entities to routinely examine existing surveillance systems, data collection systems, and administrative databases to determine the best strategies for implementing evidence-based eating disorder measures that provide data for program and policy planning purposes; (e) As reasonably as possible, collaborate and coordinate on data research projects with the Cabinet for Health and Family Services and other appropriate entities; and (f) Make recommendations regarding legislative and regulatory changes as appropriate. (8) The council shall apply for grants from the federal government, private foundations, or other sources that may be available for programs related to eating disorders. (9) The council shall report annually beginning December 1, 2020, on its activities, findings, and recommendations to the Governor and the Legislative Research Commission. (10) The Kentucky Eating Disorder Council shall cease to exist on December 1, 2030, unless otherwise reestablished by the General Assembly. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 56, sec. 1, effective July 15, 2020. Legislative Research Commission Note (7/15/2020). The Reviser of Statutes has corrected a manifest clerical or typographical error in this statute during codification of 2020 Ky. Acts ch. 58, sec. 1 under the authority of KRS 7.136(1)(h). The introductory language of subsection (2) of this statute in that Act read, "The following members shall be appointed to the council:" but in paragraphs (i) to (n) of that subsection the words "nominated by the Governor" are used instead of "appointed by the Governor." The members cited in those paragraphs are clearly to be appointed rather than nominated by the Governor; therefore, "nominated" has been changed to "appointed" in those paragraphs.

KRS 210.052 Kentucky eating disorder fund

210.052. Kentucky eating disorder fund (1) The Kentucky eating disorder fund is hereby created as a separate trust and agency fund. The fund shall be administered by the Cabinet for Health and Family Services for the purpose outlined in KRS 210.051. (2) The fund may receive amounts from state or federal appropriations, grants, contributions, or other moneys made available for the purposes of the fund. All grants, contributions, or moneys received shall be deposited in the State Treasury in a trust and agency fund account to the credit of the Kentucky eating disorder fund. Moneys in the fund shall be used to support the Kentucky Eating Disorder Council or similar program established under KRS 210.051 and eating disorder prevention programs in Kentucky. (3) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (4) Any interest earned on moneys in the fund shall become a part of the trust fund and shall not lapse. (5) Moneys in the fund are appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 56, sec. 2, effective July 15, 2020.

KRS 210.053 Kentucky Mental Health First Aid Training Program

210.053. Kentucky Mental Health First Aid Training Program (1) The Cabinet for Health and Family Services shall establish and administer the Kentucky Mental Health First Aid Training Program or a similar program to train professionals and other members of the public to identify and assist individuals who may have or may be developing a mental health disorder, a substance use disorder, or who may be experiencing a mental health or substance use crisis. The program shall promote access to certified trainers who have obtained certification in mental health first aid training by successfully completing an instructor training program approved by the cabinet. (2) The Kentucky Mental Health First Aid Training Program or a similar program shall promote training that is appropriate in content and vocabulary for the language, educational level, and literacy of the trainees and individuals to be served and that accomplishes the following objectives: (a) Build mental health and substance use literacy that is designed to help the public identify, understand, and respond to the signs of mental health disorders, substance use disorders, and mental health or substance use crises; and (b) Enable the trainee to assist an individual who may have or may be developing a mental health disorder, a substance use disorder, or who may be experiencing a mental health or substance use crisis. The ability to assist an individual includes knowledge of how to: 1. Recognize the symptoms of a mental health disorder, a substance use disorder, and a mental health or substance use crisis; 2. Provide initial help; 3. Refer individuals requiring assistance toward appropriate professional help including help for individuals who may be in crisis; 4. Prevent a mental health disorder, a substance use disorder, or a mental health or substance use crisis from deteriorating into a more serious condition that may lead to more costly interventions or treatments or harm to an individual; and 5. Promote healing, recovery, and good mental health. (3) Subject to appropriations provided by the General Assembly, available funds in the Kentucky mental health first aid training fund created in KRS 210.054, or other available funding, the Cabinet for Health and Family Services shall award training grants for mental health first aid training provided by certified trainers. The training grants may support training courses or provide hardship subsidies for training fees. (4) The cabinet shall make awards equitably among geographical regions and meet the training needs of rural areas, areas with underserved populations, and areas with health care provider shortages. The recipients of awards may include but are not limited to law enforcement, corrections, education, retail establishments, military, older adults, and youth-focused agencies. (5) The cabinet shall ensure that evaluation criteria are established and utilized to measure the distribution of the training grants and the fidelity of the training process in achieving the main objectives of the program. (6) The cabinet shall include information on training programs that are available on the cabinet's Web site. (7) The cabinet shall promulgate administrative regulations to implement this section. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 69, sec. 1, effective July 15, 2020.

KRS 210.054 Kentucky mental health first aid training fund

210.054. Kentucky mental health first aid training fund (1) The Kentucky mental health first aid training fund is hereby created as a separate trust and agency fund. The fund shall be administered by the Cabinet for Health and Family Services for the purpose outlined in KRS 210.053. (2) The fund may receive amounts from state or federal appropriations, grants, contributions, or other moneys made available for the purposes of the fund. All grants, contributions, or moneys received shall be deposited in the State Treasury in a trust and agency fund account to the credit of the Kentucky mental health first aid training fund. Moneys in the fund shall be used to support the Mental Health First Aid Training Program or similar program established under KRS 210.053 and suicide prevention programs in Kentucky. (3) Notwithstanding KRS 45.229, fund amounts not expended at the close of a fiscal year shall not lapse but shall be carried forward to the next fiscal year. (4) Any interest earned on moneys in the fund shall become a part of the trust fund and shall not lapse. (5) Moneys in the fund are appropriated for the purposes set forth in this section and shall not be appropriated or transferred by the General Assembly for any other purposes. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 69, sec. 2, effective July 15, 2020.

KRS 210.055 Additional powers of cabinet -- Administrative regulations -- Education and training

210.055. Additional powers of cabinet -- Administrative regulations -- Education and training The Cabinet for Health and Family Services may: (1) Promulgate reasonable rules and regulations for the purposes of carrying out the provisions of KRS 210.045, including regulations establishing the minimum and maximum ages within which individuals with an intellectual disability are eligible: (a) To participate in programs operated by the cabinet; (b) To become patients in institutions operated by the cabinet; (2) Participate in the education and training of professional and other persons in the area of intellectual disabilities, and may encourage and assist private and public agencies and institutions to participate in similar education and training; (3) Do all other things reasonably necessary to carry out the provisions of KRS 210.045. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 69, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 141, sec. 17, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 304, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 249, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1962 Ky. Acts ch. 106, Art. XI, sec. 3.

KRS 210.057 Powers and duties as to research on controlled substances

210.057. Powers and duties as to research on controlled substances (1) The Cabinet for Health and Family Services shall conduct research into all aspects of controlled substances as defined in KRS 218A.010 in coordination with the Kentucky Board of Pharmacy. (2) The Cabinet for Health and Family Services may authorize persons engaged in research on the use and effects of dangerous substances to withhold the names and other identifying characteristics of persons who are subjects of such research. Persons who obtain this authorization may not be compelled in any state civil, criminal, administrative, legislative, or other proceeding to identify the subjects of research for which such authorization was obtained. (3) The Cabinet for Health and Family Services may authorize the possession and distribution of controlled dangerous substances by persons engaged in research. Persons who obtain this authorization shall be exempt from state prosecution for possession and distribution of dangerous substances to the extent authorized by the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 305, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 250, effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 188, sec. 200, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1970 Ky. Acts ch. 278, sec. 6.

KRS 210.080 Secretary may transfer employees

210.080. Secretary may transfer employees The secretary for health and family services may transfer any employee between the institutions operated by the cabinet, or to the headquarters of the cabinet. Necessary moving expenses involved in such transfers shall be paid by the cabinet. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 306, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 251, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (8) and (21). -- Amended 1960 Ky. Acts ch. 64, sec. 3, effective June 16, 1960. -- Created 1952 Ky. Acts ch. 50, sec. 8.

KRS 210.090 Partisan political activity prohibited

210.090. Partisan political activity prohibited Neither the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities of the Cabinet for Health and Family Services nor his deputy nor any superintendent or director of an institution of the Department for Behavioral Health, Developmental and Intellectual Disabilities shall be permitted to engage in any partisan political activity. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 70, effective July 12, 2012; and ch. 158, sec. 36, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 307, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 252, effective July 15, 1998. -- Amended 1986 Ky. Acts ch. 428, sec. 2, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 56. -- Amended 1968 Ky. Acts ch. 90, sec. 47. -- Amended 1960 Ky. Acts ch. 64, sec. 4. -- Created 1952 Ky. Acts ch. 50, sec. 9. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158, which do not appear to be in conflict and have been codified together.

KRS 210.100 Exemption of institutional officers and employees from personal attendance as witness

210.100. Exemption of institutional officers and employees from personal attendance as witness No officer or employee of any institution operated by the Cabinet for Health and Family Services shall be required to give personal attendance as a witness in any civil suit out of the county in which the institution is located, but his deposition shall be taken in lieu thereof. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 308, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 253, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1952 Ky. Acts ch. 50, sec. 10, effective July 1, 1952.

KRS 210.110 Officers, employees, and agents of Cabinet for Health and Family Services and regional community programs for behavioral health, developmental and intellectual disabilities not to sell to or make contracts with institutions, facilities, or organizations under cabinet's control if conflict of interest involved

210.110. Officers, employees, and agents of Cabinet for Health and Family Services and regional community programs for behavioral health, developmental and intellectual disabilities not to sell to or make contracts with institutions, facilities, or organizations under cabinet's control if conflict of interest involved (1) No officer, employee, or agent of the Cabinet for Health and Family Services, a regional community board for mental health or individuals with an intellectual disability or a nonprofit corporation administering a regional community program for mental health or individuals with an intellectual disability shall sell anything to any institution, facility, or organization under the control of the cabinet nor participate in selection, or in the award or administration of a contract supported by state or federal funds if a conflict of interest, real or apparent, would be involved. (2) Such a conflict of interest would arise when: (a) The employee, officer, or agent; (b) Any member of his immediate family; (c) His or her partner; or (d) An organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 71, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 309, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 254, effective July 15, 1998. -- Amended 1984 Ky. Acts ch. 31, sec. 1, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 79, Art. VI, sec. 107(1) and (9). -- Amended 1968 Ky. Acts ch. 90, sec. 48. -- Created 1952 Ky. Acts ch. 50, sec. 11.

KRS 210.120 Officers and employees not to accept outside compensation -- Exceptions

210.120. Officers and employees not to accept outside compensation -- Exceptions No physician or doctor employed by the Cabinet for Health and Family Services shall receive or accept any compensation for personal services other than that paid by the state, except that the secretary, and other physicians and doctors when so authorized by the secretary, may be employed in, and receive compensation from outside activities such as teaching, research, or community service work, to an extent that will not interfere with the performance of the duties of their office or employment. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 310, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 255, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (9) and (21). -- Amended 1958 Ky. Acts ch. 164, sec. 2, effective June 19, 1958. -- Created 1952 Ky. Acts ch. 50, sec. 12.

KRS 210.130 Religious instruction and ministration

210.130. Religious instruction and ministration Religious instruction and ministration for patients of the institutions operated by the Cabinet for Health and Family Services shall be provided. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 311, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 256, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 418, sec. 16, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1952 Ky. Acts ch. 50, sec. 13, effective July 1, 1952.

KRS 210.140 Transfer of patient or inmate to institution operated by different cabinet

210.140. Transfer of patient or inmate to institution operated by different cabinet (1) Pursuant to agreement entered into by the heads of the cabinets concerned, a patient or inmate of a state institution operated by one (1) state cabinet may be transferred to a state institution operated by another state cabinet, except that: (a) An inmate may be transferred from a penal or correctional institution as provided in KRS Chapter 202A or in any regulation promulgated under such chapter, provided that no transfer shall be made to a correctional facility located on the grounds of a state mental hospital; (b) No patient or inmate may be transferred to a penal or correctional institution unless he has been committed to such institution by judgment of a court; and (c) No patient or inmate may be transferred to an institution for the mentally ill or individuals with an intellectual disability, except for a period of observation not to exceed sixty (60) days, unless he has been hospitalized in accordance with KRS 202A.051. (2) When a patient or inmate hospitalized by court order to one (1) institution is transferred to another institution pursuant to this section, the order of hospitalization shall be deemed to apply to the institution to which transferred. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 72, effective July 12, 2012. -- Amended 1986 Ky. Acts ch. 428, sec. 3, effective July 15, 1986. --Amended 1982 Ky. Acts ch. 445, sec. 40, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 295, sec. 47, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 332, sec. 24. -- Amended 1968 Ky. Acts ch. 90, sec. 49. -- Amended 1960 Ky. Acts ch. 64, sec. 5. -- Created 1952 Ky. Acts ch. 50, sec. 14. Legislative Research Commission Note. This section was amended 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.

KRS 210.170 Authority to accept and use grants, gifts, bequests, and devises

210.170. Authority to accept and use grants, gifts, bequests, and devises The Cabinet for Health and Family Services may accept money from the federal government, or any of its agencies, under any grant agreement entered into by this state or by the cabinet. Such money may be expended for capital outlay in accordance with the provisions of KRS 56.440 to 56.550. The cabinet also may accept grants, gifts, bequests, or devises from public or private sources, and use the same for any purpose within the scope of the functions of the cabinet, consistent with the terms of the grant, gift, bequest, or devise. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 312, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 257, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1952 Ky. Acts ch. 50, sec. 17, effective July 1, 1952.

KRS 210.180 Canteens in institutions

210.180. Canteens in institutions There shall be established and maintained, at each of the institutions operated by the Cabinet for Health and Family Services, a canteen which shall be incorporated and self- supporting. The directors of each canteen shall be appointed by the secretary. All profits from each canteen shall be used exclusively for the benefit of the patients of the institution. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 313, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 258, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 58. -- Amended 1968 Ky. Acts ch. 90, sec. 51. -- Amended 1960 Ky. Acts ch. 64, sec. 6. -- Created 1952 Ky. Acts ch. 50, sec. 18.

KRS 210.190 Utilizing services of workers of other cabinets -- Expenses

210.190. Utilizing services of workers of other cabinets -- Expenses The secretary of the Cabinet for Health and Family Services may utilize the services of the workers of the other cabinets, when authorized by the agency heads of these cabinets. The secretary of the Cabinet for Health and Family Services may authorize payment of the actual traveling expenses of the workers so utilized. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 314, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 259, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 59. -- Amended 1968 Ky. Acts ch. 90, sec. 52. -- Amended 1954 Ky. Acts ch. 14, sec. 2. -- Created 1952 Ky. Acts ch. 50, sec. 19.

KRS 210.220 Correspondence by patients with secretary or attorneys

210.220. Correspondence by patients with secretary or attorneys No patient of any of the institutions operated by the Cabinet for Health and Family Services shall be denied the right to correspond with an attorney or with the secretary. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 315, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 260, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (9) and (21). -- Created 1952 Ky. Acts ch. 50, sec. 21, effective July 1, 1952.

KRS 210.230 Records and forms covering involuntary hospitalization procedures

210.230. Records and forms covering involuntary hospitalization procedures The secretary of the Cabinet for Health and Family Services may prescribe appropriate records to be maintained covering the operations of the cabinet and of the institutions operated by it, and covering involuntary hospitalization procedures. Any record forms applicable to involuntary hospitalization procedures shall be furnished to each court having jurisdiction to order hospitalization of mentally ill persons or individuals with an intellectual disability, and the records contemplated by such forms shall thereafter be made by the hospitalizing courts. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 73, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 316, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 261, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Amended 1968 Ky. Acts ch. 90, sec. 54. -- Created 1952 Ky. Acts ch. 50, sec. 22.

KRS 210.235 Confidential nature of records -- Conditions under which records may be disclosed

210.235. Confidential nature of records -- Conditions under which records may be disclosed All applications and requests for admission and release, and all certifications, records, and reports of the Cabinet for Health and Family Services which directly or indirectly identify a patient or former patient or a person whose hospitalization has been sought, shall be kept confidential and shall not be disclosed by any person, except insofar as: (1) The person identified or his guardian, if any, shall consent; or (2) Disclosure may be necessary to carry out the provisions of the Kentucky Revised Statutes, and the rules and regulations of cabinets and agencies of the Commonwealth of Kentucky; or (3) Disclosure may be necessary to comply with the official inquiries of the departments and agencies of the United States government; or (4) Disclosure may be necessary for: (a) Treatment of the patient by any health care provider involved in the patient's care; (b) Treatment, payment, or health care operations under the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including disclosure between health care providers through an electronic health information exchange or network; or (c) Participation by health care providers through an electronic health information exchange or network for the purpose of meeting the requirements of the American Recovery and Reinvestment Act of 2009, Pub. L. No. 111-5, and its related federal regulations; or (5) A court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and failure to make such disclosure would be contrary to the public interest. Nothing in this section shall preclude the disclosure, upon proper inquiry of the family or friends of a patient, of information as to the medical condition of the patient. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 12, sec. 1, effective July 15, 2014. -- Amended 2005 Ky. Acts ch. 99, sec. 317, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 262, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1954 Ky. Acts ch. 12, sec. 1, effective July 1, 1954.

KRS 210.240 Training schools

210.240. Training schools The secretary of the Cabinet for Health and Family Services is authorized to establish training schools within the cabinet or within any of the institutions operated by the cabinet, for the training of necessary personnel for the institutions, or may arrange for the training of employees or prospective employees in any public or private school or institution having available facilities for that purpose. Funds of the cabinet may be used to pay salaries to employees, or to pay tuition and subsistence for employees or prospective employees, while receiving such training. Any employee or prospective employee who is paid a salary, or for whom tuition and subsistence are furnished, while receiving such training, shall be required to enter into a contract, prior to receiving such training, that unless he continues in the employ of the cabinet for at least a period equivalent to the training period, immediately following the completion of such training, he will reimburse to the cabinet the sum paid to or for him by the cabinet during the period of training. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 318, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 263, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Created 1952 Ky. Acts ch. 50, sec. 23, effective July 1, 1952.

KRS 210.265 No fee to be charged for staff certificate or affidavit

210.265. No fee to be charged for staff certificate or affidavit In no case where the certificate or affidavit of state hospital staffs is admitted as evidence in a proceeding to determine whether a person should be hospitalized shall any fee be charged, it being considered a part of the regular state service. History: Amended 1968 Ky. Acts ch. 90, sec. 56. -- Amended 1960 Ky. Acts ch. 66, sec. 5. -- Created 1944 Ky. Acts ch. 29, sec. 6. Formerly codified as KRS 203.045.

KRS 210.267 Production by hospital residents

210.267. Production by hospital residents The residents of state mental hospitals may manufacture and produce for their own use, or for sale, such articles, furniture, clothing, tools, products, and other supplies and engage in such labor or work of construction as may be approved by the Cabinet for Health and Family Services. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 319, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 264, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Amended 1968 Ky. Acts ch. 90, sec. 57. -- Amended 1962 Ky. Acts ch. 161, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-54, 216aa-55. Formerly codified as KRS 203.220.

KRS 210.270 Custodial care of patients with an intellectual disability in private homes, private nursing homes, and private institutions -- Transfer or reclassification of patient -- Procedure

210.270. Custodial care of patients with an intellectual disability in private homes, private nursing homes, and private institutions -- Transfer or reclassification of patient -- Procedure (1) The secretary of the Cabinet for Health and Family Ser vices is authorized to designate those private homes, private nursing homes, and private institutions that he or she deems, after a thorough investigation of the personal and financial qualifications of the owners and tenants, the facilities and management , and the desirability of the location of the homes, suitable for the placement of patients, including individuals with mental illness or an intellectual disability of all ages, outside of the state mental hospitals. The secretary of the Cabinet for Health and Family Services may promulgate, by administrative regulation, standards for the selection and operation of private homes, private nursing homes, and private institutions designated for the placement of patients. No home of an officer or employee of the Cabinet for Health and Family Services or of a member of his or her immediate family shall be designated for the placement of patients. (2) Whenever the staff of a state mental hospital has determined that a patient who is not being held on an order arising out of a criminal offense has sufficiently improved and is not dangerous to himself, herself, or other persons, and that it would be in the patient's best interest to be placed outside of the hospital in a private home or private nursing home, the hosp ital shall so certify and authorize the patient to be transferred to a designated private home or private nursing home for care and custody for a length of time that the hospital deems advisable. (3) No patient with an intellectual disability lodged in a s tate institution may have his or her level of care reclassified nor may the patient be transferred to a private nursing home or other private institution without first providing ten (10) days' notice by certified mail, return receipt requested, to the pati ent's parents or guardian that a reclassification of the patient's level of care or a transfer in the place of residence is being considered. (4) Any parent or guardian of any patient with an intellectual disability lodged in a state institution may participate in any evaluation procedure which may result in a reclassification of the patient's level of care or in a transfer in the place of residence of the patient. Participation may include the submission by the parents or guardian of medical evidence or any other evidence deemed relevant by the parents or guardian to the possible reclassification or transfer of the patient. (5) If the decision to reclassify or transfer any patient with an intellectual disability is adverse to the best interests of the patie nt as expressed by the parents or guardian, they shall be given notice by certified mail, return receipt requested, that they are entitled to a thirty (30) day period from the receipt of such notice to file with the secretary of the Cabinet for Health and Family Services a notice of appeal and application for a hearing. Upon receipt of an application for a hearing, a hearing shall be conducted in accordance with KRS Chapter 13B. (6) The appeal shall be heard by a three (3) member panel composed of a designa ted representative of the Cabinet for Health and Family Services, a designated representative of the state institution where the patient with an intellectual disability is presently lodged, and a designated neutral representative appointed by the county judge/executive of the county in which the institution in question is located. The Office of Administrative Hearings within the Department of Law may appoint a hearing officer to preside over the conduct of the hearing. (7) Decisions made by the panel may be appealed to the Circuit Court of the county in which the state institution in question is located, to the Circuit Court of the county in which either of the parents or guardians or committee of the patient in question is domiciled at the time of the decision, or to Franklin Circuit Court in accordance with KRS Chapter 13B. (8) All parents or guardians or committee of a patient with an intellectual disability lodged in a state institution shall be fully apprised by the Cabinet for Health and Family Services of their rights and duties under the provisions of subsections (3), (4), (5), (6), and (7) of this section. (9) The provisions of KRS 210.700 to 210.760 shall apply to patients transferred to designated private homes and private nursing homes as though the patients were residing in a state mental hospital. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 23, effective July 1, 2025. -- Amended 2010 Ky. Acts ch. 141, sec. 18, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 320, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 265, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 100, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 405, sec. 70, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 428, sec. 4, effective July 15, 1986. -- Amended 1982 Ky. Acts ch. 141, sec. 6 9, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 114, sec. 39, effective July 15, 1980; and ch. 188, sec. 201, effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 333, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (8), (9) and (21). -- Amended 1970 Ky. Acts ch. 237, sec. 1. -- Amended 1960 Ky. Acts ch. 64, sec. 7, effective June 16, 1960. -- Created 1954 Ky. Acts ch. 13, sec. 1. Note: 1980 Ky. Acts ch. 396, sec. 73 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 210.271 State hospital patients to be discharged to registered boarding homes only -- Quarterly follow-up visits by cabinet

210.271. State hospital patients to be discharged to registered boarding homes only -- Quarterly follow-up visits by cabinet (1) No patient in an institution for the mentally ill or the intellectually disabled operated by the Cabinet for Health and Family Services shall be discharged to a boarding home as defined in KRS 216B.300 unless the boarding home is registered pursuant to KRS 216B.305. (2) The cabinet shall conduct a quarterly follow-up visit, using cabinet personnel or through contract with the Regional Community Mental Health Centers, of all patients of state facilities for mental health or individuals with an intellectual disability that are discharged to boarding homes. Any resident found to have needs that cannot be met by the boarding home shall be referred to the Department for Community Based Services for appropriate placement. Any boarding home suspected of operating as an unlicensed personal care facility or housing residents with needs that cannot be met by the boarding home shall be reported to the Division of Community Health Services for investigation. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 74, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 141, sec. 19, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 321, effective June 20, 2005. -- Amended 2001 Ky. Acts ch. 81, sec. 4, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 14, sec. 42, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 266, effective July 15, 1998. -- Created 1992 Ky. Acts ch. 63, sec. 4, effective July 14, 1992.

KRS 210.285 Powers of cabinet -- Forms -- Reports -- Rules and regulations

210.285. Powers of cabinet -- Forms -- Reports -- Rules and regulations In addition to the specific authority granted by other provisions of KRS Chapters 202A, 202B, and 210, the Cabinet for Health and Family Services shall have authority to prescribe the form of applications, records, reports, and medical certificates provided for under KRS Chapters 202A, 202B, and 210 and the information required to be contained therein; to require reports from the head of any hospital relating to the admission, examination, diagnosis, release, or discharge of any patient; to visit hospitals regularly to review the hospitalization procedures of all new patients admitted between visits; to investigate by personal visit complaints made by any persons on behalf of any patients or by any patients themselves; and to adopt such rules and regulations not inconsistent with the provisions of KRS Chapters 202A, 202B, and 210 as it may find to be reasonably necessary for proper and efficient hospitalization of the mentally ill. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 322, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 267, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 141, sec. 38, effective July 1, 1982. -- Amended 1976 Ky. Acts ch. 332, sec. 25. - - Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1968 Ky. Acts ch. 90, sec. 59. Note: 1980 Ky. Acts ch. 396, sec. 39 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 210.290 Cabinet may act as fiduciary for certain disabled or partially disabled adult residents -- Duties -- Guardianship trust fund -- Annual report -- Powers

210.290. Cabinet may act as fiduciary for certain disabled or partially disabled adult residents -- Duties -- Guardianship trust fund -- Annual report -- Powers (1) The Cabinet for Health and Family Services may be appointed and act as executor, administrator, guardian, limited guardian, conservator, or limited conservator as provided in this section. In this capacity the cabinet may act as a fiduciary and transact business in the same manner as any individual and for fiduciary purposes may sue and be sued in any of the courts of the state. Bond shall not be required of the cabinet. (2) (a) Whenever a resident of the state is adjudged partially disabled or disabled and no other suitable person or entity is available and willing to act as limited guardian, guardian, limited conservator, or conservator, the cabinet may be appointed as the resident's limited guardian, guardian, limited conservator, or conservator. As used in this paragraph, "resident of the state" means an individual who has a permanent, full-time residence in Kentucky prior to the filing of a petition for or appointment of a limited guardian, guardian, limited conservator, or conservator for at least the previous six (6) months that is not a hospital, treatment facility, correctional facility, or long-term care facility, and who is a citizen or permanent resident of the United States. (b) Notwithstanding paragraph (a) of this subsection, except upon written order of the court in exceptional circumstances, the cabinet shall not be appointed as a limited guardian, guardian, limited conservator, or conservator of a partially disabled or disabled person when the person: 1. Has been convicted of, pled guilty to, or entered an Alford plea for a sex crime as defined in KRS 17.500 or an offense that would classify the person as a violent offender under KRS 439.3401; or 2. Is not alive or cannot be physically located. (c) Before appointing the cabinet, consideration shall be given to the average caseload of each field social worker. (d) The cabinet, acting through its designated officer, may apply to the District Court of the county in which the adjudication is made for appointment as limited guardian, guardian, limited conservator, or conservator for a partially disabled or disabled person who meets the requirements of this subsection. (3) When the cabinet is appointed as a limited guardian, guardian, limited conservator, or conservator of a partially disabled or disabled person, the cabinet shall not: (a) Assume physical custody of the person; (b) Be assigned as the person's caregiver or custodian; or (c) Become personally liable for the person's expenses or placement, or to third parties for the person's actions. However, the cabinet shall procure resources and services for which the person is eligible when necessary and available. (4) (a) Except as provided in paragraph (b) of this subsection, upon the death of a person for whom the cabinet has been appointed guardian or conservator, or upon the death of a person who has been committed to the cabinet leaving an estate and having no relatives at the time residing within the state, the cabinet may apply for appointment as administrator and upon appointment shall close the administration of the estate. (b) If a person for whom the cabinet has been appointed guardian or conservator dies with less than ten thousand dollars ($10,000) of personal property or money, the cabinet shall not be required to apply for appointment as administrator. However, prior to the release of funds to the person's estate, the cabinet shall ensure all outstanding bills related to living expenses, reasonable funeral expenses when not prepaid, and estate recovery are paid. Any funds that remain after those expenses are paid may be released first to other creditors and then to the relatives of the ward. The cabinet shall establish an online registry to provide public notice of remaining funds to other creditors and relatives of the ward, and the process for claiming those funds. Notwithstanding KRS 393.020, if the funds of a ward are less than ten thousand dollars ($10,000) and remain unclaimed after the expiration of one (1) year from the date public notice is made, the funds shall escheat to the guardianship trust fund established in subsection (5) of this section. (5) There is created in the cabinet a trust and agency fund to be known as the guardianship trust fund. The trust shall consist of funds of deceased wards that remain after living, funeral, and estate recovery expenses are paid and that are unclaimed for one (1) year after public notice is made. The trust may also receive donations or grant funds for the support of indigent wards. Notwithstanding KRS 45.229, any unused trust balance at the close of the fiscal year shall not lapse but shall be carried forward to the next fiscal year. Any interest earnings of the trust shall become part of the trust and shall not lapse. The trust may make investments as authorized by subsection (7) of this section and may use funds in the trust for the benefit of indigent wards for expenses including: (a) Temporary housing costs; (b) Medical supplies or transportation services not covered by Medicaid; (c) Emergency personal needs, including clothing or food; (d) Burial expenses if no county funds are available in the county of death; and (e) Expenses necessary to ensure health, safety, and well-being when no other funds are available or accessible in a timely manner. (6) The cabinet shall make available an annual report of income and expenditures from the guardianship trust fund. The trust shall be subject to an independent audit at the request of the General Assembly or the State Auditor. (7) The cabinet may invest funds held as fiduciary in bonds or other securities guaranteed by the United States, and may sell or exchange such securities in its discretion. In addition, the cabinet may establish or place funds held as fiduciary in a trust. (8) The cabinet shall receive such fees for its fiduciary services as provided by law. These fees shall be placed in a trust and agency account, from which may be drawn expenses for filing fees, court costs, and other expenses incurred in the administration of estates. Claims of the cabinet against the estates shall be considered in the same manner as any other claim. (9) An officer designated by the secretary may act as legal counsel for any patient in a state mental hospital or institution against whom a suit of any nature has been filed, without being appointed as guardian, limited guardian, conservator, or limited conservator. (10) Patients hospitalized pursuant to KRS Chapters 202A and 202B who are not adjudged disabled or partially disabled may authorize the Cabinet for Health and Family Services to handle personal funds received by them at the hospital in the same manner as prescribed in subsections (7) and (8) of this section. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 129, sec. 1, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 13, sec. 1, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 99, sec. 323, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 268, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 141, sec. 70, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 290, sec. 1, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 201, effective January 2, 1978. -- Amended 1976 Ky. Acts ch. 332, sec. 26. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Amended 1970 Ky. Acts ch. 278, sec. 2. -- Created 1960 Ky. Acts ch. 64, sec. 9. Note: 1980 Ky. Acts ch. 396, sec. 74 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 210.300 Designation of hospital districts -- Guidelines -- Administrative regulations -- Annual review

210.300. Designation of hospital districts -- Guidelines -- Administrative regulations -- Annual review (1) The secretary of the Cabinet for Health and Family Services shall promulgate administrative regulations no later than October 1, 2022, in acco rdance with KRS Chapter 13A establishing hospital districts, for the purpose of determining to which of the state institutions or contracted hospitals for the mentally ill the persons admitted from each county shall initially be sent. (2) In establishing the hospital districts under subsection (1) of this section, the secretary shall consider the: (a) Distance and travel time from each county to a state institution or contracted hospital for the mentally ill; (b) Need to transport the individual to a hospit al or psychiatric facility to secure an evaluation or for admission without unnecessary delay as required under KRS Chapters 202A, 202B, and 202C; and (c) Population of the hospital districts based upon the most recent federal decennial census. (3) The secretary shall also establish and maintain a list of local hospitals containing a psychiatric unit or crisis stabilization unit approved by the cabinet to which individuals may be transported and admitted as an alternative to a state institution or contracted hospital for the mentally ill when clinically appropriate due to circumstances that include but are not limited to: (a) The ability or inability of the designated state institution or contracted hospital to accept the individual to be transported or eval uated without delay due to capacity limitations, lack of staffing, or other impediment; or (b) The need for immediate and emergent treatment or evaluation arising from but not limited to the threat or reasonable fear of physical harm to the individual or any employee or agent of the transporting agency or service. Only those hospitals that have filed a written notice with the cabinet of the hospital's willingness to accept patients under this subsection may accept admissions. (4) The secretary shall review the hospital districts on an annual basis to ensure transports and evaluations occur without unnecessary delay as required under this section and KRS Chapters 202A, 202B, and 202C, and shall provide a report to the Interim Joint Committee on Health Servic es and the Interim Joint Committee on Judiciary on or before October 1, 2022, and on or before October 1 of each year thereafter. The report shall, at a minimum, include: (a) Any changes made to any hospital district and the reason for the change; (b) The name and location of state institutions accepting patients for admission under KRS Chapters 202A, 202B, and 202C, including the counties the state institution serves; and (c) The name and locations of any contracted hospital accepting patients for admission under KRS Chapters 202A, 202B, and 202C, including the counties the contracted hospital serves. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 17, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 175, sec. 1, effective July 14, 2022. -- Amended 2005 Ky. Acts ch. 99, sec. 324, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 269, effective July 15, 1998. -- Amended 1974 Ky. Acts ch. 74 , Art. VI, sec. 107(1) and (8). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Amended 1960 Ky. Acts ch. 67, sec. 17. -- Amended 1952 Ky. Acts ch. 50, sec. 28. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-83. Formerly codified as KRS 202.170.

KRS 210.330 Employment of attorney -- Cost of litigation -- Limitation of action

210.330. Employment of attorney -- Cost of litigation -- Limitation of action (1) The cabinet may employ counsel, upon the advice and approval of the Attorney General, to institute or defend such actions or proceedings as it deems necessary or proper to enforce the payment or reimbursement for board and maintenance of patients. In case of failure of suits, the expense thereof shall be certified by the secretary of the Finance and Administration Cabinet which shall provide for its payment out of the funds appropriated for the use of the cabinet. (2) The statute of limitation providing the time in which actions for such recovery may be instituted shall not run against recovery provided for in this chapter until from and after the time at which the estate is acquired. History: Amended 1974 Ky. Acts ch. 74, Arts. II, sec. 9(1), VI, sec. 107(9) and (21). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Amended 1966 Ky. Acts ch. 255, sec. 195. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-40. Formerly codified as KRS 203.110.

KRS 210.340 Extradition of nonresident patient

210.340. Extradition of nonresident patient Any nonresident who has been committed to a mental institution in another state and who escapes therefrom and is found in this state may be apprehended upon notice from the other state and returned thereto by personnel of the cabinet at the cabinet's expense. History: Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1960 Ky. Acts ch. 66, sec. 6. Formerly codified as KRS 203.155.

KRS 210.350 Return of nonresidents -- Expense

210.350. Return of nonresidents -- Expense If an order is issued by a judge committing to a state institution a person who has not acquired a legal residence in this state, the cabinet shall return such person, either before or after his admission to the institution, to the country or state to which he belongs and for such purposes may expend so much of the money appropriated to it as is necessary. History: Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Amended 1960 Ky. Acts ch. 66, sec. 8. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-45. Formerly codified as KRS 203.160.

KRS 210.365 Crisis intervention team (CIT) training for firefighters and law enforcement officers -- Curriculum -- Individual and aggregate reports -- Telephonic behavioral health jail triage system

210.365. Crisis intervention team (CIT) training for firefighters and law enforcement officers -- Curriculum -- Individual and aggregate reports -- Telephonic behavioral health jail triage system (1) As used in this section: (a) "Commission" means the Kentucky Fire Commission; (b) "Crisis intervention team (CIT) training" means a forty (40) hour training curriculum based on the Memphis Police Department Crisis Intervention Team model of best practices for law enforcement intervention with persons who may have a mental illness, substance use disorder, an intellectual disability, developmental disability, or dual diagnosis that meets the requirements of subsections (2) to (5) of this section and is approved by the commission and the Kentucky Law Enforcement Council; (c) "Department" means the Department for Behavioral Health, Developmental and Intellectual Disabilities; (d) "Prisoner" has the same meaning as set out in KRS 441.005; and (e) "Qualified mental health professional" has the same meaning as set out in KRS 202A.011. (2) The department shall, in collaboration with the commission, Justice and Public Safety Cabinet, the regional community boards for mental health or individuals with an intellectual disability, and representatives of the Kentucky sta tewide affiliate of the National Alliance on Mental Illness, coordinate the development of CIT training designed to train firefighters and law enforcement officers to: (a) Effectively respond to persons who may have a mental illness, substance use disorder, intellectual disability, developmental disability, or dual diagnosis; (b) Reduce injuries to firefighters, officers, and citizens; (c) Reduce inappropriate incarceration; (d) Reduce liability; and (e) Improve risk management practices for firefighter and law enforcement agencies. (3) The CIT training shall include but not be limited to: (a) An introduction to crisis intervention teams; (b) Identification and recognition of the different types of mental illnesses, substance use disorders, intellectual disabilities, developmental disabilities, and dual diagnoses; (c) Interviewing and assessing a person who may have a mental illness, substance use disorder, intellectual disability, developmental disability, or dual diagnosis; (d) Identification and common effects of psychotropic medications; (e) Suicide prevention techniques; (f) Community resources and options for treatment; (g) Voluntary and involuntary processes for hospitalization of a person with a mental illness, substance use disorder, intellectual disability, developmental disability, or dual diagnosis; and (h) Hostage or other negotiations with a person with a mental illness, intellectual disability, substance use disorder, developmental disability, or dual diagnosis. (4) The curriculum shall be presented by a team composed of, at a minimum: (a) A firefighter, firefighter personnel training instructor, or a law enforcement training instructor who has completed a forty (40) hour CIT training course and a CIT training instructor's course which has been approved by the commission or the Kentucky Law Enforcement Council, and at least forty (40) hours of direct experience working with a CIT; (b) A representative from the local community board for mental health or individuals with an intellectual disability serving the region where CIT training is conducted; (c) A consumer of mental health services; and (d) A representative of the Kentucky statewide affiliate of the National Alliance on Mental Illness. (5) (a) The department shall submit the CIT training curriculum and the names of available instructors approved by the department to conduct or assist in the delivery of CIT training to the commission or Kentucky Law Enforcement Council no later than July 1, 2021. (b) The commission or Kentucky Law Enforcement Council shall notify the department of approval or disapproval of the CIT training curriculum and trainers within thirty (30) days of submission of the curriculum and the names of instructors. (c) The commission or Kentucky Law Enforcement Council may waive instructor requirements for non-firefighter trainers or non-law enforcement trainers whose names are submitted by the department. (d) If the curriculum or trainers are not approved, the department shall h ave an opportunity to revise and resubmit the curriculum and to submit additional names of instructors if necessary. (6) If the curriculum is approved, the commission or Kentucky Law Enforcement Council shall: (a) Notify all agencies employing firefighters, as defined in KRS 61.315(1)(b), of the availability of the CIT training; (b) Notify the Department of Kentucky State Police and all law enforcement agencies employing peace officers certified under KRS 15.380 to 15.404 of the availability of the CIT training; and (c) Notify all instructors and entities approved for firefighter or law enforcement training under KRS 15.330 and 95A.040 of the availability of the CIT training. (7) Any firefighter training entity or law enforcement training entity approved by the commission or Kentucky Law Enforcement Council may use the CIT training model and curriculum in firefighter or law enforcement in -service training as specified by subsection (1) of this section that is consistent with the Memphis CIT national model for best practices. (8) No later than one (1) year after June 26, 2021, the department shall submit to the commission and Kentucky Law Enforcement Council a CIT training instructors' curriculum and the names of available instructors approved by the department to conduct or assist in the delivery of CIT training instructors' training. Additional instructors may be submitted on a schedule determined by the commission or Kentucky Law Enforcement Council. (9) All CIT-trained firefighters and law enforcement officers shall report to his or her agency on forms provided with the CIT curriculum on encounters with persons with mental illness, substance use disorders, intellectual disabilities, developmental disabilities, and dual diagnoses. The firefighter and law enforcement agencies shall aggregate reports received and submit nonidentifying information to the department on a monthly basis. Except for information pertaining to the number of firefighter or law enforcement agencies participating in CIT training, the reports to the department shall include the information specified in subsection (10) of this section. (10) The department shall aggregate all reports from firefighter or law enforcement agencies under subsection (9) of this section and submit nonidentifying statewide information to the Justice and Public Safety Cabinet, the Criminal Justice Council, the Cabinet for Health and Family Services, and the Interim Joint Committee on Health Services by December 1, 2008, and annually thereafter. The report shall include but not be limited to: (a) The number of firefighters or law enforcement officers trained per agency; (b) Firefighter or law enforcement responses to persons with mental illness, substance use disorders, intellectual disabilities, developmental disabilities, and dual diagnoses; (c) Incidents of harm to the firefighter or law enforcement officer or to the citizen; (d) The number of times physical force was required and the type of physical force used; and (e) The outcome of the encounters that may include but not be limited to incarceration or hospitalization. (11) To implement the requirements of subsections (2) to (5) and (8) to (10) of this section, the department may use public or private funds as available and may develop a contract with a nonprofit entity that is a Kentucky statewide mental health advocacy organization that has a minimum of five (5) years of experience in implementation of the CIT training program in Kentucky. (12) The Cabinet for Health and Family Services shall create a telephonic behavioral health jail triage system to screen prisoners for mental health risk issues, including suicide risk. The triage system shall be designed to give the facility receiving and housing the prisoner an assessment of his or her mental health risk, with the assessment corresponding to recommended protocols for housing, supervision, and care which are designed to mitigate the mental health risks identified by the system. The triage system shall consist of: (a) A screening instrument which the personnel of a facility receiving a prisoner shall utilize to assess inmates for mental health, suicide, intellectual disabilities, and acquired brain injury risk factors; and (b) A continuously available toll-free telephonic triage hotline staffed by a qualified mental health professional which the screening personnel may utilize if the screening instrument indicates an increased mental health risk for the assessed prisoner. (13) In creating and maintaining the telephonic behavioral health jail triage system, the cabinet shall consult with: (a) The Department of Corrections; (b) The Kentucky Jailers Association; and (c) The regional community services programs for mental health or individuals with an intellectual disability created under KRS 210.370 to 210.460. (14) The cabinet may delegate all or a portion of the operational responsibility for the triage system to the regional community services programs for mental health or individuals with an intellectual disability created under KRS 210.370 to 210.460 if the regional program agrees and the cabinet remains responsible for the costs of delegated functions. (15) The cabinet shall design into the implemented triage system the ability to screen and assess prisoners who communicate other than in English or who communicate other than through voice. (16) The cost of operating the telephonic behavioral health jail triage system shall be borne by the cabinet. (17) Records generated under this section shall be treated in the same manner and with the same degree of confidentiality as other medical records of the prisoner. (18) Unless the prisoner is provided with an attorney during the screening and assessment, any statement made by the prisoner in the course of the screening or assessment shall not be admissible in a criminal trial of the prisoner, unless the trial is for a crime committed during the screening and assessment. (19) The cabinet may, after consultation with those entities set out in subsection (13) of this section, promulgate administrative regulations for the operation of the telephonic behavioral health jail triage system and the establishment of its recommended protocols for prisoner housing, supervision, and care. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 18, effective June 29, 2023. -- Amended 2021 Ky. Acts ch. 114, sec. 1, effective June 29, 2021. -- Amended 2019 Ky. Acts ch. 128, sec. 3, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 75, effective July 12, 2012; and ch. 158, sec. 37, effective July 12, 2012. -- Amended 2007 Ky. Acts ch. 49, sec. 1, effective June 26, 2007. -- Amended 2005 Ky. Acts ch. 99, sec. 326, effective June 20, 2005. -- Created 2004 Ky. Acts ch. 137, sec. 2, effective July 13, 2004. Legislative Research Commission Note (6/26/2007). 2007 Ky. Acts ch. 85, sec. 335, instructs the Reviser of Statutes to correct statutory references to agencies and officers whose names have been changed in the Act, as it confirms the reorganization of the Justice and Public Safety Cabinet. Such a correction has been made in this section. Legislative Research Commission Note (6/26/2007). Under the authority of KRS 7.136(1), the Reviser of Statutes in codification has changed the internal numbering system of subsection (2) of this statute. The meaning of the text was not altered.

KRS 210.366 Training program in suicide assessment, treatment, and management -- Administrative regulations

210.366. Training program in suicide assessment, treatment, and management -- Administrative regulations (1) As used in this section: (a) "Board" means the Kentucky Board of Social Work, Kentucky Board of Licensure of Marriage and Family Therapists, Kentucky Board of Licensed Professional Counselors, Kentucky Board of Licensure for Pastoral Counselors, Kentucky Board of Alcohol and Drug Counselors, Kentucky Board of Examiners of Psychology, and Kentucky Board of Licensure for Occupational Therapy; and (b) "Training program in suicide assessment, treatment, and management" means an empirically supported training program approved by the boards that contains suicide assessment including screening and referral, suicide treatment, and suicide management. A board may approve a training program that excludes one (1) of the elements if the element is inappropriate for the profession in question or inappropriate for the level of licensure or credentialing of that profession based on the profession's scope of pra ctice. A training program that includes only screening and referral elements shall be at least three (3) hours in length. All other training programs approved under this section shall be at least six (6) hours in length. (2) Beginning January 1, 2015, each of the following professionals certified or licensed under KRS Title XXVI shall, at least once every six (6) years, complete a training program in suicide assessment, treatment, and management that is approved, in administrative regulations, by the respec tive boards: (a) A social worker, marriage and family therapist, professional counselor, or pastoral counselor certified or licensed under KRS Chapter 335; (b) An alcohol and drug counselor licensed or certified under KRS Chapter 309, and an alcohol and dr ug peer support specialist registered under KRS Chapter 309; (c) A psychologist licensed or certified under KRS Chapter 319; and (d) An occupational therapist licensed under KRS Chapter 319A. (3) (a) Except as provided in paragraph (b) of this subsection, a professional listed in subsection (2) of this section must complete the first training required by this section by July 2016. (b) A professional listed in subsection (2) of this section applying for initial licensure, registration, or certification on or after June 25, 2013, may delay completion of the first training required by this section for six (6) years after initial licensure, registration, or certification if he or she can demonstrate successful completion of a six (6) hour academic training program in suicide assessment, treatment, and management that: 1. Was completed no more than six (6) years prior to the application for initial licensure, registration, or certification; and 2. Is listed on the best practices registry of the American Foundation for Suicide Prevention and the Suicide Prevention Resource Center. (4) The hours spent completing a training program in suicide assessment, treatment, and management under this section count toward meeting any applicable continuing education requirements for each profession. (5) A board may, by administrative regulation, specify minimum training and experience that is sufficient to exempt a professional from the training requirements in subsection (2) of this section. (6) (a) The cabinet shall develop a model list of training programs in suicide assessment, treatment, and management. (b) When developing the model list, the cabinet shall: 1. Consider suicide assessment, treatment, and management training programs of at least six (6) hours in length listed on the best practices registry of the American Foundation for Suicide Prevention and the Suicide Prevention Resource Center; and 2. Consult with the boards, public and private institutions of higher education, experts in suicide assessment, treatment, and management, and affected professional associations. (7) Nothing in this section may be interpreted to expand or limit the scope of practice of any profession regulated under KRS Title XXVI. (8) The cabinet and the boards affected by this section shall adopt any administrative regulations necessary to implement this section. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 19, effective June 29, 2023. -- Amended 2015 Ky. Acts ch. 29, sec. 18, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 64, sec. 2, effective July 15, 2014. -- Created 2013 Ky. Acts ch. 17, sec. 1, effective June 25, 2013.

KRS 210.368 Definitions for section -- Mobile crisis services fund -- Terms -- Administrative regulations

210.368. Definitions for section -- Mobile crisis services fund -- Terms -- Administrative regulations (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "CMHC" means a community mental health center; (c) "Fund" means the mobile crisis services fund; and (d) "Mobile unit" means any vehicle which a CMHC uses to travel within its region to provide community services for Kentuckians who experience issues with mental health, developmental and intellectual disa bilities, and substance use disorder. (2) (a) The mobile crisis services fund is hereby established within the cabinet to provide loans to CMHCs for: 1. Increasing access to mental health services; and 2. Providing services to individuals who lack sufficient access to transportation and who are: a. Residing in rural areas; b. Residing in homeless shelters; or c. Disadvantaged mentally, physically, or economically. (b) Any loan issued by the cabinet shall not exceed a five (5) year term and the interest rate shall not exceed one percent (1%). (3) The cabinet shall: (a) Determine the terms and conditions of each loan, including the repayment to be deposited back in the fund for issuance of future loans to other CMHCs; (b) Review and adjudicate applications submitted by CMHCs that apply for a loan; (c) Monitor the performance of each CMHC in the program; and (d) By December 1, 2022, and by each December 1 thereafter, report to the Interim Joint Committee on Health Services information about each CMHC in the program, including: 1. The name and location of each CMHC that received a loan; 2. The amount of principal originally loaned; and 3. How each CMHC used the funds. (4) In order to apply for loan, a CMHC shall: (a) Submit an application to the cabinet; (b) Agree to use the funds for the purchase, operation, or establishment of mobile units; and (c) Agree to provide services to individuals who lack sufficient access to transportation and who are: 1. Residing in rural areas; 2. Residing in homeless shelters; or 3. Disadvantaged mentally, physically, or economically. (5) (a) The fund created in subsection (2) of this section shall be a trust and agency account. (b) The fund shall be administered by the cabinet. (c) The fund shall include moneys appropriated by the General Assembly, contributions, donations, gifts, or federal funds. (d) Moneys in the fund shall be used by the cabinet to administer this section. (e) Notwithstanding KRS 45.229, any moneys remaining in the fund at the close of the fiscal year shall not lapse but shall be carried forward into the succeeding fiscal year. (f) Interest earned on any moneys in the fund shall accrue to the fund. (g) Moneys deposited in the fund are hereby appropriated for the sole purpose of providing loans to CMHCs. (6) The appropriation provided by the General Assembly for fiscal years 2022 -2023 and 2023-2024 for mobile crisis services shall be considered startup fu nds to support the establishment of additional mobile crisis units and shall only be appropriated once. (7) The Cabinet for Health and Family Services may promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 25, sec. 20, effective June 29, 2023. -- Created 2022 Ky. Acts ch. 239, sec. 4, effective April 26, 2022.

KRS 210.370 Service areas for regional community services programs -- Cities or counties may join in providing programs for mental health or individuals with an intellectual disability -- Operating as behavioral health services organization when outside regional service area -- Expansion of out-of-region services -- Assistance from other service areas -- Collaborative request --

210.370. Service areas for regional community services programs -- Cities or counties may join in providing programs for mental health or individuals with an intellectual disability -- Operating as behavioral health services organization when outside regional service area -- Expansion of out-of-region services -- Assistance from other service areas -- Collaborative request -- Reimbursement for services outside area. (1) The following fifteen (15) regional service areas for regional community services programs are hereby created and established: (a) Regional service area one (1), which shall include the counties of Ballard, Carlisle, Hickman, Fulton, McCracken, Graves, Marshall, Livingston, and Calloway; (b) Regional service area two (2), which shall inc lude the counties of Crittenden, Lyon, Caldwell, Hopkins, Muhlenberg, Trigg, Christian, and Todd; (c) Regional service area three (3), which shall include the counties of Union, Henderson, Webster, McLean, Daviess, Ohio, and Hancock; (d) Regional service area four (4), which shall include the counties of Logan, Simpson, Butler, Warren, Edmonson, Hart, Barren, Allen, Metcalfe, and Monroe; (e) Regional service area five (5), which shall include the counties of Breckinridge, Meade, Grayson, Hardin, Larue, Nels on, Washington, and Marion; (f) Regional service area six (6), which shall include the counties of Bullitt, Henry, Jefferson, Oldham, Shelby, Spencer, and Trimble; (g) Regional service area seven (7), which shall include the counties of Boone, Kenton, Campbell, Carroll, Gallatin, Owen, Grant, and Pendleton; (h) Regional service area eight (8), which shall include the counties of Bracken, Mason, Robertson, Fleming, and Lewis; (i) Regional service area nine (9), which shall include the counties of Rowan, Bath, Montgomery, Menifee, and Morgan; (j) Regional service area ten (10), which shall include the counties of Greenup, Boyd, Carter, Elliott, and Lawrence; (k) Regional service area eleven (11), which shall include the counties of Johnson, Magoffin, Martin, Floyd, and Pike; (l) Regional service area twelve (12), which shall include the counties of Wolfe, Owsley, Lee, Breathitt, Leslie, Perry, Knott, and Letcher; (m) Regional service area thirteen (13), which shall include the counties of Jackson, Rockcastle, Laurel, Clay, Knox, Whitley, Bell, and Harlan; (n) Regional service area fourteen (14), which shall include the counties of Taylor, Adair, Green, Casey, Russell, Pulaski, Clinton, Cumberland, Wayne, and McCreary; and (o) Regional service area fifteen (15), which shall include the counties of Anderson, Franklin, Woodford, Mercer, Boyle, Lincoln, Garrard, Jessamine, Fayette, Scott, Harrison, Bourbon, Nicholas, Cl ark, Madison, Powell, and Estill. (2) Notwithstanding subsection (1) of this section, any combination of cities or counties of over fifty thousand (50,000) population, and upon the consent of the secretary of the cabinet any combination of cities or counties with less than fifty thousand (50,000) population, may establish a regional community services program and staff same with persons specially trained in psychiatry and related fields. Such programs and clinics may be administered by a community board for mental health or individuals with an intellectual disability established pursuant to KRS 210.370 to 210.460, or by a nonprofit corporation. (3) Notwithstanding any provision of law to the contrary and except as provided for in subsections (4) and (5) of this section: (a) A regional community services program may provide services outside of its regional service area as established in subsection (1) of this section, but when doing so, the regional community services program shall be considered, including by the cabinet, to be operating as a behavioral health services organization and not a regional community services program. (b) A regional community services program shall not be required to obtain licensure or any other form of authorization from the cabinet to operate as a behavioral health services organization outside of its regional service area as established in subsection (1) of this section. (c) When a regional community services program chooses to provide services as a behavioral health services organization outside of its regional service area as established in subsection (1) of this section, the regional community services program shall: 1. Comply with all administrative regulations related to behavioral health services organizations promulgated by the cabinet; and 2. Be reimbursed by the Department for Medicaid Services or a managed care organization with whom the department has contracted for the delivery of Medicaid services in accordance with KRS 205.560(8)(b). (4) (a) For any services being provided by a regional community services program outside of its regional service area as established in subsection (1) of this section prior to June 29, 2023, the provisions of subsection (3) of this section apply on or after January 1, 2025. (b) Beginning on June 29, 2023, the provisions of this subsection shall apply to any expansion of current out-of-region services, including the provision of additional services in an out-of-region county in which the regional community services program is providing services on June 29, 2023, and any expansion of services into an out-of-region county in which the regional community services program is not providing services on June 29, 2023. (5) (a) If a regional community services program notifies the secretary in writing that the regional community services program is unable to provide a service that is included in its respective plan and budget for the current fiscal year: 1. The secretary shall contact the regional community services programs in the regional service areas contiguous to the region that has notified the secretary to assess their interest in and ability to provide the service that the regional community service program indicated it is unable to provide. If a regional community services program in a contiguous regional service area is interested in and able to provide the service, the secretary shall approve it to provide that service in the regional service area of the regional community services program that made notice to the secretary; and 2. If a regional community services program in a contiguous region is not interested in or is unable to provide the service, the secretary shall contact all other regional community services programs to assess their interest in and ability to provide the service that the regional community services program indicated it is unable to provide. If another regional community services program in a noncontiguous regional service area is interested in and able to provide the service, the secretary shall approve it to provide that service in the regional service area of the regional community services program that made notice to the secretary. (b) If the secretary receives joint notification from a regional community services program assigned to serve a specific county pursuant to subsection (1) of this section and a regional community services program whose region as established in subsection (1) of this section is contiguous to the region in which the county lies requesting that the regional community services program from the contiguous region be permitted to continue to provide an array of services that it was providing in the county in question on June 29, 2023, the secretary shall approve and recognize the collaborative request. (c) If a regional community services program is approved by the secretary pursuant to this subsection to provide services outside of its regional service area as established in subsection (1) of this section, the regional community services program shall be considered, including by the cabinet, to be operating as a regional community services program and shall be reimbursed by the Department for Medicaid Services or a managed care organization with whom the department has contracted for the delivery of Medicaid services accordingly. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 184, sec. 2, effective June 29, 2023. -- Amended 2012 Ky. Acts ch. 146, sec. 76, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 327, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 271, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 1, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 2. Formerly codified as KRS 203.410.

KRS 210.380 Community board programs for mental health or individuals with an intellectual disability -- Establishment -- Membership

210.380. Community board programs for mental health or individuals with an intellectual disability -- Establishment -- Membership Every combination of cities and counties establishing a regional community services program for mental health or individuals with an intellectual disability shall, before it comes within the provisions of KRS 210.370 to 210.460, establish a community board for mental health or individuals with an intellectual disability consisting of at least nine (9) members. When a nonprofit corporation is the administrator of such a program not established by a combination of either cities or counties, such corporation shall select a community board for mental health or individuals with an intellectual disability which shall be representative of the groups herein enumerated, but the number of members need not be nine (9). When any combination of cities and counties establishes a regional community services program for mental health or individuals with an intellectual disability, the chief executive officer of each participating city or county shall appoint two (2) members to a selecting committee which shall select the members of the board. Membership of the community boards for mental health or individuals with an intellectual disability shall be representative of the elected chief executives of county governments, local health departments, medical societies, county welfare boards, hospital boards, lay associations concerned with mental health and intellectual disabilities as well as labor, business and civic groups, and the general public. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 77, effective July 12, 2012. -- Amended 1978 Ky. Acts ch. 396, sec. 2, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 328, sec. 10. -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 6. Formerly codified as KRS 203.420.

KRS 210.390 Terms of members of board -- Vacancies -- Removal

210.390. Terms of members of board -- Vacancies -- Removal The term of office of each member of the community board for mental health or individuals with an intellectual disability shall be for four (4) years measured from the first day of the year of appointment except that of the members first appointed, three (3) shall be appointed for a term of two (2) years, three (3) for a term of three (3) years, and three (3) for a term of four (4) years. Vacancies shall be filled for the unexpired term in the same manner as original appointments. Any member of a board may be removed by the appointing authority for neglect of duty, misconduct or malfeasance in office, after being given a written statement of charges and an opportunity to be heard thereon. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 78, effective July 12, 2012. -- Amended 1978 Ky. Acts ch. 396, sec. 3, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 328, sec. 11. -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 7. Formerly codified as KRS 203.430.

KRS 210.400 Duties of board

210.400. Duties of board Subject to the provisions of this section and the policies and regulations of the secretary of the Cabinet for Health and Family Services, each community board for mental health or individuals with an intellectual disability shall: (1) Review and evaluate services for mental health or individuals with an intellectual disability provided pursuant to KRS 210.370 to 210.460, and report thereon to the secretary of the Cabinet for Health and Family Services, the administrator of the program, and, when indicated, the public, together with recommendations for additional services and facilities; (2) Recruit and promote local financial support for the program from private sources such as community chests, business, industrial and private foundations, voluntary agencies, and other lawful sources, and promote public support for municipal and county appropriations; (3) Promote, arrange, and implement working agreements with other social service agencies, both public and private, and with other educational and judicial agencies; (4) Adopt and implement policies to stimulate effective community relations; (5) Be responsible for the development and approval of an annual plan and budget; (6) Act as the administrative authority of the community program for mental health or individuals with an intellectual disability; (7) Oversee and be responsible for the management of the community program for mental health or individuals with an intellectual disability in accordance with the plan and budget adopted by the board and the policies and regulations issued under KRS 210.370 to 210.480 by the secretary of the Cabinet for Health and Family Services; (8) Comply with the provisions of KRS 65A.010 to 65A.090; and (9) Deliver the training recommended by the Department for Behavioral Health, Developmental and Intellectual Disabilities for local jailers and other officers of the court who may come in contact with persons deemed mentally ill and who are incarcerated or in detention. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 4, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 171, sec. 14, effective April 14, 2018; and ch. 207, sec. 14, effective April 27, 2018. -- Amended 2013 Ky. Acts ch. 40, sec. 64, effective March 21, 2013. -- Amended 2012 Ky. Acts ch. 146, sec. 79, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 328, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 272, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 4, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 8. Formerly codified as KRS 203.440.

KRS 210.405 Board may act as fiduciary -- Duties -- Powers

210.405. Board may act as fiduciary -- Duties -- Powers (1) Any regional community board for mental health or individuals with an intellectual disability established pursuant to KRS 210.380 and recognized by the secretary of the Cabinet for Health and Family Services may be appointed and act as executor, administrator, guardian, limited guardian, conservator, or limited conservator, as provided in this section. In this capacity, the board may transact business in the same manner as any individual and for this purpose may sue and be sued in any of the courts of the state. Bond shall not be required of the board. (2) Whenever a person who has been adjudged mentally disabled and requires mental health services has no guardian or conservator, the board, acting through its designated officer, may apply to the District Court of the county in which the adjudication was made for its appointment as guardian or conservator for such mentally disabled person. The board may also apply to be substituted as guardian or conservator for a mentally disabled person whose guardian or conservator is the Cabinet for Health and Family Services and who has been discharged or whose discharge is imminent from a Cabinet for Health and Family Services facility. (3) Upon the death of a person for whom the board has been appointed guardian or conservator leaving an estate and having no relatives at the time residing within the state, the board may apply for appointment as administrator and upon appointment shall close the administration of the estate. (4) The board may invest funds held as fiduciary in bonds or other securities guaranteed by the United States, and may sell or exchange such securities in its discretion. (5) The board shall receive such fees for its fiduciary services as provided by law. These fees shall be placed in a trust and agency account, from which may be drawn expenses for filing fees, court costs, and other expenses incurred in the administration of estates. Claims of the board against the estates shall be considered in the same manner as any other claim. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 80, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 329, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 273, effective July 15, 1998. -- Amended 1982 Ky. Acts ch. 141, sec. 71, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 396, sec. 5, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 202, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Created 1970 Ky. Acts ch. 278, sec. 4. Note: 1980 Ky. Acts ch. 396, sec. 75 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 210.410 State aid for regional mental health and intellectual disability programs

210.410. State aid for regional mental health and intellectual disability programs (1) The secretary of the cabinet is hereby authorized to make state grants and other fund allocations from the cabinet to assist any regional service area established in KRS 210.370, any combination of cities and counties, or nonprofit corporations in the establishment and operation of regional community mental health and intellectual disability programs which may provide primary care services and shall provide at least the following services: (a) Inpatient services; (b) Outpatient services; (c) Partial hospitalization or psychosocial rehabilitation services; (d) Emergency services; (e) Consultation and education services; and (f) Services for individuals with an intelle ctual disability. (2) The services required in subsection (1)(a), (b), (c), (d), and (e) of this section, in addition to primary care services, if provided, shall be available to the mentally ill, drug abusers and alcohol abusers, and all age groups includ ing children and the elderly. The services required in subsection (1)(a), (b), (c), (d), (e), and (f), in addition to primary care services, if provided, shall be available to individuals with an intellectual disability. The services required in subsection (1)(b) of this section shall be available to any child age sixteen (16) or older upon request of such child without the consent of a parent or legal guardian, if the matter for which the services are sought involves alleged physical or sexual abuse by a p arent or guardian whose consent would otherwise be required. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 184, sec. 3, effective June 29, 2023. -- Amended 2014 Ky. Acts ch. 124, sec. 1, effective July 15, 2014. -- Amended 2010 Ky. Acts ch. 141, sec. 20, effective July 15, 2010. -- Amended 2005 Ky. Acts ch. 99, sec. 330, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 274, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 283, sec. 1, effective July 15, 1988. -- Amended 1978 Ky. Acts ch. 396, sec. 6, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Act s ch. 14, sec. 202, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Amended 1970 Ky. Acts ch. 278, sec. 5. -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 1. Formerly codified as KRS 203.450.

KRS 210.420 Limits on state general fund grants -- Purpose for which made -- Distribution formula

210.420. Limits on state general fund grants -- Purpose for which made -- Distribution formula (1) Except as hereinafter provided, grants from state general funds for any program shall not exceed fifty percent (50%) of the total expenditures for: (a) Salaries; (b) Contract facilities and services; (c) Operation, maintenance, and service costs; (d) Per diem and travel expenses for members of the community boards for mental health or individuals with an intellectual disability; and (e) Other expenditures specifically approved by the secretary for health and family services. No grants from state general funds shall be made for capital expenditures. Grants from state general funds may be made for expenditures for services for mental health or individuals with an intellectual disability, whether provided by operation of a local facility or through contract with other public or private agencies. (2) The secretary of the Cabinet for Health and Family Services shall distribute to community boards for mental health or individuals with an intellectual disability those general funds appropriated to the cabinet for the operation of regional community programs for mental health or individuals with an intellectual disability. This distribution shall be by a formula which includes provisions for: (a) Per capita allocations; (b) Incentive allocations which require local matching funds based on the per capita wealth of the area served; and (c) Discretionary allocations to be available to the secretary to maintain essential services pursuant to KRS 210.410. The formula for allocation of community program general funds for mental health or individuals with an intellectual disability shall be prescribed by administrative regulations. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 81, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 331, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 275, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 7, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 5. Formerly codified as KRS 203.460.

KRS 210.430 Plan, budget, and membership of board to be submitted to obtain aid

210.430. Plan, budget, and membership of board to be submitted to obtain aid Any community board for mental health or individuals with an intellectual disability or nonprofit corporation administering a services program for mental health or individuals with an intellectual disability may apply for the assistance provided by KRS 210.370 to 210.460 by submitting annually to the secretary of the Cabinet for Health and Family Services its plan, budget, and membership of the board for the next fiscal year. No program shall be eligible for a state grant and other fund allocations from the Cabinet for Health and Family Services hereunder unless its plan and budget have been approved by the secretary of the Cabinet for Health and Family Services, and no program shall be eligible for a state grant and other fund allocations from the Cabinet for Health and Family Services hereunder unless the board composition is reasonably representative of those groups enumerated in KRS 210.380. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 82, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 332, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 276, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 8, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 328, sec. 12. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 3. Formerly codified as KRS 203.470.

KRS 210.440 Allocation of funds -- Withdrawal of funds or board recognition -- Action by secretary when emergency exists -- Appeal and hearing

210.440. Allocation of funds -- Withdrawal of funds or board recognition -- Action by secretary when emergency exists -- Appeal and hearing (1) At the beginning of each fiscal year, the secretary of the Cabinet for Health and Family Services shall allocate available funds to the boards for mental health or individuals with an intellectual disability or nonprofit organizations for disbursement during the fiscal year in accordance with approved plans and budgets. The secretary shall, from time to time during the fiscal year, review the operations, budgets, and expenditures of the various programs; and if funds are not needed for a program to which they were allocated or if the board has failed to pay employer contributions for which it is liable by i ts participation in the Kentucky Employees Retirement System, he or she may, after reasonable notice and opportunity for hearing, withdraw any funds that are unencumbered and reallocate them to other programs. He may withdraw funds from any program, or com ponent part thereof: (a) Which is not being operated and administered in accordance with its approved plan and budget, and the policies and administrative regulations of the cabinet promulgated pursuant to KRS 210.370 to 210.480; or (b) If the board has failed to pay employer contributions for which it is liable by its participation in the Kentucky Employees Retirement System. (2) If the secretary finds at any time that a board for mental health or individuals with an intellectual disability or nonprofit or ganization to which funds have been allocated for the operation of a regional community program for mental health or individuals with an intellectual disability is not operating and administering its program in compliance and accordance with the approved p lan and budget and the policies and administrative regulations of the cabinet, or if the board has failed to pay employer contributions for which it is liable by its participation in the Kentucky Employees Retirement System or if the board has filed for ba nkruptcy, he or she may withdraw his or her recognition of that board or organization as the local authority for the receipt of funds and the operation and administration of regional community programs for mental health or individuals with an intellectual disability. (3) If the secretary finds at any time that an emergency situation exists with regard to the financial stability of any regional board for mental health or individuals with an intellectual disability or nonprofit organization, including a regio nal board's inability to pay employer contributions to the Kentucky Employees Retirement System or a regional board's actions to file for bankruptcy, which jeopardizes the continuation of programs and provision of services in the area served by that board or nonprofit organization, he or she may, other statutes to the contrary notwithstanding: (a) Appoint a caretaker administrator who shall be authorized to direct the operation and administration of the board or nonprofit organization's community programs for mental health or individuals with an intellectual disability including, but not limited to, their financial record keeping, their personnel management operations, and their financial and program reporting; and (b) Make personnel changes deemed necessary to insure the continued operation of the board or nonprofit organization in compliance with its plan and budget and the policies and regulations of the cabinet. (4) Any community board for mental health or individuals with an intellectual disability to be affected by the provisions of subsections (2) and (3) of this section shall be notified by the secretary of the Cabinet for Health and Family Services thirty (30) days prior to the anticipated action by the secretary. The notification shall be by means of a letter from the secretary to the chairman of the board for mental health or individuals with an intellectual disability in question and shall state the reasons for the anticipated action. Following the notification, the board for mental health or individuals with an intellectual disability may: (a) Comply with the secretary's action without contesting it; or (b) Request an administrative hearing before a hearing officer appointed by the Office of Administrative Hearings within the Department of Law to show cause why the action should not stand. The application shall be made within seven (7) days of the receipt of the letter from the secretary, and the hearing shall be conducted in accordance with KRS Chapter 13B. Effective: July 1, 2025 History: Amended 2025 Ky. Acts ch. 59, sec. 22, effective July 1, 2025. -- Amended 2015 Ky. Acts ch. 28, sec. 16, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 83, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 333, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 277, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 318, sec. 101, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 499, sec. 13, effective July 13, 1990. -- Amended 1978 Ky. Acts ch. 396, sec. 9 , effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (8) and (21). -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 4. Formerly codified as KRS 203.480.

KRS 210.450 Additional powers and duties of secretary as to regional programs

210.450. Additional powers and duties of secretary as to regional programs In addition to the powers and duties already conferred upon him by the law, the secretary of the Cabinet for Health and Family Services shall: (1) Promulgate policies and regulations governing eligibility of community programs for mental health or individuals with an intellectual disability to receive state grants and other fund allocations from the Cabinet for Health and Family Services, prescribing standards for qualification of personnel and quality of professional service and for in-service training and educational leave programs for personnel, governing eligibility for service so that no person will be denied service on the basis of race, color or creed, or inability to pay, providing for establishment of fee schedules which shall be based upon ability to pay, regulating fees for diagnostic services, which services may be provided for anyone without regard to his financial status, when referred by the courts, schools, or health and welfare agencies whether public or private, governing financial record keeping, prescribing standards for personnel management operations, providing for financial and program reporting requirements, and such other policies and regulations as he deems necessary to carry out the purposes of KRS 210.370 to 210.460; (2) Review and evaluate local programs and the performance of administrative and psychiatric personnel and make recommendations thereon to community boards for mental health or individuals with an intellectual disability and program administrators; (3) Provide consultative service, by professionals qualified in the areas of mental health and intellectual disabilities by education and training, to communities to assist in ascertaining local needs and in planning and establishing community programs for mental health or individuals with an intellectual disability; (4) Employ necessary and qualified personnel to implement KRS 210.370 to 210.460; and (5) Review annually the personnel policies, procedures, and personnel compensation plans of community boards for mental health or individuals with an intellectual disability and disapprove if not consistent with accepted standards of personnel and salary administration prescribed by the cabinet. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 84, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 334, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 278, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 10, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 61. -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 9. Formerly codified as KRS 203.490.

KRS 210.460 Cities and counties may appropriate funds and levy tax for regional program

210.460. Cities and counties may appropriate funds and levy tax for regional program In order to provide the necessary funds to establish and operate a services program for mental health or individuals with an intellectual disability and to establish and maintain a clinic, any city or county coming under the provisions of KRS 210.370 to 210.460 may contribute its proportionate share of the cost of the program, to be apportioned on a population basis, by direct appropriation from its general tax fund or by allocating therefor the proceeds of a special tax for the support of the program. The cost shall be deemed for all purposes a proper county expense. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 85, effective July 12, 2012. -- Amended 1978 Ky. Acts ch. 396, sec. 11, effective June 17, 1978. -- Amended 1968 Ky. Acts ch. 90, sec. 64(3). -- Created 1964 Ky. Acts ch. 79, sec. 10. Formerly codified as KRS 203.500.

KRS 210.470 Taxing district for mental health or individuals with an intellectual disability -- Governing board

210.470. Taxing district for mental health or individuals with an intellectual disability -- Governing board (1) It is the intent of this section to create a taxing district for mental health or individuals with an intellectual disability by operation of law in each county coming under the provisions of KRS 210.370 to 210.460, in order to implement KRS 210.460. (2) In all counties which have participated in the establishment of a regional community services program for mental health or individuals with an intellectual disability under KRS 210.380, a taxing district for mental health or individuals with an intellectual disability is hereby declared to be created. (3) The members of the community board for mental health or individuals with an intellectual disability recognized by the secretary for health and family services pursuant to KRS 210.380 shall, by virtue of their office, constitute and be the governing board of the taxing district for mental health or individuals with an intellectual disability and shall perform the duties attendant thereto in addition to their duties as members of the community board for mental health or individuals with an intellectual disability. Officers of the community board for mental health or individuals with an intellectual disability shall be the officers of the taxing district for mental health or individuals with an intellectual disability. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 86, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 335, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 279, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 12, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (8). -- Created 1970 Ky. Acts ch. 278, sec. 8.

KRS 210.480 Special ad valorem tax for mental health or individuals with an intellectual disability

210.480. Special ad valorem tax for mental health or individuals with an intellectual disability (1) If, after the establishment of the taxing district for mental health or individuals with an intellectual disability as provided for in this section, KRS 210.460, and KRS 210.470, the tax levying authorities in member areas of the district, in the opinion of the community board for mental health or individuals with an intellectual disability, do not appropriate an amount sufficient to meet the needs of the services program for mental health or individuals with an intellectual disability and clinic, as established pursuant to KRS 210.370, the community board for mental health or individuals with an intellectual disability, acting as the governing body of the taxing district shall, with the approval of the Cabinet for Health and Family Services, request the fiscal courts in each of the member areas which have not contributed a sufficient proportionate share of the cost of the program, to impose a special ad valorem tax for mental health or individuals with an intellectual disability in such amount that it deems sufficient, but not in excess of four cents ($0.04) per one hundred dollars ($100) of full assessed valuation. The fiscal court may, upon receipt of a duly certified copy of said request, include in the next ad valorem tax levy said special tax for mental health or individuals with an intellectual disability imposed by the board for mental health or individuals with an intellectual disability, which shall be in addition to all other county ad valorem taxes. If levied by the fiscal court, said special tax for mental health or individuals with an intellectual disability shall be collected in the same manner as are other county ad valorem taxes and turned over to the community board for mental health or individuals with an intellectual disability to be used for the maintenance and operation of the services program for mental health or individuals with an intellectual disability and clinic as provided in KRS 210.460. No appropriation for a services program for mental health or individuals with an intellectual disability and clinic established under KRS 210.370 shall be reduced or eliminated on the grounds that a special tax has been levied where the community board for mental health or individuals with an intellectual disability requested the amount levied as a necessary supplement to that appropriation. Taxing districts organized pursuant to KRS 210.470 shall not be subject to the provisions of the compensating tax rate as defined by KRS 132.010 nor to Acts 1965 (1st Ex. Sess.), ch. 2. (2) Nothing contained in this section shall be construed as precluding any city or county from appropriating or allocating funds in any other manner for the support of the regional services program for mental health or individuals with an intellectual disability and clinic, pursuant to KRS 210.460, or any other statutory provision. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 87, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 336, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 280, effective July 15, 1998. -- Amended 1978 Ky. Acts ch. 396, sec. 13, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1970 Ky. Acts ch. 278, sec. 9.

KRS 210.485 Regional boards to provide lists of hospitals, psychiatric facilities, and treatment providers for involuntary treatment under KRS 222.433 and 222.434

210.485. Regional boards to provide lists of hospitals, psychiatric facilities, and treatment providers for involuntary treatment under KRS 222.433 and 222.434 Regional community boards for mental health or individuals with an intellectual disability shall, on at least an annual basis, submit the following lists to the circuit clerks in each board's region: (1) A list of hospitals and psychiatric facilities in the judicial districts within the board's region which are able and willing to take respondents ordered to undergo seventy- two (72) hours of treatment and observation pursuant to KRS 222.434; and (2) A list of hospitals and treatment providers in the judicial districts within the board's region who are able and willing to provide treatment for substance use disorder ordered pursuant to KRS 222.433. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 5, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 88, effective July 12, 2012. -- Created 2004 Ky. Acts ch. 116, sec. 9, effective July 13, 2004.

KRS 210.506 Regional planning councils -- Groups to be invited to join council

210.506. Regional planning councils -- Groups to be invited to join council (1) The regional community boards for mental health or individuals with an intellectual disability established under KRS 210.370 shall institute regional planning councils for the purpose of conducting assessment and strategic planning. The councils shall be attached to the community boards for mental health or individuals with an intellectual disability for administrative purposes. (2) A member of the regional community board for mental health or individuals with an intellectual disability shall serve as chair of the regional planning council. (3) The board shall issue invitations to join the council to no less than two (2) representatives of each of the following groups: (a) Family members of individuals with mental illness, substance use disorder, and dual diagnoses; (b) Consumers of mental health and substance use disorder services; (c) County officials and business leaders; (d) Health departments and primary care physicians; (e) Advocates and community organizations; (f) Educators and school personnel; (g) Regional interagency councils established under KRS Chapter 200; (h) Law enforcement and court personnel; (i) Public and private organizations, agencies, or facilities that provide services for mental health and substance use disorder in the region that represent inpatient services, outpatient services, residential services, and community- based supportive housing programs; (j) Individuals who provide mental health and substance use disorder services in the region; and (k) Public and private hospitals that provide mental health and substance use disorder services. (4) The regional planning councils may establish bylaws and procedures to assist in the operation of the councils. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 6, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 91, effective July 12, 2012. -- Amended 2003 Ky. Acts ch. 5, sec. 3, effective June 24, 2003. -- Created 2000 Ky. Acts ch. 507, sec. 4, effective April 21, 2000.

KRS 210.509 Meeting and duties of regional planning councils

210.509. Meeting and duties of regional planning councils (1) The regional planning councils shall meet as often as necessary to accomplish their purpose. (2) The regional planning councils shall: (a) Assess in the region the needs of individuals with mental illness, substance use disorders, and dual diagnoses; (b) 1. Study the regional mental health and substance use disorder treatment delivery system and identify specific barriers in each region to accessing services; 2. Assess the capacity of and gaps in the existing system, including the adequacy of a safety net system and the adequacy and availability of the mental health and substance use disorder professional workforce in each region; and 3. Assess the coordination and collaboration of efforts between public and private facilities and entities; (c) Develop a regional strategy to increase access to community-based services and supports for individuals with mental illness, substance use disorders, and dual diagnoses. The strategies may include: 1. Exploration of the use of community-based treatment programs, including but not limited to community-based hospitalization; 2. Access to and funding for the most effective medications; 3. Promotion of family and consumer support groups statewide; 4. Reduction of instances of criminalization of individuals with mental illness, substance use disorders, and dual diagnoses; and 5. Efforts to increase housing options for persons at risk of institutionalization; (d) Identify funding; (e) Evaluate the access of children and youth to mental health and substance use disorder services and preventive programs within the region, including but not limited to those provided by schools, family resource and youth services centers, public and private mental health and substance use disorder providers and facilities, physical health care providers and facilities, the faith community, and community agencies; (f) Collect and evaluate data regarding individuals with mental illness, substance use disorders, and dual diagnoses who experience repeated hospital admissions, involvement with law enforcement, courts, and the judicial system, and repeated referrals from hospitals to community-based services; and (g) Make recommendations on each subsection of this section in the regional annual plans required by KRS 210.400. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 7, effective June 27, 2019. -- Amended 2003 Ky. Acts ch. 5, sec. 4, effective June 24, 2003. -- Created 2000 Ky. Acts ch. 507, sec. 5, effective April 21, 2000.

KRS 210.520 Enactment of compact

210.520. Enactment of compact The interstate compact on mental health is hereby enacted into law and entered into by this state with all other states legally joining therein as follows: The contracting states solemnly agree that: ARTICLE I The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare. ARTICLE II As used in this compact: (a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent; (b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent; (c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency; (d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact; (e) "After-care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release; (f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community; (g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein; (h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. ARTICLE III (a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications. (b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate. (c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient. (d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient. (e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient. ARTICLE IV (a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent. (b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state. (c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients. ARTICLE V Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law. ARTICLE VI The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference. ARTICLE VII (a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state. (b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves. (c) No provision of this compact shall be construed to alter or affect any internal relationships, among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibility therefor. (d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact. (e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made. ARTICLE VIII (a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state, shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment. (b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient. ARTICLE IX (a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution. (b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such person shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency. ARTICLE X (a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder. (b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact. ARTICLE XI The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact. ARTICLE XII This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein. ARTICLE XIII (a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact. (b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement. ARTICLE XIV This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters. History: Created 1958, sec. 163, sec. 1.

KRS 210.530 Compact administrator

210.530. Compact administrator The Governor is authorized and empowered to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator shall serve subject to the pleasure of the Governor, and is authorized, empowered, and directed to cooperate with all cabinets, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or of any supplementary agreement or agreements entered into by this state thereunder. History: Created 1958, sec. 163, sec. 2.

KRS 210.540 Supplementary agreements

210.540. Supplementary agreements The compact administrator is authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the cabinet or agency under whose jurisdiction said institution or facility is operated or whose cabinet or agency will be charged with the rendering of such service. History: Created 1958, sec. 163, sec. 3.

KRS 210.550 Financial participation

210.550. Financial participation The compact administrator, subject to the approval of the secretary of the Finance and Administration Cabinet, may make or arrange for any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into thereunder. History: Amended 1974 Ky. Acts ch. 74, Art. II, sec. 9(2). -- Created 1958 Ky. Acts ch. 163, sec. 4, effective June 19, 1958.

KRS 210.570 Legislative findings on review and evaluation of current system of services and supports for persons with an intellectual disability and other developmental disabilities -- Construction of KRS 210.570 to 210.577

210.570. Legislative findings on review and evaluation of current system of services and supports for persons with an intellectual disability and other developmental disabilities -- Construction of KRS 210.570 to 210.577 The General Assembly of the Commonwealth of Kentucky hereby finds and declares that: (1) Assistance and support to citizens of the Commonwealth with an intellectual disability and other developmental disabilities are necessary and appropriate roles of state government; (2) The current system of services and supports to persons with an intellectual disability and other developmental disabilities suffers from a lack of program coordination, funding, controls on quality of care, and review and evaluation; (3) As part of the review and evaluation, it is necessary to require: (a) Identification, development, and provision of services and supports for persons with an intellectual disability and other developmental disabilities using available institutional care as appropriate and integrated with community-based services designed to be inclusive, responsive to individual needs, and protective of the individual's legal rights to equal opportunity; (b) Review of current funding mechanisms to determine the best method to establish an array of community-based comprehensive services using facility- based outpatient services and supports that are available through public and private sectors, including nonprofit and for-profit service providers, that will allow persons with an intellectual disability and other developmental disabilities the opportunity to participate in community life. The review shall include consideration of the availability of residential alternatives, employment opportunities, and opportunities for participation in community- based social and recreational activities; and (c) Development of funding strategies to promote appropriate use of community- based services and supports that provide: 1. Flexibility for persons with an intellectual disability and other developmental disabilities; 2. Distribution of available funds among all interested service providers, including nonprofit and for-profit service providers, based on the needs of the person with an intellectual disability and other developmental disabilities; and 3. Efficiency and accountability to the general public; (4) KRS 210.570 to 210.577 shall be construed to protect and to promote the continuing development and maintenance of the physical, mental, and social skills of persons with an intellectual disability and other developmental disabilities; and (5) KRS 210.570 to 210.577 shall not be construed: (a) To alter any requirements or responsibilities that are mandated by any state or federal law; (b) To relieve any organizational unit or administrative body of its duties under state or federal law; or (c) To transfer among state organizations or administrative bodies any responsibilities, powers, or duties that are mandated by state or federal law. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 92, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 141, sec. 21, effective July 15, 2010. -- Created 2000 Ky. Acts ch. 403, sec. 1, effective April 14, 2000.

KRS 210.575 Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities -- Membership -- Chair -- Compensation

210.575. Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities -- Membership -- Chair -- Compensation (1) There is created the Kentucky Commission on Services and Supports for Individuals with an Intellectual Disability and Other Developmental Disabilities. The commission shall consist of: (a) The secretary or designee of the Cabinet for Health and Family Services; (b) The commissioner or designee of the Department for Behavioral Health, Developmental and Intellectual Disabilities; (c) The commissioner or designee of the Department for Medicaid Services; (d) The commissioner or designee of the Department of Education; (e) The executive director of the Office of Vocational Rehabilitation; (f) The director of the University Affiliated Program at the Interdisciplinary Human Development Institute of the University of Kentucky; (g) The director of the Kentucky Council on Developmental Disabilities; (h) Two (2) members of the House of Representatives, appointed by the Speaker of the House; (i) Two (2) members of the Senate, appointed by the Senate President; and (j) Public members, appointed by the Governor as follows: 1. One (1) member representing families of a child with an intellectual or other developmental disability residing in the home of the family member; 2. One (1) member representing families of an adult with an intellectual or other developmental disability residing in the home of the family member; 3. One (1) member representing families of an adult with an intellectual or other developmental disability residing in a community-based setting; 4. One (1) member representing families of an individual with an intellectual or other developmental disability residing in an institutional residential facility that provides services to individuals with intellectual disabilities; 5. Three (3) persons with intellectual or other developmental disabilities; 6. Two (2) business leaders; 7. Two (2) providers of intellectual or other developmental disability services; 8. One (1) provider of intellectual or other developmental disability services that is a regional community program for mental health or individuals with an intellectual disability established pursuant to KRS 210.370; and 9. One (1) representative of a statewide advocacy organization providing education and outreach on topics associated with intellectual and other developmental disabilities. The thirteen (13) appointments made under this paragraph shall be chosen to reflect representation from each of Kentucky's six (6) congressional districts. (2) The secretary of the Cabinet for Health and Family Services may serve as chair of the commission or the secretary may appoint his or her designee, the commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, or the commissioner's designee to serve as chair. (3) Members defined in subsection (1)(a) to (i) of this section shall serve during their terms of office. All public members appointed by the Governor shall serve a four (4) year term and may be reappointed for one (1) additional four (4) year term. (4) The members appointed by the Governor shall serve until their successors are appointed and qualified. (5) Members appointed by the Governor to fill a vacated position shall serve the remainder of that position's term and may be reappointed for a four (4) year term. (6) Members described in subsection (1)(h) and (i) of this section who fail to attend fifty percent (50%) of commission meetings in a fiscal year may be recommended to the Speaker of the House or the Senate President for replacement with new members. (7) Members appointed under subsection (1)(j) of this section shall provide advance notice, on a meeting-by-meeting basis, to the person designated by the commission chair if the member will be sending a representative. (8) Members appointed under subsection (1)(j) of this section who fail to attend fifty percent (50%) of the commission meetings in a fiscal year may be recommended to the Governor for replacement with a new member. (9) Members appointed under subsection (1)(j) of this section who send representatives for greater than fifty percent (50%) of the commission meetings in a fiscal year may be recommended to the Governor for replacement with a new member. (10) All public members of the commission shall receive twenty-five dollars ($25) per day for attending each regularly scheduled meeting or any special meeting called by the chair. All commission members shall be reimbursed for necessary travel and other expenses actually incurred in the discharge of duties of the commission. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 17, effective July 15, 2020. -- Amended 2012 Ky. Acts ch. 146, sec. 93, effective July 12, 2012; and ch. 158, sec. 40, effective July 12, 2012. -- Amended 2010 Ky. Acts ch. 141, sec. 22, effective July 15, 2010. -- Amended 2006 Ky. Acts ch. 211, sec. 125, effective July 12, 2006. -- Amended 2005 Ky. Acts ch. 99, sec. 55, effective June 20, 2005. -- Amended 2003 Ky. Acts ch. 161, sec. 1, effective June 24, 2003. -- Amended 2002 Ky. Acts ch. 59, sec. 3, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 75, sec. 1, effective June 21, 2001. -- Created 2000 Ky. Acts ch. 403, sec. 2, effective April 14, 2000. Legislative Research Commission Note (7/15/2010). 2010 Ky. Acts ch. 141, sec. 22, changed "Kentucky Commission on Services and Supports for Individuals with Mental Retardation" to "Kentucky Commission on services and Supports for Individuals with Intellectual Disabilities." It is apparent from an examination of other sections of this Act and from consultation with the drafter that "Individuals with Intellectual Disabilities" should have been "Individuals with an Intellectual Disability," to conform with changes made to other sections of the Act. The Reviser of Statutes had made this change under the authority of KRS 7.136.

KRS 210.577 Commission's meetings, purposes, and goals -- Report

210.577. Commission's meetings, purposes, and goals -- Report (1) The commission created in KRS 210.575 shall meet at least quarterly or upon the call of the chair, the request of four (4) or more members, or the request of the Governor. (2) The commission shall serve in an advisory capacity to accomplish the following: (a) Advise the Governor and the General Assembly concerning the needs of persons with intellectual or other developmental disabilities; (b) Develop a statewide strategy to increase the quality and availability of community-based services and supports for persons with intellectual or other developmental disabilities; and (c) Review quality assurance and consumer satisfaction data annually and submit recommendations that address areas of need to the Cabinet for Health and Family Services. (3) The commission shall submit an annual report describing its work over the previous year, including recommendations submitted pursuant to subsection (2)(c) of this section, no later than December 1 to the Governor and the Legislative Research Commission. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 18, effective July 15, 2020. -- Amended 2010 Ky. Acts ch. 141, sec. 23, effective July 15, 2010. -- Amended 2003 Ky. Acts ch. 108, sec. 2, effective June 24, 2003; and ch. 161, sec. 2, effective June 24, 2003. - - Created 2000 Ky. Acts ch. 403, sec. 3, effective April 14, 2000.

KRS 210.700 Short title

210.700. Short title KRS 210.710 to 210.760 may be cited as the "Patient Liability Act of 1978." Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 278, sec. 1, effective June 17, 1978.

KRS 210.710 Definitions for KRS 210.710 to 210.760

210.710. Definitions for KRS 210.710 to 210.760 (1) "Cabinet" means the Cabinet for Health and Family Services. (2) "Facility" means a hospital or other institution operated or utilized by the cabinet for the mentally ill, individuals with an intellectual disability, or respiratory disease patients. (3) "Homestead" means a place where a family makes its home including the land, house and furnishings, outbuildings, vehicles, and tools of the trade formerly occupied by the patient which is exempted by KRS 210.710 to 210.760 from liability to meet patient charges for services rendered in a facility. (4) "Means test" means a uniform method adopted by the secretary for determining the ability to pay of the patient or person responsible for the patient for board, maintenance and treatment at a facility operated or utilized by the cabinet. (5) "Person responsible for the patient" includes parents, spouses, guardians, and committees within the scope of their fiduciary duties. (6) "Secretary" means the secretary of the Cabinet for Health and Family Services. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 94, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 337, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 281, effective July 15, 1998. -- Created 1978 Ky. Acts ch. 278, sec. 2, effective June 17, 1978.

KRS 210.720 Charge for board of patients -- Method of establishing

210.720. Charge for board of patients -- Method of establishing (1) Every patient admitted to a facility operated or utilized by the cabinet, except prisoners transferred pursuant to KRS 202A.201, shall be charged for their board, maintenance and treatment pursuant to this section and the cabinet may sue in the Franklin Circuit Court or Franklin District Court to recover from the patient or person responsible for the patient for liability as established by this section. (2) The secretary shall fix the patient cost per day for board, maintenance and treatment for each facility operated by the cabinet at frequent intervals which shall be the uniform charge for all persons receiving such services. (3) The liability of any patient, or person responsible for the patient, for payment of the charge for board, maintenance and treatment shall be based upon ability to pay by ascertaining the entire financial resources available to the patient, or to the person responsible for the patient, and shall include, but shall not be limited to: insurance, all third party coverage including Medicare and Medicaid and other governmental programs, cash, stocks, bonds, and all other property owned by the patient or controlled by the person responsible for the patient. The secretary shall establish a reasonable means test for determining payment liability of patients and persons responsible for patients. In no event shall liability be in excess of the cost per patient per day established by the secretary. (4) Nothing in KRS 210.710 to 210.760 shall be construed to limit any liability of insurance companies or other third party payors including Medicare and Medicaid and other governmental programs. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 247, sec. 7, effective July 15, 1982; and ch. 445, sec. 41, effective July 1, 1982. -- Created 1978 Ky. Acts ch. 278, sec. 3, effective June 17, 1978. Legislative Research Commission Note. This section was amended by two 1982 Acts which do not appear to be in conflict and have been compiled together. Legislative Research Commission Note. This section was amended 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. If the court should determine that the emergency clause is ineffective, the effective date for this section is 7/15/82.

KRS 210.730 Exemption from liability

210.730. Exemption from liability The following shall be exempt from liability for patient's board, maintenance and treatment charges: (1) Any parents' liability for charges for board, maintenance and treatment at facilities operated or utilized by the cabinet that exceed the cost of caring for a normal child at home as determined from standard sources by the cabinet; (2) Any parents' liability after the patient has attained the age of eighteen (18); (3) A homestead. Effective: July 15, 1982 History: Amended 1982 Ky. Acts ch. 247, sec. 8, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 278, sec. 4, effective June 17, 1978.

KRS 210.750 Rules and regulations

210.750. Rules and regulations The secretary may adopt rules and regulations for carrying out the provisions of KRS 210.710 to 210.760 and for participation in federal programs. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 278, sec. 6, effective June 17, 1978.

KRS 210.760 Federal programs

210.760. Federal programs Nothing in KRS 210.710 to 210.760 shall be construed to preclude participation in federal programs. Effective: June 17, 1978 History: Created 1978 Ky. Acts ch. 278, sec. 7, effective June 17, 1978.

KRS 210.770 Definitions for KRS 210.770 to 210.795

210.770. Definitions for KRS 210.770 to 210.795 As used in KRS 210.770 to 210.795, unless the context otherwise requires: (1) "Mental impairment" includes an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (2) "Person with a disability" means someone with a physical or mental impairment and includes individuals who have a record or history of an impairment, or are regarded as having a physical or mental impairment that substantially limits one (1) or more major life activities; (3) "Physical impairment" means any physiological disorder or corrective, cosmetic disfigurement, or an anatomical loss affecting one (1) or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; (4) "Substantial limitation of a major life activity" includes limiting such things as walking, talking, seeing, hearing, caring for oneself, or working; (5) "Hart-Supported Living Program" means grants which provide a broad category of highly flexible, individualized services which, when combined with natural unpaid or other eligible paid supports, provide the necessary assistance to do the following: (a) Provide the support necessary to enable a person who is disabled to live in a home of the person's choice which is typical of those living arrangements in which persons without disabilities reside; (b) Encourage the individual's integrated participation in the community with persons who are members of the general citizenry; (c) Promote the individual's rights and autonomy; (d) Enhance the individual's skills and competences in living in the community; and (e) Enable the individual's acceptance in the community by promoting home ownership or leasing arrangements in the name of the individual or the individual's family or guardian; (6) "Hart-Supported Living Program" does not include any services that support the following arrangements: (a) Segregated living models such as any housing situation which physically or socially isolates people with disabilities from general citizens of the community; (b) Segregated programs or activities which physically or socially isolate people with disabilities from general citizens of the community; (c) Congregate living models such as any housing situation which groups individuals with disabilities as an enclave within an integrated setting; (d) Any model where the individual, as an adult, does not have maximum control of the home environment commensurate with the individual's disabilities; and (e) Any single living unit where more than three (3) people with disabilities live; (7) "Hart-Supported Living Council" means a supported living council appointed by the Governor and recognized by the secretary; and (8) "Hart-supported living services" include but are not limited to: (a) Hart-supported living community resource developers; (b) Homemaker services; (c) Personal care services; (d) In-home training and home management assistance; (e) Start-up grants; (f) Transportation; (g) Home modifications; (h) Adaptive and therapeutic equipment; and (i) Facilitation by an independent and trained facilitator to develop and implement individualized life planning. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 117, sec. 1, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 95, effective July 12, 2012; and ch. 158, sec. 41, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 81, sec. 1, effective July 12, 2006. -- Created 1992 Ky. Acts ch. 261, sec. 1, effective July 14, 1992. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 210.775 Hart-Supported Living Council

210.775. Hart-Supported Living Council (1) There is hereby created the Hart-Supported Living Council for services to persons with a disability and their families. (2) (a) The Hart-Supported Living Council shall be composed of eleven (11) members. The secretary and the executive director of the Kentucky Housing Corporation or their designees shall be ex officio members. (b) Nine (9) of the members shall be volunteers and shall be appointed by the Governor from a list of nominees in the following manner: 1. Three (3) of the appointed members shall represent family members of persons with a disability; 2. Two (2) of the appointed members shall be persons with a disability; 3. One (1) of the appointed members shall represent professionals and providers of services to persons with a disability; 4. One (1) of the appointed members shall represent advocates for persons with a disability; and 5. Two (2) of the appointed members shall represent the community at large. (3) The appointed members may serve on the council for three (3) years from the date of appointment. Members may be reappointed for one (1) additional consecutive three (3) year term. The Governor shall fill any vacancy occurring in the council in the manner prescribed in subsection (2) of this section. (4) The cabinet shall provide staff assistance to the Hart-Supported Living Council. (5) The chairman of the Hart-Supported Living Council shall be elected from among the members. A majority of the members shall constitute a quorum. (6) The Hart-Supported Living Council shall meet as often as necessary but no less frequently than every other month. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 117, sec. 2, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 96, effective July 12, 2012; and ch. 158, sec. 42, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 81, sec. 2, effective July 12, 2006. -- Amended 2002 Ky. Acts ch. 59, sec. 4, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 20, sec. 2, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 405, sec. 71, effective July 15, 1994. – Created 1992 Ky. Acts ch. 261, sec. 2, effective July 14, 1992. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 210.780 Duties of Hart-Supported Living Council

210.780. Duties of Hart-Supported Living Council (1) The Hart-Supported Living Council shall be responsible for making recommendations to the cabinet for: (a) A budget and priorities for fund allocations for supported living services for persons with disabilities within the Commonwealth; (b) Standards for quality assurance for persons with a disability who receive supported living services in accordance with KRS 210.770 to 210.795; and (c) The procedure for annual review and approval of and funding recommendations for individual plans for Hart-Supported Living Program grants submitted by any person with a disability, and for the amendment of individual plans during a fiscal year. (2) The Hart-Supported Living Council shall be responsible for: (a) Disseminating information about Hart-Supported Living Program grants available under KRS 210.770 to 210.795; (b) Hearing grievances and providing due process for consumers and providers of supported living services; (c) Monitoring the overall effectiveness and quality of the program; and (d) Developing recommendations for improvements. (3) The Hart-Supported Living Council may recommend necessary administrative regulations under KRS Chapter 13A to carry out the purposes of KRS 210.770 to 210.795. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 117, sec. 3, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 97, effective July 12, 2012; and ch. 158, sec. 43, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 81, sec. 3, effective July 12, 2006. -- Created 1992 Ky. Acts ch. 261, sec. 3, effective July 14, 1992. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 210.790 Eligibility for services -- Design -- Payment

210.790. Eligibility for services -- Design -- Payment (1) Only a person with a disability who is a resident of Kentucky or whose family or guardian is a resident of Kentucky is eligible to apply for a Hart-Supported Living Program grant. The person may be living with a family member, independently, or be in a congregate setting and be eligible to apply for a grant. If funded, the applicant must maintain Kentucky residency as a condition of receiving grant funds or for the duration of the grant. (2) Any eligible person with a disability who wants to apply for a Hart-Supported Living Program grant may design and request a set of services in the amount, kind, frequency, and duration which is dependent upon the person's individual needs, and is consistent with the definition of a Hart-Supported Living Program grant under KRS 210.770. (3) Payments for Hart-Supported Living Program grants may be made directly to the person with a disability to enable the person to purchase a service, to the guardian of the person with a disability, to a fiscal representative, to a service provider agency, or to any combination of these parties. (4) A license shall not be required for any supported living housing arrangement provided on a contractual basis. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 81, sec. 4, effective July 12, 2006. -- Created 1992 Ky. Acts ch. 261, sec. 5, effective July 14, 1992.

KRS 210.795 Standards for Hart-Supported Living Council living arrangements -- Administrative regulations

210.795. Standards for Hart-Supported Living Council living arrangements -- Administrative regulations (1) The cabinet, in cooperation with the Hart-Supported Living Council, shall establish standards for the administration of the Hart-Supported Living Program. The purpose of these standards is to ensure that a person with a disability receives supported living services in a manner that empowers the person to exercise choice and enhances the quality of that person's life. These standards shall promote the following: (a) Choice over how, when, and by whom supports are provided and over where and with whom a person with a disability lives; (b) Responsibility of the person with a disability and his or her representative for managing grants and the provision of supports under the grant; (c) Freedom to live a meaningful life and to participate in activities in the community with members of the general citizenry; (d) Enhancement of health and safety; (e) Flexibility of services that change as the person's needs change without the individual having to move elsewhere for services; (f) Use of generic options and natural supports; (g) Well-planned and proactive opportunities to determine the kinds and amounts of support desired, with the meaningful participation of the individual, the individual's family or guardian where appropriate, friends, and professionals; and (h) Home ownership or leasing with the home belonging to the person with a disability, that person's family, or to a landlord to whom rent is paid. (2) The individual supported living plan shall be developed by the person with a disability and that person's family or guardian where appropriate, and, as appropriate, the proposed or current provider. (3) The cabinet, in concert with the Hart-Supported Living Council, shall promulgate administrative regulations under KRS Chapter 13A, if necessary, to establish the methods of awarding Hart-Supported Living Program grants for individual supported living plans and monitoring the quality of service delivery, and to provide for administrative appeal of decisions. Administrative hearings conducted on appeals shall be conducted in accordance with KRS Chapter 13B. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 117, sec. 4, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 98, effective July 12, 2012; and ch. 158, sec. 44, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 81, sec. 5, effective July 12, 2006. -- Amended 1996 Ky. Acts ch. 318, sec. 102, effective July 15, 1996. -- Created 1992 Ky. Acts ch. 261, sec. 6, effective July 14, 1992. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS 446.250.

KRS 210.990 Penalties

210.990. Penalties (1) Any officer who violates KRS 210.110 shall be fined not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) and his office or appointment shall without further action be vacant. (2) Any person who willfully violates KRS 210.130 or 210.220 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100). Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 334, sec. 16, effective July 15, 1994. -- Amended 1984 Ky. Acts ch. 31, sec. 2, effective July 13, 1984. -- Amended 1972 Ky. Acts ch. 161, sec. 9. -- Amended 1968 Ky. Acts ch. 90, sec. 60. -- Created 1952 Ky. Acts ch. 50, sec. 25.

KRS 210.991 Penalties

210.991. Penalties Any person who willfully causes or conspires with or assists another in causing: (1) The unwarranted hospitalization of any individual under the provisions of KRS Chapter 210; or (2) The denial to any individual of any of the rights accorded to him under the provisions of KRS Chapter 210; shall be punished by a fine not exceeding five thousand dollars ($5,000) or imprisoned for a term not to exceed five (5) years or both. History: Amended 1976 Ky. Acts ch. 225, sec. 1; and ch. 332, sec. 27. -- Created 1968 Ky. Acts ch. 90, sec. 61. Legislative Research Commission Note. The amendment of this section by 1976 Ky. Acts ch. 332, sec. 27, was included as a part of 1976 Ky. Acts ch. 225, sec. 1, as enacted.

KRS 210.995 Penalty for taking patient from state hospital

210.995. Penalty for taking patient from state hospital (1) Any person who takes a lawfully involuntarily hospitalized patient or resident from any state hospital without the consent of authorized staff physician, or who entices, assists or encourages any such patient or resident to escape, shall be fined not more than five hundred dollars ($500). The District Court of the county in which the escape was effected shall have jurisdiction. (2) Any person who entices, assists, or encourages any patient or resident in a state hospital to leave the hospital for any unlawful purposes shall be imprisoned for not more than six (6) months or fined not more than five hundred dollars ($500) or both. The District Court of the county in which the escape was effected shall have jurisdiction. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 203, effective January 2, 1978. -- Amended 1968 Ky. Acts ch. 90, sec. 62. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 216aa-107a. Formerly codified as KRS 432.490.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38158Fetched: 10/20/2026