HOSPITALIZATION OF INDIVIDUALS WITH A MENTAL ILLNESS

KRS tit. XVII, ch. 202A

in effect

KRS 202A.006 Short title

202A.006. Short title This chapter may be cited as the Kentucky Mental Health Treatment Act. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 40, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 32, effective July 15, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.008 Authority for administrative regulations

202A.008. Authority for administrative regulations The cabinet may promulgate administrative regulations in accordance with KRS Chapter 13A in order to carry out the provisions of this chapter. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 498, sec. 20, effective July 15, 1994.

KRS 202A.010 Repealed, 1982

202A.010. Repealed, 1982 Catchline at repeal: Definitions. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 1, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 2. Legislative Research Commission Note. This section was repealed in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982."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 202A.011 Definitions for chapter

202A.011. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Authorized staff physician" means a physician who is a bona fide member of the hospital's medical staff; (2) "Benefit from treatment" means the desired outcomes of treatment in a psychiatric hospital for an individual with a mental illness, including but not limited to: (a) Symptom management and increased stability; (b) A lessening of irrational thoughts and behaviors; (c) Reduced risk of harm; or (d) Acquisition of skills for self-care and for interacting and living in the community; (3) "Cabinet" means the Cabinet for Health and Family Services; (4) "Contract mental health evaluator" means a qualified mental health professional who is employed by or under contract with a community mental health center, crisis stabilization unit, mental institution, or any other facility designated by the secretary to provide mental health evaluations to determine whether an individual meets the criteria for involuntary hospitalization; (5) "Danger" or "threat of danger to self, family, or others" means, as a result of mental illness, a person: (a) Presents a substantial risk of serious physical harm to self, family, or others as evidenced by recent behavior, threats, or conduct demonstrating such risk; (b) Has attempted or threatened suicide or has expressed suicidal ideations and there is a reasonable probability of serious self-harm unless prompt and adequate treatment is provided; (c) Is unable without supervision or assistance to provide for basic personal needs, including provision for reasonable shelter, food, clothing, or medical care, so that there exists a substantial likelihood of death, serious physical injury, or serious physical debilitation. For purposes of this paragraph, a person shall be deemed unable to provide for basic personal needs even if a guardian, family member, or friend is willing and able to provide assistance; or (d) Is experiencing psychiatric deterioration, demonstrated by a substantial decline in functioning from the person's baseline, such that the person's judgment, insight, or ability to recognize the need for treatment is impaired, and without intervention, the person's condition will predictably result in: 1. A substantial risk of serious physical harm to self, family, or others; 2. Serious physical debilitation or self-neglect; or 3. Further loss of ability to engage in safe or necessary self-care or to voluntarily seek needed treatment; (6) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient evaluation, care, and treatment for individuals with an intellectual disability or mental illness, who have been charged with or convicted of a felony; (7) "Hospital" means: (a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the cabinet as equipped to provide full-time residential care and treatment for individuals with an intellectual disability or mental illness; or (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for individuals with an intellectual disability or mental illness; (8) "Individual with a mental illness" means a person with substantially impaired capacity to use self-control, judgment, or discretion in the conduct of the person's affairs and social relations, associated with maladaptive behavior or recognized emotional symptoms where impaired capacity, maladaptive behavior, or emotional symptoms can be related to physiological, psychological, or social factors; (9) "Judge" means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5.030; (10) "Least restrictive alternative mode of treatment" means that treatment which will give an individual with a mental illness a realistic opportunity to improve the individual's level of functioning, consistent with accepted professional practice in the least confining setting available; (11) "Patient" means a person under observation, care, or treatment in a hospital pursuant to the provisions of this chapter; (12) "Petitioner" means a person who institutes a proceeding under this chapter; (13) "Psychiatric facility" means a crisis stabilization unit or any facility licensed by the cabinet and which provides inpatient, outpatient, psychosocial rehabilitation, emergency, and consultation and education services for the diagnosis and treatment of persons who have a mental illness; (14) "Qualified mental health professional" means: (a) A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the performance of official duties; (b) A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in the practice of official duties, who is certified or eligible to apply for certification by the American Board of Psychiatry and Neurology, Inc.; (c) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319; (d) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience with individuals with a mental illness, or a licensed registered nurse, with a bachelor's degree in nursing from an accredited institution, who is certified as a psychiatric and mental health nurse by the American Nurses Association and who has three (3) years of inpatient or outpatient clinical experience in psychiatric nursing and is currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability; (e) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 with three (3) years of inpatient or outpatient clinical experience in psychiatric social work and currently employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability; (f) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability; (g) A professional counselor credentialed under the provisions of KRS Chapter 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in psychiatric mental health practice and currently employed by a hospital or forensic facility licensed by the Commonwealth, a psychiatric unit of a general hospital, a private agency or company engaged in providing mental health services, or a regional community program for mental health and individuals with an intellectual disability; or (h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one (1) of the following requirements: 1. Provides documentation that he or she has completed a psychiatric residency program for physician assistants; 2. Has completed at least one thousand (1,000) hours of clinical experience under a supervising physician, as defined by KRS 311.840, who is a psychiatrist and is certified or eligible for certification by the American Board of Psychiatry and Neurology, Inc.; 3. Holds a master's degree from a physician assistant program accredited by the Accreditation Review Commission on Education for the Physician Assistant or its predecessor or successor agencies, is practicing under a supervising physician as defined by KR S 311.840, and: a. Has two (2) years of clinical experience in the assessment, evaluation, and treatment of mental disorders; or b. Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a gen eral hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability for at least two (2) years; or 4. Holds a bachelor's degree, possesses a current physician assistant certificate issued by the board prior to July 15, 2002, is practicing under a supervising physician as defined by KRS 311.840, and: a. Has three (3) years of clinical experience in the assessment, evaluation, and treatment of mental disorders; or b. Has been employed by a hospital or forensic psychiatric facility licensed by the Commonwealth or a psychiatric unit of a general hospital or a private agency or company engaged in the provision of mental health services or a regional community program for mental health and individuals with an intellectual disability for at least three (3) years; (15) "Residence" means legal residence as determined by applicable principles governing conflicts of law; (16) "Respondent" means a person alleged in a hearing under this chapter to be an individual with an intellectual disability or mental illness; (17) "Secretary" means the secretary of the Cabinet for Health and Family Services; and (18) "Serious mental illness": (a) Means a diagnosable mental, behavioral, or emotional disorder that causes significant functional impairment that substantially interferes with or limits major life activities, including but not limited to: 1. Severe cognitive difficulties, including disorganized thinkin g, delusions, hallucinations, or memory impairment; or 2. Extreme mood fluctuations, apathy, or lack of motivation; and (b) Includes but is not limited to the following disorders: 1. Schizophrenia spectrum and other psychotic disorders; 2. Bipolar and related disorders; and 3. Major depressive disorders that require treatment. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 8, effective October 1, 2026. -- Amended 2024 Ky. Acts ch. 68, sec. 8, effective July 15, 2024. -- Amended 2018 Ky. Acts ch. 165, sec. 1, effective July 14, 2018. -- Amended 2012 Ky. Acts ch. 146, sec. 32, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 212, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 99, sec. 1, effective March 28, 2002. -- Amended 1998 Ky. Acts ch. 426, sec. 177, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, sec. 19, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 498, sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 1, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 1, effective July 1, 1982. Legislative Research Commission Note (7/15/2024). Under the authority of KRS 7.136, the reviser of statutes has changed the internal numbering of this statute to place the definitions in alphabetical order. The words in the statute were not changed. Legislative Research Commission Note (7/12/2012). In subsection (6)(a) of this statute, the reviser of statutes has reinserted the word "persons," which was erroneously deleted in drafting, to correct a manifest clerical or typographical error under the authority of KRS 7.136(1). Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.012 Application of chapter

202A.012. Application of chapter This chapter shall not apply to persons under eighteen (18) years of age unless specifically authorized by the Kentucky Unified Juvenile Code. Effective: July 1, 1987 History: Created 1986 Ky. Acts ch. 423, sec. 184, effective July 1, 1987.

KRS 202A.014 Jurisdiction

202A.014. Jurisdiction All proceedings for the involuntary hospitalization of individuals with a mental illness shall be initiated in the District Court of the county where the person to be hospitalized resides or in which he may be at the time of the filing of a petition. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 33, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 3, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.016 Duty of county attorney

202A.016. Duty of county attorney In all proceedings under this chapter, it shall be the duty of the county attorney to assist the petitioner and represent the interest of the Commonwealth and to assist the court in its inquiry by the presentation of evidence. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 18, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.020 Repealed, 1982

202A.020. Repealed, 1982 Catchline at repeal: Voluntary admission to hospital -- Application -- Discharge -- Release. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 1, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 3. Legislative Research Commission Note. This section was repealed 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 202A.021 Hospitalization of minors -- Admission or discharge of voluntary patients -- Transport of voluntary patients to receiving hospital or psychiatric facility

202A.021. Hospitalization of minors -- Admission or discharge of voluntary patients -- Transport of voluntary patients to receiving hospital or psychiatric facility (1) The hospitalization of minors alleged to be mentally ill, except those provided for in KRS Chapter 640, shall be governed by KRS Chapter 645. (2) An authorized staff physician of a hospital may admit for observation, diagnosis, care and treatment any person who is mentally ill or who has symptoms of mental illness and who applies voluntarily therefor. (3) An authorized staff physician of a hospital shall discharge any voluntary patient who has recovered or whose hospitalization the staff physician determines to be no longer necessary or advisable. (4) A voluntary patient shall be released upon the patient's written request unless further detained under the applicable provisions of this chapter, including subsection (5) of this section. (5) (a) A voluntary patient who presents or is admitted to a hospital with symptoms of mental illness may be transported from the originating hospital to a receiving hospital or psychiatric facility: 1. Upon the order of an authorized staff physician of an originating hospital and an authorized staff physician of a receiving hospital or psychiatric facility; and 2. Submission of the patient's signed written agreement to be voluntarily transported. (b) If the agreed-upon transport from the originating hospital has been initiated, the patient with a signed written agreement to be voluntarily transported under this subsection shall not be physically released upon his or her request during the transport to the receiving hospital or psychiatric facility. The patient shall be physically released upon request after the patient has been received by the receiving hospital or psychiatric facility upon the patient's written release request unless further detained under the applicable provisions of this chapter as provided for under subsection (4) of this section. Effective: June 29, 2021 History: Amended 2021 Ky. Acts ch. 32, sec. 1, effective June 29, 2021. -- Amended 1988 Ky. Acts ch. 139, sec. 2, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 423, sec. 195, effective July 1, 1987. -- Created 1982 Ky. Acts ch. 445, sec. 2, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.026 Criteria for involuntary hospitalization

202A.026. Criteria for involuntary hospitalization A person shall not be involuntarily hospitalized unless the person is an individual with a mental illness: (1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is the least restrictive alternative mode of treatment presently available. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 34, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 4, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.028 Hospitalization by court order -- Procedures -- Duties of county attorney -- Alternatives -- Transportation -- Release

202A.028. Hospitalization by court order -- Procedures -- Duties of county attorney -- Alternatives -- Transportation -- Release (1) Prior to completion of an examination by a qualified mental health professional under this section, the professional shall make a good-faith attempt to contact the petitioner to obtain any additional relevant information necessary to the petition. (2) (a) Prior to the release of a person subject to an examination under this section, the county attorney may make an ex parte motion for a certification review hearing. The court shall review the ex parte motion upon its receipt. (b) If the review indicates that the person presents an imminent threat of danger to self, family, or others, the court shall order the qualified m ental health professional to immediately notify the court if the professional has certified that the person: 1. Is an individual with a mental illness; 2. Presents a danger or threat of danger to self, family, or others as a result of the mental illness; and 3. Does not meet all the criteria for involuntary hospitalization under KRS 202A.026. (c) The court shall review the certification under paragraph (b) of this subsection and consider if the person has been the subject of proceedings under this chapter, prior to the current proceeding, and is exhibiting an escalation of dangerous behavior. After review, the court may: 1. Order the person to be hospitalized in a place designated by the cabinet until the certification review hearing is held within forty -eight (48) hours, excluding weekends and holidays; 2. Release the person, subject to reasonable conditions, and set the certification review hearing to be held within forty -eight (48) hours, excluding weekends and holidays; or 3. Deny the county attorney's motion for a certification review and authorize the release of the person. (d) 1. At the certification review hearing, the person shall be appointed counsel who may present evidence and cross examine witnesses on the person's behalf. 2. The qualified mental health professional that performed the examination shall testify about the certification under paragraph (b) of this subsection. This testimony may be given remotely. 3. Notwithstanding subparagraph 2. of this paragraph, the court may accept the certification under paragraph (b) of this subsection in lieu of testimony upon agreement of all parties and stipulation of the per son that he or she meets the criteria for involuntary hospitalization under KRS 202A.026, provided that outpatient treatment is determined to be the least restrictive mode of treatment. (e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the person is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the person to: 1. Receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days and comply with any other reasonable conditions necessary to ensure compliance; or 2. Be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance to a hospital setting. (3) (a) Failure to comply with an order for community-based outpatient treatment or release with conditions under subsection (2)(e) of this section shall not be grounds to find the person in contempt of court but shall be prima facie evidence that: 1. The person can benefit from inpatient hospitalization; and 2. Inpatient hospitalization is the least restrictive mode of treatment. (b) If a new petition for involuntary hospitalization is filed within twelve (12) months of an order for community-based outpatient treatment or release with conditions under subsection (2)(e) of this section, the clerk of the court shall provide the prior order to: 1. The court with the petition for involuntary hospitalization; and 2. The qualified mental health professional along with the court's order for examination. (c) The qualified mental health professional who conducts the examination as described under paragraph (b)2. of this subsection shall independently evaluate the person, considering the person's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with a prior order for community-based outpatient treatment or release with conditions. (4) Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-two (72) hours, excluding weekends and holidays. For the purposes of this section, the qualified mental health professional shall be: (a) A staff member of a regional community program for mental health or individuals with an intellectual disability; (b) An individual qualified and licensed to perform the examination through the use of telehealth services; or (c) The psychiatrist ordered, subject to the court's discretion, to perform the required examination. (5) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding weekends and holidays, unless further held under the applicable provisions of this chapter. (6) (a) Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person's home county by the sheriff of that county or other peace officer as ordered by the court. (b) The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital. (c) The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A. (7) (a) Any person released from the hospital under subsection (2) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person. (b) The transportation cost of transporting the patient to the patient's county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A. (8) A person who has been held under subsection (1) of this section shall not be held in jail pending evaluation and transportation to the hospital. (9) A court order under subsection (4) of this section shall expire after thirty (30) days if not served upon the person subject to the order. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 9, effective October 1, 2026. -- Amended 2015 Ky. Acts ch. 61, sec. 2, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 33, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 487, sec. 1, effective July 14 , 2000. -- Amended 1994 Ky. Acts ch. 498, sec. 2, effective July 15, 1994. -- Created 1988 Ky. Acts ch. 139, sec. 3, effective July 15, 1988.

KRS 202A.029 Release from hospital prior to preliminary hearing -- Certification review hearing -- Community-based outpatient treatment and conditions for release

202A.029. Release from hospital prior to preliminary hearing -- Certification review hearing -- Community-based outpatient treatment and conditions for release (1) (a) Upon motion of the county attorney, the hospital shall give notice to the court and the county attorney if the hospital plans to discharge the respondent following the certification by a qualified mental health professional and before the preliminary hearing. Prior to discharge, the county attorney may make an ex parte motion for a cert ification review hearing. The court shall review the ex parte motion upon its receipt. (b) If the review indicates that the respondent presents an imminent threat of danger to self, family, or others, the court shall order the qualified mental health professional to immediately notify the court if the professional has certified that the respondent: 1. Is an individual with a mental illness; 2. Presents a danger or threat of danger to self, family, or others as a result of the mental illness; and 3. Does not meet all the criteria for involuntary hospitalization under KRS 202A.026. (c) The court shall review the certification under paragraph (b) of this subsection and consider if the respondent has been the subject of proceedings under this chapter, prior to the current proceeding, and is exhibiting an escalation of dangerous behavior. After review, the court may: 1. Order the respondent to be hospitalized in a place designated by the cabinet until the certification review hearing is held within forty -eight (48) hours, excluding weekends and holidays; 2. Release the respondent, subject to reasonable conditions, and set the certification review hearing to be held within forty -eight (48) hours; or 3. Deny the county attorney's motion for a certification review and authorize the release of the person. (d) 1. At the certification review hearing, the respondent shall be appointed counsel who may present evidence and cross examine witnesses on the respondent's behalf. 2. The qualified mental health professional that performed the examination shall testify about the certification under paragraph (b) of this subsection. This testimony may be given remotely. 3. Notwithstanding subparagraph 2. of this paragraph , the court may accept the certification under paragraph (b) of this subsection in lieu of testimony upon agreement of all parties and stipulation of the respondent that he or she meets the criteria for involuntary hospitalization under KRS 202A.026, provi ded that outpatient treatment is determined to be the least restrictive mode of treatment. (e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with reasonable conditions, and for whom court-ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the respondent to: 1. Receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days and comply with any other reasonable conditions necessary to ensure compliance; or 2. Be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance to a hospital setting. (2) (a) Failure to comply with an order for community-based outpatient treatment or release with conditions under subsection (1)(e) of this section shall not be grounds to find the respondent in contempt of court but shall be prima facie evidence that: 1. The respondent can benefit from inpatient hospitalization; and 2. Inpatient hospitalization is the least restrictive mode of treatment. (b) If a new petition for involuntary hospitalization is filed within twelve (12) months of an order for community-based outpatient treatment or release with conditions under subsection (1)(e) of this section, the clerk of the court shall provide the prior order to: 1. The court with the petition for involuntary hospitalization; and 2. The qualified mental health professional along with the court's order for examination. (c) The qualified mental health professional who conducts the examination as described under paragraph (b)2. of this subsection shall independently evaluate the respondent, considering the respondent's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (d) A respondent shall not be involuntarily hospitalized based solely on his or her failure to comply with a prior order for community-based outpatient treatment or release with conditions. Effective: October 1, 2026 History: Created 2026 Ky. Acts ch. 92, sec. 10, effective October 1, 2026.

KRS 202A.030 Repealed, 1982

202A.030. Repealed, 1982 Catchline at repeal: Involuntary admission to hospital without court order. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 1, 1982; amended 1982 Ky. Acts ch. 141, sec. 31. -- Created 1976 Ky. Acts ch. 332, sec. 4. Legislative Research Commission Note. This section was amended by a 1982 Act of the General Assembly and repealed by another act of the 1982 General Assembly. The repeal prevails pursuant to KRS 446.100. Legislative Research Commission Note. This section was repealed in 1982 Acts, ch. 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 sec. 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. Note. 1980 Ky. Acts ch. 396, sec. 31 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 202A.031 Emergency admission

202A.031. Emergency admission (1) An authorized staff physician may order the admission of any person who is present at, or is presented at, a hospital. For the purposes of this subsection only, a hospital may include any acute care hospital that is licensed by the Commonwealth. Within twenty-four (24) hours (excluding weekends and holidays) of the admission under this section, the authorized staff physician ordering the admission of the individual shall certify in the record of the individual that in his opinion the individual should be involuntarily hospitalized. (2) Any individual who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours (excluding weekends and holidays) unless further detained under the applicable provisions of this chapter. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 139, sec. 1, effective July 13, 2004. -- Created 1982 Ky. Acts ch. 445, sec. 5, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.040 Repealed, 1982

202A.040. Repealed, 1982 Catchline at repeal: Detention of suspected mentally ill person without warrant. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 183, effective January 2, 1978. -- Created 1976 Ky. Acts ch. 332, sec. 5. Legislative Research Commission Note. This section was repealed 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 202A.041 Emergency admission by law enforcement

202A.041. Emergency admission by law enforcement (1) Any peace officer who has reasonable grounds to believe that an individual is mentally ill and presents a danger or threat of danger to self, family, or others if not restrained may take the individual into custody and transport the individual without unnecessary delay to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation to be conducted by a contract mental health evaluator. Upon transport of the person to the hospital or psychiatric facility, the peace officer shall provide written documentation which describes the behavior of the person which caused the peace officer to take the person into custody. If, after evaluation, the contract mental health evaluator finds that the person does not meet the criteria for involuntary hospitalization, the person shall be released immediately and transported back to the person's home county by an appropriate means of transportation as provided in KRS 202A.101. If, after evaluation, the contract mental health evaluator finds that the person meets the criteria for involuntary hospitalization, appropriate proceedings under this chapter shall be initiated. The person may be held pending certification by a contract mental health evaluator and implementation of procedures as provided in KRS 202A.028, 202A.031, or 202A.051 for a period not to exceed eighteen (18) hours. (2) When a peace officer has custody of an individual at a post, sheriff's office, or police department pursuant to this section, and is required to maintain custody of the individual for more than three (3) hours after requesting evaluation by a contract mental health evaluator designated by the cabinet to conduct evaluations prior to admission to a hospital or psychiatric facility, state compensation shall be reduced by five percent (5%) for every ten (10) minutes the sheriff or other peace officer with custody over the person is required to remain with the person after first delay of contact as documented by the sheriff or other peace officer. (3) If, after the evaluation, the contract mental health evaluator finds that the person does not meet the criteria for involuntary hospitalization and the peace officer has probable cause to believe that the person has committed a criminal offense, the peace officer may swear out a warrant and take the arrested person without unnecessary delay before a judge. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 68, sec. 9, effective July 15, 2024. -- Amended 1994 Ky. Acts ch. 498, sec. 3, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 4, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 6, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.050 Repealed, 1982

202A.050. Repealed, 1982 Catchline at repeal: Restraining complaint -- Warrant -- Examination -- Commitment -- Hearing. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 184, effective January 2, 1978. -- Created 1976 Ky. Acts ch. 332, sec. 6. Legislative Research Commission Note. This section was repealed 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 202A.051 Proceedings for 60-day and 360-day involuntary hospitalizations -- Petition contents -- Alternatives -- Duties of county attorney -- Discharge review hearing

202A.051. Proceedings for 60-day and 360-day involuntary hospitalizations -- Petition contents -- Alternatives -- Duties of county attorney -- Discharge review hearing (1) Proceedings for up to sixty (60) days or up to three hundred sixty (360) days of involuntary hospitalization of an individual shall be initiated by the filing of a verified petition in District Court. (2) The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent)." (3) The petition shall be filed by a qualified mental health professional, peace officer, county attorney, Commonwealth's attorney, spouse, relative, friend, or guardian of the individual concerning whom the petition is filed, or any responsible adult. (4) The petition shall set forth: (a) Petitioner's relationship to the respondent; (b) Respondent's name, residence, and current location, if known; (c) The name and residence of respondent's parents, if living and if known, or respondent's legal guardian, if any and if known; (d) The name and residence of respondent's husband or wife, if any and if known; (e) The name and residence of the person having custody of the respondent, if any, or if no such person is known, the name and residence of a near relative or that the person is unknown; (f) Petitioner's belief, including the factual basis therefor, that the respondent is an individual with a mental illness and presents a danger or threat of danger to self, family or others if not restrained; (g) If the petition seeks a three hundred sixty (360) day involuntary hospitalization of the respondent, the petition shall further set forth that the respondent has been hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30) days under the provisions of this chapter or KRS Chapter 504 within the preceding six (6) months; and (h) Upon request of the county attorney, that the county attorney receives notice of any discharge by a hospital prior to the preliminary hearing under subsection (10) of this section. (5) If the petition seeks a sixty (60) day involuntary hospitalization of the respondent, the county attorney may motion the court to amend the petition to seek up to a three hundred sixty (360) day involuntary hospitalizati on of the individual if the respondent has been hospitalized in a hospital or a forensic psychiatric facility for a period of thirty (30) days under the provisions of this chapter or KRS Chapter 504 within the preceding six (6) months. (6) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. If the petitioner is a qualified mental health professional, the court may dispense with the examination. (7) If after reviewing the allegations contained i n the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be involuntarily hospitalized, the court shall, unless either the court or one (1) of the parties objects, implement the procedures provided in KRS 202A.028 and order the individual to be examined without unnecessary delay by a qualified mental health professional. If the person is not being hospitalized under the provisions of this chapter, the court may order that the sheriff of the county or other peace officer transport the person to a hospital or psychiatric facility designated by the cabinet for the purpose of the evaluation. The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility. Following that, the procedures as set forth in KRS 202A.028 shall be carried out. Otherwise, the court shall: (a) Set a date for a preliminary hearing within six (6) days from the date of hospitalization of the person under the provisions of this section, excluding holidays and weekends, to determine if there is probable cause to believe the person should be involuntarily hospitalized; (b) Notify the respondent, the legal guardian, if any, and if known, and the spouse, parents, or nearest relative or friend of the respondent concerning the allegations and contents of the petition and the date and purpose of the preliminary hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and (c) Cause the respondent to be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The qualified mental health professionals shall certify within twenty-four (24) hours, excluding weekends and holidays, their findings. (8) (a) If the respondent is being presently hospitalized under the provisions of this chapter, the court may order further hospitalization of the respondent to accomplish the examination ordered by the court. (b) If the respondent is not being presently hospitalized under the provisions of this chapter, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or a psychiatric facility designated by the cabinet so that the respondent shall be examined without unnecessary delay by two (2) qualified mental health professionals, at least one (1) of whom is a physician. The sheriff or other peace officer may authorize, upon agreement of a person authorized by the peace officer, the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to a hospital or psychiatric facility. (9) (a) When the court is authorized to issue an order that the respondent be transported to a hospital or psychiatric facility, the court may, in its discretion, issue a summons. A summons so issued shall be directed to the respondent, shall command the respondent to appear at a time and place specified in the summons where the respondent shall be examined by two (2) qualified mental health professionals, at least one (1) of whom is a physician, and shall command the respondent's appearance at the preliminary hearing. (b) If a respondent who has been summoned fails to appear for such examination or at the preliminary hearing, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or psychiatric facility designated by the cabinet for the purpose of an evaluation. (10) If upon completion of the preliminary hearing, the court finds: (a) There is probable cause to believe the respondent should be involuntarily hospitalized: 1. The court shall order a final hearing within twenty-one (21) days from the date of hospitalization of the respondent under this section to determine if the respondent should continue to be involuntarily hospitalized; and 2. a. The county attorney may motion the court at the conclusion of the preliminary hearing to require the hospital to provide a copy of the respondent's discharge plan to the county attorney prior to discharge. If the hospital plans to discharge the respondent prior to the final hearing under subsection (11) of this section, the court shall require the hospital to provide a copy of the respondent's discharge plan no later than seventy -two (72) hours prior to the respondent's discharge. b. If the county attorney believes that the discharge plan does not give the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment and is insufficient without court -ordered outpatient tre atment or reasonable conditions, the county attorney shall make an ex parte motion for a discharge review hearing. The court shall conduct the discharge review hearing at the earliest practicable time, consistent with due process and the availability of co unsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community. c. Upon completion of the discharge review hearing described under subdivision b. of this subparagraph, if the court finds that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court -ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restricti ve alternative mode of treatment available, the court shall order: i. For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRS 202A.0815, that a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours and the respondent to receive court-ordered assisted outpatient treatment under KRS 202A.0811 to 202A.0831; ii. For any other respondent who may benefit from outpatient treatment, a qualified mental health professional to develop a treatment plan within forty-eight (48) hours, the respondent to receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days, and the respondent to comply with any other reasonable conditions necessary to ensure compliance; or iii. The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance into a hospital setting; (b) There is no probable cause to believe the respondent should be involuntarily hospitalized but that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court- ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order: 1. For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRS 202A.0815: a. That a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours; and b. The respondent to receive court-ordered assisted outpatient treatment under KRS 202A.0811 to 202A.0831; 2. For any other respondent who may benefit fr om outpatient treatment: a. A qualified mental health professional to develop a treatment plan within forty-eight (48) hours; b. The respondent to receive community -based outpatient treatment that shall not exceed three hundred sixty (360) days; and c. The respondent to comply with any other reasonable conditions necessary to ensure compliance; or 3. The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance into a hospital setting; or (c) There is no probable cause to believe the respondent: 1. Should be involuntarily hospitalized; or 2. Is an individual with a mental illness: a. Who presents a danger or threat of danger to self, family, or others as a result of the mental il lness; b. Who may reasonably benefit from court -ordered outpatient treatment or release with reasonable conditions; and c. For whom court-ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available; the proceedings against the respondent shall be dismissed, and the respondent shall be released from any hospitalization. (11) If upon completion of the final hearing, the court finds: (a) The respondent should be involuntarily hospitalized: 1. The court shall order the respondent to: a. Be hospitalized in a hospital for a period not to exceed sixty (60) consecutive days from the date of the court order or a period not to exceed three hundred sixty (360) consecutive days from the date of the court order, whatever was the period of time that was requested in the petition; and b. Comply with all conditions of the hospital's discharge plan; and 2. a. The county attorney may motion the court at the conclusion of the final hearing to require the h ospital to provide a copy of the respondent's discharge plan to the county attorney prior to discharge. If the hospital plans to discharge the respondent prior to the expiration of an order under this subsection, the court shall require the hospital to provide a copy of the respondent's discharge plan no later than seventy -two (72) hours prior to the respondent's discharge. b. If the county attorney believes that the discharge plan does not give the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment and is insufficient without court -ordered outpatient treatment or reasonable conditions, the county attorney shall: i. Make an ex parte motion for a discharge review hearing. The court shall conduct the discharge review hearing at the earliest practicable time, consistent with due process and the availability of counsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community; or ii. If the respondent within the past twelve (12) months has been found incompetent to stand trial in a criminal proceeding and has not been committed under KRS Chapter 202C, the county attorney may make a motion to proceed under KRS 202A.0805. c. Upon completion of the discharge review hearing described in subdivision b.i. of this subparagraph, if the court finds that the respondent is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court -ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order: i. For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRS 202A.0815, that a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours and the respondent to receive court-ordered assisted outpatient treatment under KRS 202A.0811 to 202A.0831; ii. For any other respondent who may benefit from outpatient treatment, a qualified mental health professional to develop a treatment plan within forty-eight (48) hours, the respondent to receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days, and the respondent to comply with any other reasonable conditions necessary to ensure compliance; or iii. The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance into a hospital setting; (b) The respondent should not be involuntarily hospitalized but that the respondent is an individual with a mental illness who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, the court shall order: 1. For a respondent who meets the criteria for court-ordered assisted outpatient treatment set forth in KRS 202A.0815: a. That a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours; and b. The respondent to receive court-ordered assisted outpatient treatment under KRS 202A.0811 to 202A.0831; 2. For any other respondent who may benefit from outpatien t treatment: a. A qualified mental health professional to develop a treatment plan within forty-eight (48) hours; b. The respondent to receive community -based outpatient treatment that shall not exceed three hundred sixty (360) days; and c. The respondent to comply with any other reasonable conditions necessary to ensure compliance; or 3. The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or others and avoid readmittance into a hospital setting; or (c) The respondent: 1. Should not be involuntary hospitalized; or 2. Is not an individual with a mental illness: a. Who presents a danger or threat of danger to self, family, or others as a result of the mental illness; b. Who may reasonably benefit from co urt-ordered outpatient treatment or release with reasonable conditions; and c. For whom court-ordered outpatient treatment or release with reasonable conditions is the least restrictive mode of treatment available; the proceedings against the respondent s hall be dismissed, and the respondent shall be released from any hospitalization. (12) (a) Failure to comply with an order for outpatient treatment or release with conditions under subsection (10) or (11) of this section shall not be grounds to find the respondent in contempt of court but shall be prima facie evidence that: 1. The respondent can benefit from inpatient hospitalization; and 2. Inpatient hospitalization is the least restrictive mode of treatment. (b) If a new petition for involuntary hospitali zation is filed within twelve (12) months of an order for outpatient treatment or release with conditions under subsection (10) or (11) of this section, the clerk of the court shall provide the prior order to: 1. The court with the petition for involuntary hospitalization; and 2. The qualified mental health professional along with the court's order for examination. (c) The qualified mental health professional who conducts the examination as described under paragraph (b)2. of this subsection shall independently evaluate the respondent, considering the respondent's prior order for outpatient treatment or release with condi tions, and certify whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (d) A respondent shall not be involuntarily hospitalized based solely on his or her failure to comply with a prior order for outpatient treatment or release with conditions. (13) Any petition under this section shall expire after thirty (30) days if not served upon the respondent. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 11, effective October 1, 2026. -- Amended 1994 Ky. Acts ch. 498, sec. 4, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 5, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 7, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for 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 202A.053 Venue

202A.053. Venue (1) (a) Except as provided in paragraph (b) of this subsection, a respondent who has been ordered involuntarily hospitalized following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is hospitalized. (b) A court may order venue be transferred back to the county where the respondent resides if the court has ordered the respondent to receive outpatient treatment under KRS 202A.051 or 202A.0805. The receiving county shall then assume venue and responsibility for the respondent's treatment plan and supervision, and shall make orders as the court sees fit. (2) The court of the county where the preliminary hearing was held may, upon its own motion, or shall, upon motion of one (1) of the parties, retain venue over proceedings subsequent to the preliminary hearing. (3) The court of the county where the county attorney has filed a motion for a certification review hearing under KRS 202A.028, 202A.029, or 202A.061 shall retain venue over the proceedings. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 12, effective October 1, 2026. -- Created 1988 Ky. Acts ch. 139, sec. 6, effective July 15, 1988.

KRS 202A.056 Certificate contents -- Fee

202A.056. Certificate contents -- Fee (1) The certificate referred to in this chapter shall be in the form prescribed by the cabinet. The certificate shall state that the respondent has been examined by each of the qualified mental health professionals making the certificate within twenty-four (24) hours (excluding weekends and holidays) prior to the date of the certificate. It shall state the facts and circumstances upon which the judgment of the examining physician is based and shall be sworn to before a notary or the clerk or judge of the court. (2) The examiner shall be entitled to a fee for such examination and certification, to be paid by the county in which the petition is filed, upon a certified copy of an order of allowance made by the court holding the hearing. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 19, effective July 1, 1982. Legislative Research Commission Note (11/23/93). A prior reference to the "department" in this statute was changed to "cabinet" pursuant to 1982 Ky. Acts ch. 393, sec. 50(5), and KRS 7.136(2). Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.060 Repealed, 1982

202A.060. Repealed, 1982 Catchline at repeal: Court determination of mental condition. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 7. Legislative Research Commission Note. This section was repealed 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 202A.061 Release from hospital -- Certification review hearing -- Two certifications required

202A.061. Release from hospital -- Certification review hearing -- Two certifications required (1) Prior to completion of an examination by a qualified mental health professional under this section, the professional shall make a good -faith attempt to contact the petitioner to obtain any additional relevant information necessary to the petition. (2) (a) Prior to the release of a person subject to an examination under this section, the county attorney may make an ex parte motion for a certification revi ew hearing. The court shall review the ex parte motion upon its receipt. (b) If the review indicates that the person presents an imminent threat of danger to self, family, or others, the court shall order the qualified mental health professionals to immediately notify the court if either of the professionals have certified that the person: 1. Is an individual with mental illness; 2. Presents a danger or threat of danger to self, family, or others as a result of the mental illness; and 3. Does not meet all the criteria for involuntary hospitalization under KRS 202A.026. (c) The court shall review the certification under paragraph (b) of this subsection and consider if the person has been the subject of proceedings under this chapter prior to the current proceeding, and is exhibiting an escalation of dangerous behavior. After review, the court may: 1. Order the person to be hospitalized in a place designated by the cabinet until the certification review hearing is held within forty -eight (48) hours, excluding weekends and holidays; 2. Release the person, subject to reasonable conditions, and set the certification review hearing to be held within forty -eight (48) hours; or 3. Deny the county attorney's motion for a certification review and authorize the release of the person. (d) 1. At the certification review hearing, the person shall be appointed counsel who may present evidence and cross examine witnesses on the person's behalf. 2. The qualified mental health professional that performed the examination shall testify about the certification under paragraph (b) of this subsection. This testimony may be gi ven remotely. 3. Notwithstanding subparagraph 2. of this paragraph, the court may accept the certification under paragraph (b) of this subsection in lieu of testimony upon agreement of all parties and stipulation of the person that he or she meets the crit eria for involuntary hospitalization under KRS 202A.026, provided that outpatient treatment is determined to be the least restrictive mode of treatment. (e) Upon conclusion of the certification review hearing, if the court finds by clear and convincing evidence that the person is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with reasonable conditions, and for whom court-ordered outpatient treatment or release with reasonable conditions is the least restrictive alternative mode of treatment available, the court may order the person to: 1. Receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days and comply with any other reasonable conditions necessary to ensure compliance; or 2. Be released with any reasonable conditions necessary to ensure the safety of self, family, or others. (3) (a) Failure to comply with an order for community-based outpatient treatment or release with conditions under subsection (2)(e) of this section shall not be grounds to find the person in contempt of court but shall be prima facie evidence that: 1. The person can benefit from inpatient hospitalization; and 2. Inpatient hospitalization is the least restrictive mode of treatment. (b) If a new petition for involuntary hospitalization is filed within twelve (12) months of an order for community-based outpatient treatment or release with conditions under subsection (2)(e) of this section, the clerk of the court shall provide the prior order to: 1. The court with the petition for involuntary hospitalization; and 2. The qualified mental health professional along with the court's order for examination. (c) The qualified mental health professional who conducts the examination as described under paragraph (b)2. of this subsection shall independently evaluate the person, considering the person's prior order for community-based outpatient treatment or release with conditions, and certify whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with a prior order for community-based outpatient treatment or release with conditions. (4) (a) In any proceeding for involuntary hospitalization under the applicable provisions of this chapter, if the criteria for involuntary hospitalization are not certified by at least two (2) examining qualified mental health professionals, the court shall, without taking any further action, terminate the proceedings and order the release of the person. (b) The qualified mental health professionals shall certify to the court within twenty-four (24) hours, excluding weekends and holidays, of the examination, their findings and opinions as to whether the person shall be involuntarily hospitalized. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 13, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 9, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

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

202A.066. Qualified mental health professional retained by respondent A qualified mental health professional retained by the respondent shall be permitted to witness and participate in any examination of the respondent. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 13, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.070 Repealed, 1982

202A.070. Repealed, 1982 Catchline at repeal: Proceedings for 60-day involuntary hospitalization. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 1, 1982; amended 1982 Ky. Acts ch. 141, sec. 32. -- Amended 1978 Ky. Acts ch. 334, sec. 1, effective June 17, 1978. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 185, effective January 2, 1978. -- Created 1976 Ky. Acts ch. 332, sec. 8. Legislative Research Commission Note. This section was amended by a 1982 Act of the General Assembly and repealed by another act of the 1982 General Assembly. The repeal prevails pursuant to KRS 446.100. Legislative Research Commission Note. This section was repealed in 1982 Acts, ch. 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 sec. 55, requires that a reason be set forth for the emergency. However, no reasons is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982. Note. 1980 Ky. Acts ch. 396, sec. 32 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 202A.071 Timing of preliminary and final hearings

202A.071. Timing of preliminary and final hearings (1) The preliminary hearing shall be held not later than six (6) days (excluding weekends and holidays) from the time of respondent's holding under these proceedings. If the respondent is not held under these proceedings, the preliminary hearing shall be held not later than six (6) days (excluding weekends and holidays) from the time of the examination of the respondent. (2) The final hearing shall be held within twenty-one (21) days of the date of the holding or from the date of the examination, if not held. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 5, effective July 15, 1994. --Amended 1984 Ky. Acts ch. 362, sec. 1, effective July 13, 1984. -- Created 1982 Ky. Acts ch. 445, sec. 11, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.076 Conduct of hearings

202A.076. Conduct of hearings (1) The preliminary hearing need not be formal and may include the receiving of the qualified mental health professionals' reports as evidence. The hearing may be held by the court in chambers, at a hospital, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine witnesses who appear and testify against him. The court may exclude all persons not necessary for the conduct of the hearing. The respondent and his attorney may waive respondent's right to a preliminary hearing. (2) The final hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent. The hearing may be held by the court in chambers, at a hospital, or other suitable place. The respondent shall be afforded an opportunity to testify, to present, and cross-examine witnesses against him. The manner of proceeding and rules of evidence shall be the same as those in any criminal proceeding including the burden of proof beyond a reasonable doubt. Proceedings shall be heard by a judge unless a party requests a jury trial. Neither the respondent nor the respondent's attorney may waive the respondent's right to a final hearing. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 7, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 14, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.080 Repealed, 1982

202A.080. Repealed, 1982 Catchline at repeal: Proceedings for 360-day involuntary hospitalization. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 1, 1982. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 186, effective January 2, 1978. -- Created 1976 Ky. Acts ch. 332, sec. 9. Legislative Research Commission Note. This section was repealed 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 202A.081 Repealed, 2026

202A.081. Repealed, 2026 Catchline at repeal: Court-ordered community-based outpatient treatment. History: Repealed 2026 Ky. Acts ch. 92, sec. 41, effective October 1, 2026. -- Amended 1994 Ky. Acts ch. 498, sec. 6, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 8, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 10, effective July 1, 1982.

KRS 202A.085 Repealed, 1982

202A.085. Repealed, 1982 Catchline at repeal: Proceedings deemed mental inquests -- Commonwealth attorney and county attorney to represent Commonwealth. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1978 Ky. Acts ch. 209, sec. 1, effective June 17, 1978. Legislative Research Commission Note. This section was repealed 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 provisions is July 15, 1982.

KRS 202A.090 Repealed, 1982

202A.090. Repealed, 1982 Catchline at repeal: Form of certificate -- Fee -- Three-day limit. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982; amended 1982 Ky. Acts ch. 141, sec. 33. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 187, effective January 2, 1978. -- Created 1976 Ky. Acts ch. 332, sec. 10. Legislative Research Commission Note. This section was amended by a 1982 Act of the General Assembly and repealed by another act of the 1982 General Assembly. The repeal prevails pursuant to KRS 446.100. Legislative Research Commission Note. This section was repealed in 1982 Acts, ch. 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. Note. 1980 Ky. Acts ch. 396, sec. 33 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 202A.091 Confidentiality of court records -- Expungement

202A.091. Confidentiality of court records -- Expungement (1) The court records of a respondent made in all proceedings pursuant to this chapter are hereby declared to be confidential and shall not be open to the general public for inspection except when such disclosure is provided in KRS 202A.016. (2) Twelve (12) months after the discharge of a respondent from a treatment facility or the issuance of a court order denying a petition for a commitment, a respondent may move to have all court records pertaining to the proceedings expunged from the files of the court. The county attorney shall be given notice of the motion and shall have five (5) days in which to respond to the motion or request a hearing on the motion. (3) (a) Any petitioner under KRS 202A.051 who qualifies as a responsible party under KRS 311.631 may motion the court to participate in court proceedings and be informed by a hospital of the discharge plan prior to a respondent's release under this chapter, except for any confidential therapeutic communication or any other medical records. (b) The court may enter a written order allowing the petitioner to participate as described in paragraph (a) of this subsection, unless the court finds the petitioner's participation is not in the best interests of the respondent. (4) Any person seeking information contained in the court files or the court records of proceedings involving persons under this chapter may file a written motion in the cause setting out why the information is needed. A District Judge may issue an order to disclose the information sought if he or she finds the order is appropriate under the circumstances and if he or she finds it is in the best interest of the person or of the public to have the information disclosed. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 23, effect ive October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 17, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.096 Disclosure of communications

202A.096. Disclosure of communications There shall be no privilege as to any relevant communications between qualified mental health professionals and patients. Qualified mental health professionals are authorized to disclose communications relating to diagnosis and treatment of the patient's mental condition in proceedings under this chapter. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 31, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.100 Repealed, 1982

202A.100. Repealed, 1982 Catchline at repeal: Notification of department -- Transportation of patient. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 11. Legislative Research Commission Note. This section was repealed 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 202A.101 Notification of receiving hospital or psychiatric facility -- Transportation

202A.101. Notification of receiving hospital or psychiatric facility -- Transportation (1) The court which orders any person to the receiving hospital or psychiatric facility, under the provisions of this chapter shall immediately notify the receivin g hospital or psychiatric facility that the order has been made, advising of the sex and condition of the person. (2) After the facility has been notified, the court shall order the sheriff of the county or other peace officer to transport the patient with in forty-eight (48) hours, excluding weekends and holidays, from the county in which the person is located to the hospital or psychiatric facility designated by the cabinet. The sheriff or other peace officer may, upon agreement of a person authorized by t he peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital. (3) The transportation costs of transporting a person to a hospital or psychi atric facility, when performed by a peace officer, an ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with administrative regulation promulgated by the cabinet under the provisions of KRS Chapter 13A. (4) In returning any patient to the county from which the patient is sent, the transportation cost of the sheriff or other peace officer, the ambulance service, or the other agency on contract with the cabinet transporting the patient shall be paid as provided in KRS 202A.028(5), when necessary. (5) Whenever an individual is involuntarily hospitalized by a court order the patient shall be transported to the hospital designated by the cabinet and accompanied by the following documents: (a) A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS 202A.041, 202A.0803, or 202A.0823; (b) The certificate of qualified mental health professionals, if any; and (c) The order of involuntary hospitalization. (6) The hospital may refuse to receive any person who has been ordered to be involuntarily hospitalized by a court order if the papers presented with the person at the hospital do not comply with the provisions of this chapter or if it does not receive notification of the order of involuntary hospitalization as required by this chapter. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 24, effective October 1, 2026. -- Amended 1994 Ky. Acts ch. 498, sec. 7, effective July 15, 1994. -- Created 1982 Ky. Acts ch. 445, sec. 20, effective July 1, 1982. Legislative Research Commission Note (11/23/93). Prior references to the "department" in this statute were changed to "cabinet" pursuant to 1982 Ky. Acts. ch. 393, sec. 50(5), and KRS 7.136(2). Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.110 Repealed, 1982

202A.110. Repealed, 1982 Catchline at repeal: Examination by physician required within thirty-six hours. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 12. Legislative Research Commission Note. This section was repealed 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 202A.120 Repealed, 1982

202A.120. Repealed, 1982 Catchline at repeal: Conditions for discharge of involuntary patient. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 13. Legislative Research Commission Note. This section was repealed in 1982 Acts, Chapter 445, which contain 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 202A.121 Right to counsel -- Fee -- Attorney's right to access court records

202A.121. Right to counsel -- Fee -- Attorney's right to access court records (1) Upon the appearance of the person detained pursuant to KRS 202A.041 or upon the filing of a petition pursuant to KRS 202A.051 or 202A.0811, the court shall appoint an attorney to represent the respondent. The attorney shall be paid a fee fixed by the court not to exceed five hundred dollars ($500), which shall be paid by the Finance and Administration Cabinet. (2) The appointment and representation under subsection (1) of this section shall continue unless the respondent retains private counsel. (3) The appointed attorney shall be immediately notified by the clerk of the allegations in the petition and the date and purpose of the preliminary hearing. (4) Notwithstanding KRS 202A.091, an attorney appointed by the court or retained by the respondent shall be given access to the court records relating to the petition. Effective: July 15, 2026 History: Amended 2026 Ky. Acts ch. 136, sec. 9, effective July 15, 2026. -- Amended 2017 Ky. Acts ch. 158, sec. 26, effective June 29, 2017. -- Created 1982 Ky. Acts ch. 445, sec. 8, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.130 Repealed, 1982

202A.130. Repealed, 1982 Catchline at repeal: Conditions for release of involuntary patient on convalescent status -- Rehospitalization. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 14. Legislative Research Commission Note. This section was repealed 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 202A.131 Right to be present

202A.131. Right to be present The respondent shall be present at all hearings unless the respondent and his attorney intelligently waive respondent's right to be present, or unless the court makes a specific finding after the respondent has been brought to the place of the hearing that the respondent should be removed from the hearing because his conduct is so disruptive that the proceedings cannot continue in any reasonable manner. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 12, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.140 Repealed, 1982

202A.140. Repealed, 1982 Catchline at repeal: Return of public charges from other states. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982; amended 1982 Ky. Acts ch. 141, sec. 34. -- Created 1976 Ky. Acts ch. 332, sec. 15. Legislative Research Commission Note. This section was amended by a 1982 Act of the General Assembly and repealed by another act of the 1982 General Assembly. The repeal prevails pursuant to KRS 446.100. Legislative Research Commission Note. This section was repealed in 1982 Acts, ch. 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. Note. 1980 Ky. Acts ch. 396, sec. 34 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 202A.141 Clarification of court orders -- Appeals

202A.141. Clarification of court orders -- Appeals (1) Hospitals ordered to receive an involuntarily hospitalized person shall have standing to petition the District Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal to the Circuit Court from final judgments or orders entered in proceedings which have not complied with the provisions of this chapter. A copy shall be sent to the involuntarily hospitalized person and the person's attorney of record, if any, of whatever pleadings are filed by the hospital. (2) Appeals from the final orders or judgments of the District Court made and entered in proceedings under this chapter shall be taken in the same manner as other appeals from District Court to Circuit Court. This appeal shall be advanced on the Circuit Court docket without motion or notice. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 498, sec. 8, effective July 15, 1994. --Created 1982 Ky. Acts ch. 445, sec. 15, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982," The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.150 Repealed, 1982

202A.150. Repealed, 1982 Catchline at repeal: Hospital care or treatment by agency of United States. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 16. Legislative Research Commission Note. This section was repealed 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 202A.151 Writ of habeas corpus

202A.151. Writ of habeas corpus At any time, and without notice, a person detained at a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the Circuit Court issue a writ for release. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 16, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.160 Repealed, 1982

202A.160. Repealed, 1982 Catchline at repeal: Transfer to United States public health service or other agency. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 17. Legislative Research Commission Note. This section was repealed 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 202A.161 Timing of initial examination and report

202A.161. Timing of initial examination and report Any person admitted to a hospital pursuant to the provisions of this chapter shall be initially examined by an authorized staff physician of the hospital or, with permission of the facility's governing body and in accordance with the applicable provisions of the facility's medical staff bylaws, policies, and procedures, a physician assistant as defined in KRS 311.550, or an advanced practice registered nurse licensed under KRS Chapter 314 as soon as practicable but not later than thirty-six (36) hours (excluding weekends and holidays) and a report entered into the medical record not later than forty-eight (48) hours (excluding weekends and holidays) after his admission. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 85, sec. 33, effective July 15, 2010. -- Amended 2000 Ky. Acts ch. 422, sec. 1, effective July 14, 2000. -- Created 1982 Ky. Acts ch. 445, sec. 21, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.170 Repealed, 1982

202A.170. Repealed, 1982 Catchline at repeal: Patients to be informed of rights. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982; amended 1982 Ky. Acts ch. 141, sec. 35. -- Created 1976 Ky. Acts ch. 332, sec. 18. Legislative Research Commission Note. This section was amended by a 1982 Act of the General Assembly and repealed by another act of the 1982 General Assembly. The repeal prevails pursuant to KRS 446.100. Legislative Research Commission Note. This section was repealed in 1982 Acts, ch. 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. Note. 1980 Ky. Acts ch. 396, secs. 36 and 71 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 202A.171 When discharge is required

202A.171. When discharge is required Except as provided otherwise in this chapter, an authorized staff physician of a hospital shall discharge an involuntary patient when he no longer meets the criteria for involuntary hospitalization. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 25, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 22, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.180 Repealed, 1982

202A.180. Repealed, 1982 Catchline at repeal: Rules and regulations on patients' rights, use of seclusion and restraints, transfer and release. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 19. Legislative Research Commission Note. This section was repealed 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 202A.181 Convalescent leave status

202A.181. Convalescent leave status (1) An authorized staff physician may release an involuntary patient on convalescent leave status when the physician concludes that the patient would not present a danger or a threat of danger to self or others if provided with continued medical supervision in a less restrictive alternative mode of treatment. Release on convalescent leave status shall include notification to the hospitalizing court. Release on convalescent leave status does not terminate the involuntary hospitalization order and shall include provisions for the development of a treatment plan jointly by the hospital and by a provider of outpatient care for follow-up care by the provider and for the continual monitoring of that patient's condition by the provider. (2) The hospital from which such patient is given convalescent leave status may at any time readmit the patient without additional court proceedings. If there is reason to believe that it is to the best interest of the patient to be rehospitalized, the secretary or an authorized staff physician of the hospital may issue an order for the immediate rehospitalization of the patient. Such an order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the patient is a resident or is present, authorize any health or police officer to take the patient into custody and transport him to the responsible hospital. Notice of rehospitalization under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the rehospitalization if possible. (3) Release on convalescent leave status shall not apply to persons held under hospitalization orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 9, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 23, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

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

202A.185. Peace officer authorized to detain and return patient to hospital If a patient undergoing involuntary treatment on an inpatient basis is absent from the hospital without, or in excess of authorization from the hospital staff, the person in charge or that person's designee may contact the appropriate sheriff or other peace officers who shall take the patient into custody and return the patient to the hospital. Effective: July 15, 1988 History: Created 1988 Ky. Acts ch. 139, sec. 11, effective July 15, 1988.

KRS 202A.190 Repealed, 1982

202A.190. Repealed, 1982 Catchline at repeal: Transfer of inmate to hospital or psychiatric facility. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 20. Legislative Research Commission Note. This section was repealed 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 202A.191 Rights of hospitalized patients

202A.191. Rights of hospitalized patients (1) Each and every patient hospitalized under this chapter shall have the following rights: (a) The right to be adequately informed as to their individual treatment program; (b) The right to assist in the planning of their treatment program; (c) The right to refuse treatment subject to the provisions of KRS 202A.196; (d) The right to maintain, keep, and use personal possessions and money; (e) The right to receive visitors; (f) The right to receive payment for work performed on behalf of the hospital; (g) The right to refuse intrusive treatment subject to the provisions of KRS 202A.196; (h) The right to be free from unreasonable use of seclusion and restraint; (i) The right to seek relief from participating in their treatment plan. (2) The secretary shall adopt rules and regulations for the proper administration and enforcement of this chapter. Such regulations shall be filed with the Legislative Research Commission as provided in KRS Chapter 13A. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 27, effective July 1, 1982. Legislative Research Commission Note (10/5/90). Pursuant to KRS 7.136(1), KRS Chapter 13A has been substituted for the prior reference to KRS Chapter 13 in this statute. The sections in KRS Chapter 13 were repealed by 1984 Ky. Acts ch. 417, sec. 36 and KRS Chapter 13A was created in that same chapter of the 1984 Ky. Acts. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

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

202A.196. Hospital review committee -- Treatment plan (1) Every hospital approved under the provisions of this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. This review committee shall have the authority to review the appropriateness of a patient's individual treatment plan. (2) Upon the refusal of an involuntary patient to participate in any or all aspects of his treatment plan, the review committee shall examine the appropriateness of the patient's individual treatment plan. Within three (3) days of the refusal, the review committee shall meet with the patient and his counsel or other representative to discuss its recommendations. (3) If the patient still refuses to participate in any or all aspects of his individual treatment plan, the hospital may petition the District Court for a de novo determination of the appropriateness of the proposed treatment. Within seven (7) days, the court shall conduct a hearing, consistent with the patient's rights to due process of law, and shall utilize the following factors in reaching its determination: (a) Whether the treatment is necessary to protect the patient or others from harm; (b) Whether the patient is incapable of giving informed consent to the proposed treatment; (c) Whether any less restrictive alternative treatment exists; and (d) Whether the proposed treatment carries any risk of permanent side effects. (4) Upon the completion of the hearing, the court shall enter an appropriate judgment. Effective: July 15, 1988 History: Amended 1988 Ky. Acts ch. 139, sec. 12, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 28, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.200 Repealed, 1982

202A.200. Repealed, 1982 Catchline at repeal: Exemption from personal liability. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 21. Legislative Research Commission Note. This section was repealed 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 202A.201 Mentally ill inmates

202A.201. Mentally ill inmates (1) When an inmate of any penal and correctional institution is reported by the staff of that institution to the Department of Corrections as being so mentally ill that he cannot be properly treated with the facilities at the disposal of the staff, the Department of Corrections shall have an examination conducted on the inmate by a mental health professional. (2) If this examination reveals that the inmate is mentally ill and appropriate treatment cannot be properly carried out in the institution in which he is incarcerated or within the facilities at the disposal of the Department of Corrections, the commissioner of the Department of Corrections may then request of the secretary of the Cabinet for Health and Family Services the inmate's transfer to a hospital or forensic psychiatric facility. If the secretary of the Cabinet for Health and Family Services agrees that a transfer is necessary, the person shall be transferred to a Cabinet for Health and Family Services facility designated by the secretary of the Cabinet for Health and Family Services, where the person shall remain until the staff of the facility which received him advises the commissioner of the Department of Corrections that the person's condition is such that he may be returned to the institution from which he came. No transfer shall be made to a correctional facility located on the grounds of a state mental hospital. The commissioner of the Department of Corrections shall then authorize his return. If the prisoner's sentence expires during his stay in the facility and he is still in need of involuntary hospitalization, the staff of the facility shall petition the applicable District Court for further involuntary hospitalization of the patient under provisions of this chapter. (3) Prior to the issuance of an order of transfer and unless the prisoner voluntarily agrees to the transfer, the commissioner shall: (a) Send written notice to the prisoner that a transfer to a hospital or forensic psychiatric facility is being considered in sufficient time to permit the prisoner to prepare for the hearing; (b) Hold a hearing at which time the prisoner is made aware of the evidence being relied upon for the transfer and at which an opportunity to be heard in person and to present documentary evidence is given; (c) Provide an opportunity at the hearing to the prisoner to present testimony of witnesses and to confront and cross-examine witnesses called by the Department of Corrections, except upon a finding, not arbitrarily made, of good cause for not permitting the presentation; (d) Provide an independent decision maker who has not participated in the request for transfer to a hospital or forensic psychiatric facility; (e) Issue a written statement by the fact finder as to the evidence relied on and the reasons for transferring the prisoner; and (f) Provide effective and timely notice of all the foregoing rights. (4) During the time of the prisoner's stay in a facility, his legal status as a prisoner shall remain unchanged until the termination of his sentence. The facility staff shall have no authority to parole, grant permission to visit relatives or friends outside the facility, or discharge the individual unless otherwise agreed to by the Department of Corrections. The time the prisoner spends in the facility shall be counted as a part of the prisoner's sentence. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 213, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 178, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 418, sec. 7, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 72, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 139, sec. 13, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 331, sec. 33, effective July 15, 1986; and ch. 428, sec. 6, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 445, sec. 29, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, ch. 445, which contains the following language in sec. 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.202 Transfer of mentally ill patients or patients with an intellectual disability between facilities

202A.202. Transfer of mentally ill patients or patients with an intellectual disability between facilities (1) The cabinet may transfer mentally ill patients or patients with an intellectual disability between hospitals, between hospitals and forensic psychiatric facilities, between hospitals and residential treatment centers for individuals with an intellectual disability, between residential treatment centers for individuals with an intellectual disability, and between residential treatment centers for individuals with an intellectual disability and forensic psychiatric facilities. A transfer shall be made upon the mutual agreement of the administrative officer, the officer's designated representative or an authorized staff physician of each facility, if the agreement is based upon one (1) of the following findings by the officers, representatives or physicians: (a) That the transfer will improve the opportunities of the patient to receive care and treatment most likely to be of benefit to the patient; (b) That the transfer will permit the patient to receive care and treatment in the least restrictive alternative mode of treatment, considering the degree of danger or threat of danger to self or others which the patient presents; or (c) That the transfer is part of an individual treatment plan which has been reviewed and approved by a court. (2) The patient or his guardian or designated family member prior to transfer, shall receive notice of said proposed transfer and shall be allowed to challenge the transfer as part of his individual treatment plan under the provisions of KRS 202A.191, 202A.196, and KRS 210.270. (3) In an emergency situation where the patient presents a danger of serious injury or death to self or others within the institution so as to require immediate transfer to a more secure facility and which condition cannot be treated or resolved within a reasonable period of time in the present facility, the secretary may immediately transfer the patient to a more secure facility while the appeal provisions described in subsection (2) of this section are being carried out. In this event counsel shall be provided to the patient within three (3) days. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 146, sec. 34, effective July 12, 2012. -- Created 1988 Ky. Acts ch. 139, sec. 10, effective July 15, 1988.

KRS 202A.210 Repealed, 1982

202A.210. Repealed, 1982 Catchline at repeal: Title. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1976 Ky. Acts ch. 332, sec. 1. Legislative Research Commission Note. This section was repealed 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 202A.211 Return of Kentucky residents from other states

202A.211. Return of Kentucky residents from other states (1) Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily hospitalized may be immediately admitted to a hospital at the request of the secretary or his designated representative. (2) Within seventy-two (72) hours (excluding weekends and holidays) of the admission date, the staff of the hospital shall determine the need of the person for further hospitalization. If two (2) qualified mental health professionals, at least one (1) of whom is a physician, conclude that the patient shall be involuntarily hospitalized, they shall file in the appropriate court a certification requesting involuntary hospitalization procedures be initiated under the provisions of this chapter unless the patient has agreed to remain voluntarily. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 24, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.220 Repealed, 1982 and 1984

202A.220. Repealed, 1982 and 1984 Catchline at repeal: Applicability. History: Repealed also, 1984 Ky. Acts ch. 184, sec. 1, effective July 13, 1984. -- Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Created 1980 Ky. Acts ch. 280, sec. 150, effective July 1, 1982. Legislative Research Commission Note. This section was repealed 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. Note. 1982 Ky. Acts ch. 284, sec. 1 amended 1980 Ky. Acts ch. 280, sec. 153, changing the effective date of that enactment to July 15, 1984, and 1982 Ky. Acts ch. 445, sec. 44 repealed this section effective July 15, 1982. See also repeal set out in 1984 Ky. Acts ch. 384, sec. 1, effetive July 13, 1984.

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

202A.221. Hospital care or treatment by agency of United States (1) If an individual ordered to be hospitalized pursuant to this chapter is eligible for hospital care or treatment by any agency of the United States, the court, upon receipt of certificate from such agency showing that facilities are available and that the individual is eligible for care or treatment therein, may order him to be placed in the custody of such agency for hospitalization. When any such individual is admitted pursuant to the order of such court to any hospital or institution operated by any agency of the United States within or without the state, he shall be subject to the rules and regulations of such agency. The authorized staff physician of any hospital or institution operated by such agency and in which the individual is so hospitalized shall with respect to such individuals be vested with the same powers as the authorized staff physicians of hospitals within the state with respect to detention, custody, transfer, conditional release or discharge of patients. Jurisdiction is retained in the appropriate courts of this state at any time to inquire into the mental condition of an individual so hospitalized and to determine the necessity for continuance of the hospitalization, and every order of hospitalization issued pursuant to this section is so conditioned. (2) An order of court of competent jurisdiction of another state or the District of Columbia authorizing hospitalization of an individual by any agency of the United States shall have the same force and effect as to the individual while in this state as in the jurisdiction in which is situated the court entering the order; the courts or the district issuing the order shall be deemed to have retained jurisdiction of the individual so hospitalized for the purpose of inquiring into his mental condition and determining the necessity for continuance of his hospitalization as is provided in subsection (1) of this section with respect to individuals ordered hospitalized by the courts of this state. Consent is hereby given to the application of the law of the district in which is located the court issuing the order for hospitalization with respect to the authority of the chief officer of any hospital or institution operated in this state by any agency of the United States to retain custody, transfer, conditionally release, or discharge the individual hospitalized. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 25, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

KRS 202A.231 Transfer to agency of United States

202A.231. Transfer to agency of United States (1) Upon receipt of a certificate of the United States Public Health Service or other agency of the United States government that facilities are available for the care or treatment of any person hospitalized in any mental hospital or other institution in this state for the care of individuals with a mental illness and that such person is eligible for such care or treatment, the secretary, upon recommendation by any such hospital or institution in this state, is authorized to cause the transfer of any such person to the United States Public Health Service or other agency of the United States government for care or treatment. Upon effecting any such transfer, the hospitalizing court shall be notified by the secretary. (2) Any person transferred as provided in this section shall be deemed to be placed in the custody of the United States Public Health Service or other agency of the United States government pursuant to the original hospitalization the same as if he or she had been originally so hospitalized. (3) A person shall not be transferred to any agency of the United States if he or she be confined pursuant to conviction of any felony or misdemeanor or if he or she has been acquitted of the charge solely on the ground of mental illness unless prior to transfer the court issuing the confining order shall enter an order to transfer after the motion and hearing. Any person transferred as provided in this section to any agency of the United States shall be hospitalized by such agency pursuant to the original order of hospitalization. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 35, effective October 1, 2026. -- Created 1982 Ky. Acts ch. 445, sec. 26, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

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

202A.241. Use of least restrictive level of restraint -- Guidelines for restrained person's need for privacy and ability to use telephone All individuals transporting or holding persons under KRS Chapter 202A, 202B, or 645, shall use the least restrictive level of restraint consistent with the person's needs. The Cabinet for Health and Family Services shall promulgate administrative regulations subject to the provisions of KRS Chapter 13A which shall include guidelines addressing the person's need for privacy, particularly when being restrained, and the person's ability to communicate by phone at the earliest opportunity available. Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 214, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 179, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 498, sec. 21, effective July 15, 1994.

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

202A.251. Prohibition against detention in jail without criminal charges pending -- Criminal charges not to be placed to avoid transportation No person held under the provisions of this chapter shall be detained in jail unless criminal charges are also pending. No peace officer or any other person shall place criminal charges against a person who is mentally ill and in need of hospitalization pursuant to this chapter solely or primarily for the purpose of avoiding transporting the person to a hospital or psychiatric facility. Effective: July 15, 1994 History: Created 1994 Ky. Acts ch. 498, sec. 9, effective July 15, 1994.

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

202A.261. Certain hospitals not to be required to provide services No public or private hospital, other than a state-operated or contracted mental hospital or institution, shall be required to provide services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.0811 to 202A.0831, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280 unless the hospital agrees to provide the services. Any hospital shall make every reasonable attempt to cooperate with the implementation of KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 36, effective October 1, 2026. -- Amended 2017 Ky. Acts ch. 154, sec. 1, effective June 29, 2017. -- Created 1994 Ky. Acts ch. 498, sec. 10, effective July 15, 1994.

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

202A.271. Rates for payment for provision of hospital services Each public or private hospital, other than a state-operated or contracted mental hospital or institution, which provides services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.0811 to 202A.0831, 202A.101, 202A.141, 202A.241, 202A.251, 202A.261, 202A.271, 202B.170, 202B.200, 387.540, 504.085, 600.020, 645.020, 645.120, and 645.280 shall be paid for the services at the same rates the hospital negotiates with the Department for Behavioral Health, Developmental and Intellectual Disabilities or the regional community program for mental health and for individuals with an intellectual disability. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 37, effective October 1, 2026. -- Amended 2017 Ky. Acts ch. 154, sec. 2, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 146, sec. 35, effective July 12, 2012; and ch. 158, sec. 24, effective July 12, 2012. -- Created 1994 Ky. Acts ch. 498, sec. 11, effective July 15, 1994.

KRS 202A.301 Exemption from personal liability

202A.301. Exemption from personal liability Persons carrying out duties or rendering professional opinions as provided in this chapter shall be free of personal liability for such actions, provided that such activities are performed in good faith within the scope of their professional duties and in a manner consistent with accepted professional practices. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 30, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

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

202A.400. Duty of mental health professional to warn intended victim of patient's threat of violence (1) No monetary liability and no cause of action shall arise against any mental health professional for failing to predict, warn of or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental health professional an actual threat of physical violence against a clearly identified or reasonably identifiable victim, or unless the patient has communicated to the mental health professional an actual threat of some specific violent act. (2) The duty to warn of or to take reasonable precautions to provide protection from violent behavior arises only under the limited circumstances specified in subsection (1) of this section. The duty to warn a clearly or reasonably identifiable victim shall be discharged by the mental health professional if reasonable efforts are made to communicate the threat to the victim, and to notify the police department closest to the patient's and the victim's residence of the threat of violence. When the patient has communicated to the mental health professional an actual threat of some specific violent act and no particular victim is identifiable, the duty to warn has been discharged if reasonable efforts are made to communicate the threat to law enforcement authorities. The duty to take reasonable precaution to provide protection from violent behavior shall be satisfied if reasonable efforts are made to seek civil commitment of the patient under this chapter. (3) No monetary liability and no cause of action shall arise against any mental health professional for confidences disclosed to third parties in an effort to discharge a duty arising under subsection (1) of this section according to the provisions of subsection (2) of this section. (4) For purposes of this section: (a) "Mental health professional" means: 1. A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while engaged in conducting mental health services; 2. A psychiatrist licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States engaged in conducting mental health services; 3. A psychologist, a psychological practitioner, a certified psychologist, or a psychological associate, licensed under the provisions of KRS Chapter 319; 4. A registered nurse licensed under the provisions of KRS Chapter 314 engaged in providing mental health services; 5. A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS 335.080 engaged in providing mental health services; 6. A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 engaged in providing mental health services; 7. A professional counselor credentialed under the provisions of KRS Chapter 335.500 to 335.599 engaged in providing mental health services; 8. An art therapist certified under KRS 309.130 engaged in providing mental health services; or 9. A pastoral counselor licensed under the provisions of KRS 335.600 to 335.699 engaged in providing mental health services; and (b) "Patient" has the same meaning as in KRS 202A.011, except that it also includes a person currently under the outpatient care or treatment of a mental health professional. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 61, sec. 1, effective June 24, 2015. -- Amended 2014 Ky. Acts ch. 64, sec. 1, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 99, sec. 3, effective March 28, 2002. -- Created 1986 Ky. Acts ch. 348, sec. 1, effective July 15, 1986.

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

202A.410. Duty of administrator to warn law enforcement agency, prosecutor, and Department of Corrections upon discharge, transfer, or escape of involuntarily committed patient charged or convicted of a violent crime -- Immunity for acting in good faith -- Notification of victim -- Administrative regulations (1) When a patient who has been involuntarily committed to a psychiatric facility or forensic psychiatric facility and who has been charged with or convicted of a violent crime as defined in KRS 439.3401 is discharged or transferred from the facility, the administrator shall notify the law enforcement agency in the county to which the person is to be released, the prosecutor in the county where the violent crime was committed, and the Department of Corrections. (2) If a patient who has been involuntarily committed to a psychiatric facility or forensic psychiatric facility and who has been charged with or convicted of a violent crime as defined in KRS 439.3401 escapes from the facility, the administrator shall notify the law enforcement agency in the county in which the facility is located, the prosecutor in the county where the violent crime was committed, and the Department of Corrections. (3) The administrator of a psychiatric facility or forensic psychiatric facility, or the administrator's designee, who acts in good faith in making the notifications required in this section or is unable to provide the release information required, is immune from any civil liability. (4) The Department of Corrections shall notify, or contract with a private entity to notify, victims of crime, judges, and witnesses involved in the hearing that resulted in the involuntary commitment who have made a notification request of the discharge or escape of a patient from a psychiatric facility or forensic psychiatric facility. (5) The Department of Corrections and the Cabinet for Health and Family Services shall each promulgate administrative regulations under KRS Chapter 13A to carry out the duties set forth in this statute. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 156, sec. 23, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 215, effective June 20, 2005. -- Created 1998 Ky. Acts ch. 606, sec. 80, effective July 15, 1998.

KRS 202A.420 Definitions for KRS 202A.420 to 202A.432

202A.420. Definitions for KRS 202A.420 to 202A.432 As used in KRS 202A.420 to 202A.432, unless the context requires otherwise: (1) "Advance directive for mental health treatment" or "advance directive" means a written document, or a document in a form consistent with the provisions of the federal Americans with Disabilities Act (ADA), made voluntarily by a grantor in accordance with the provisions of KRS 202A.420 to 202A.432 that provides instructions for mental health treatment. (2) "Grantor" means an adult eighteen (18) years of age or older whose right to make health care decisions or to execute legal documents has not been limited, and who has executed an advance directive for mental health treatment. (3) "Surrogate" means an adult who has not provided health care services to the grantor, who has been designated by the grantor to act, and who agrees to act on behalf of the grantor in accordance with KRS 202A.420 to 202A.432. The term includes an alternate surrogate. (4) "Procedures for emergency intervention" means the use of physical or chemical restraint or seclusion in an emergency situation. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 190, sec. 1, effective June 24, 2003.

KRS 202A.422 Advance directive for mental health treatment -- Scope -- Witnesses, notaries, and persons authorized to administer oaths -- Effect -- Notification to health care provider and health care facility -- Exemptions from criminal prosecution and civil liability

202A.422. Advance directive for mental health treatment -- Scope -- Witnesses, notaries, and persons authorized to administer oaths -- Effect -- Notification to health care provider and health care facility -- Exemptions from criminal prosecution and civil liability (1) An adult may execute an advance directive for mental health treatment that includes one (1) or more of the following: (a) Refusal of specific psychotropic medications, but not an entire class of psychotropic medications. This refusal may be due to factors that include but are not limited to their lack of efficacy, known drug sensitivity, or previous experience of adverse reactions; (b) Refusal of electric shock therapy (ECT); (c) Stated preferences for psychotropic medications; (d) Stated preferences for procedures for emergency interventions; and (e) Provision of information in any area specified by the grantor. (2) The execution of an advance directive shall be complete when signed by the grantor and: (a) Signed by two (2) adult witnesses who attest that the grantor: 1. Is known to them; 2. Signed the advance directive in their presence; and 3. Did not appear to be under duress, fraud, or undue influence; or (b) Acknowledged before a notary public or other person authorized to administer oaths. (3) The following persons shall not serve as a witness, a notary public, or other person authorized to administer oaths to the signing of an advance directive: (a) The grantor's current health care provider or a relative of the current health care provider; and (b) An owner, operator, employee, or relative of an owner or operator of a health facility in which the grantor is a client or resident, unless the owner, operator, employee, or relative serves as a notary public. (4) An advance directive shall not override the grantor's right under federal and state law to refuse treatment. (5) The grantor or the surrogate of the grantor shall be responsible for providing a copy of the advance directive to the grantor's health care provider and health care facility where the grantor is a patient. (6) An advance directive for mental health treatment shall be honored in any setting, except a hospital emergency room or a hospital emergency department, that is required to honor advance directives under Title XVIII or Title XIX of the Federal Social Security Act. (7) A health care provider, health care facility, surrogate, or other responsible party shall not be subject to criminal prosecution or civil liability if acting in agreement with an advance directive for mental health treatment executed in accordance with KRS 202A.420 to 202A.432 or if acting in good faith without knowledge of the existence or revocation of an advance directive. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 36, sec. 12, effective July 15, 2020. -- Created 2003 Ky. Acts ch. 190, sec. 2, effective June 24, 2003.

KRS 202A.424 Powers of designated surrogate

202A.424. Powers of designated surrogate (1) A surrogate designated by a grantor in an advance directive for mental health treatment shall act on behalf of the grantor in accordance with the desires of the grantor as indicated in the advance directive and may override the advance directive only if there is substantial medical evidence that failing to do so would result in harm to the grantor. (2) When acting on behalf of the grantor, the surrogate shall consider the recommendations of the health care provider and honor the decisions made by the grantor as expressed in the advance directive. (3) If the grantor's instructions or preferences are not stated in the advance directive, the surrogate may act in good faith on behalf of the grantor in the manner that the surrogate believes the grantor would act. (4) A surrogate may resign at any time by giving written notice to the grantor, to the immediate successor surrogate, if any, to the attending health care provider, or to the health care facility. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 190, sec. 3, effective June 24, 2003.

KRS 202A.426 Refusal to comply with advance directive or surrogate's decision -- Effect of refusal

202A.426. Refusal to comply with advance directive or surrogate's decision -- Effect of refusal (1) A health care provider or health care facility shall provide mental health treatment that complies with the instructions in an advance directive to the fullest extent possible when the instructions are within standards for mental and physical health care and permitted by state and federal law. (2) A health care provider or health care facility may override expressed refusals of treatment only if: (a) A court order contradicts the advance directive; or (b) There is an emergency endangering a person's life or posing a serious risk to physical health. (3) Deviations from expressed preferences in an advance directive shall be documented by the health care provider or health care facility in the grantor's medical record. (4) A health care provider or health care facility that refuses to comply with an advance directive of a grantor or a decision made by a surrogate shall: (a) Immediately inform the grantor or surrogate, if one is designated, of the refusal; and (b) Not impede the transfer of the grantor to another health care provider or health care facility. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 190, sec. 4, effective June 24, 2003.

KRS 202A.428 Revocation of advance directive for mental health treatment

202A.428. Revocation of advance directive for mental health treatment An advance directive may be revoked by: (1) A document that is signed and dated by the grantor and declares an intention to revoke; (2) An oral statement of intent to revoke made by a grantor to a health care provider in the presence of some other person; or (3) Destruction of the document by the grantor or by some person in the grantor's presence at the grantor's direction. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 190, sec. 5, effective June 24, 2003.

KRS 202A.430 Form of advance directive for mental health treatment

202A.430. Form of advance directive for mental health treatment An advance directive for mental health treatment shall be in substantially the following form: "Advance directive for mental health treatment I, ___________, willfully and voluntarily execute this advance directive for mental health treatment. I want the instructions in this advance directive to be followed as described below. Designated surrogate ___I am naming a surrogate to see that my instructions for mental health treatment are carried out. ___I am not naming a surrogate to see that my instructions for mental health treatment are carried out. I designate ____________ to act as my surrogate. If this person withdraws or is unwilling to act on my behalf, or if I revoke that person's authority to act as my surrogate, I designate ____________ to act as my alternate surrogate. If I do not designate a surrogate, if my surrogate and alternate surrogate withdraw or are unwilling to act on my behalf, or if I revoke their authority to act, then the health care provider and health care facility may proceed to render treatment in accordance with my instructions as described here and in accordance with standards for mental and physical health care. The person acting as my surrogate is authorized to act in accordance with the content of this advance directive and may override the advance directive if, and only if, there is substantial medical evidence that failing to do so would result in harm to me. If my instructions and preferences are not stated in the advance directive, the surrogate may act in good faith in making treatment decisions in the manner in which the surrogate believes I would act. Psychotropic medication provisions I may indicate below any refusals of treatment with specific psychotropic medications, not to include an entire class of medications, due to factors that may include but are not limited to lack of efficacy, known drug sensitivity, or experience of adverse reaction: I specifically do not consent and do not authorize my surrogate to consent to the administration of the following medications or their respective brand-name or generic equivalents for the reasons given: Specific psychotropic medication Reason for refusal ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ I may list below any specific psychotropic medications that I would be willing to have administered to me if additional medications become necessary: Specific psychotropic medications ____________________________ ____________________________ ____________________________ ____________________________ Electroconvulsive therapy provisions Below are my instructions regarding electroconvulsive therapy (ECT): ____I consent to electroconvulsive therapy (ECT) if it is deemed clinically appropriate to treat my condition. ____I do not consent to electroconvulsive therapy (ECT). Preferred procedures for emergency interventions I may state preferences for procedures for emergency interventions to be used when necessary for my protection or the protection of others. I understand that I am requesting consideration of my preferences for procedures for emergency interventions but that my surrogate, my health care provider, and the health care facility where I am a patient are not subject to civil liability for not abiding by these preferences. I understand that in the case of possible harm to myself or others, my health care provider or the health care facility may need to use procedures that override my stated preferences. If during an admission or while a patient in a health care facility, it is determined that I am engaging in behavior that requires emergency intervention, my preferences regarding the procedures to be used during an emergency intervention and the order that I prefer the interventions to be used are as follows: Intervention Order of preference Reason for this preference Seclusion___________________________________________________________ Physical restraints____________________________________________________ Seclusion and physical restraint combined_____________________________________________________ Medication by injection_________________________________________________ Medication in pill form_________________________________________________ Liquid medication_____________________________________________________ Other:_______________________________________________________________ Signed this ____ day of _________, 20__ Signature of grantor:_________________________ Address of grantor:_____________________________________________________ _____________________________________________________________________ In my presence, the grantor voluntarily dated and signed this writing or directed it to be dated and signed. I am not the grantor's current health care provider, a relative of the current health care provider, or an owner, operator, employee or relative of an owner or operator of a health facility in which the grantor is a client or resident. Signatures of witnesses: _________________________________________________ _____________________________________________________________________ Surrogate contact information (if designated): Name:_______________________________ Address:______________________________ _____________________________________ Telephone:_____________________________ Signed this ____ day of _________, 20__ Signature of surrogate:____________________ Alternate surrogate contact information (if designated): Name:_______________________________ Address:______________________________ _____________________________________ Telephone_____________________________ Signed this ____ day of _________, 20__ Signature of alternate surrogate:______________________" Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 190, sec. 6, effective June 24, 2003.

KRS 202A.432 Short title for KRS 202A.420 to 202A.432

202A.432. Short title for KRS 202A.420 to 202A.432 KRS 202A.420 to 202A.432 may be cited as the Kentucky Advance Directive for Mental Health Act. Effective: June 24, 2003 History: Created 2003 Ky. Acts ch. 190, sec. 7, effective June 24, 2003.

KRS 202A.0801 Court-ordered community-based outpatient treatment -- Appointment of provider agency -- Multidisciplinary team -- Administrative regulations

202A.0801. Court-ordered community-based outpatient treatment -- Appointment of provider agency -- Multidisciplinary team -- Administrative regulations (1) If the court orders community -based outpatient mental health treatment under this chapter, the court shall: (a) Appoint an outpatient provider agency recognized by the cabinet which shall assemble a multidisciplinary team; and (b) Report every order for community -based outpatient treatment issued under this section to the Department for Behavioral Health, Developmental and Intellectual Disabilities. (2) (a) The multidisciplinary team shall: 1. Regularly monitor the person's adherence to the conditions of the order and regularly report this information to the court, the county attorney, respondent's counsel, and any other party the court deems necessary; and 2. Consist of three (3) mental health professionals, including any of the following: a. The respondent's doctor; b. A nurse practitioner; c. A prescriber; d. A therapist; e. A case manager; f. A peer support specialist; or g. Any other person deemed qualified by the court. (b) Any responsible adult may report nonadherence to the conditions of the order to the court, the county attorney, respondent's counsel, and any other part y the court deems necessary. (3) Reports may be provided in written format, in person, or via electronic means, at the court's discretion. (4) The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A necessary to implement this section. Effective: October 1, 2026 History: Created 2026 Ky. Acts ch. 92, sec. 14, effective October 1, 2026.

KRS 202A.0803 Failure to comply with court order -- Emergency admission -- Transportation

202A.0803. Failure to comply with court order -- Emergency admission -- Transportation (1) A person's substantial failure to comply with a court order for community -based outpatient treatment may constitute presumptive grounds for the court or an authorized staff physician to order a seventy -two (72) hour emergency admission to allow for reexamination of the person to determine whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (2) (a) Failure to comply with an order for community-based outpatient treatment shall not be grounds to find the person in contempt of court but shall be prima facie evidence that: 1. The person can benefit from inpatient hospitalization; and 2. Inpatient hospitalization is the least restri ctive mode of treatment. (b) If a new petition for involuntary hospitalization is filed within twelve (12) months of an order for community-based outpatient treatment, the clerk of the court shall provide the prior order to: 1. The court with the petition for involuntary hospitalization; and 2. The qualified mental health professional along with the court's order for examination. (c) The qualified mental health professional who conducts the examination as described under paragraph (b)2. of this subsection shall independently evaluate the person, considering the person's prior order for community -based outpatient treatment, and certify whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with a prior order for community -based outpatient treatment. (3) (a) Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person's home county by the sheriff of that county or other peace officer as ordered by the court. (b) The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cab inet to transport the person to the hospital. (c) The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regula tion promulgated by the cabinet in accordance with KRS Chapter 13A. (4) (a) Any person released from the hospital under subsection (1) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person. (b) The transportation cost of transporting the patient to the patient's county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A. Effective: October 1, 2026 History: Created 2026 Ky. Acts ch. 92, sec. 15, effective October 1, 2026.

KRS 202A.0805 Discharge review hearing -- Procedures -- Transfer to inpatient psychiatric hospital owned by Commonwealth

202A.0805. Discharge review hearing -- Procedures -- Transfer to inpatient psychiatric hospital owned by Commonwealth (1) (a) Upon motion of the county attorney under KRS 202A.051(11)(a)2.b.ii., the hospital shall provide a copy of the discharge plan as soon as practicable to the court and the respondent's counsel of record. The court, upon motion of the county attorney or the court's own motion, shall conduct a review hearing: 1. To determine if the discharge plan gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment; and 2. At the earliest practicable time, consistent with due process and the availability of counsel, and in no event later than seven (7) days after the motion is made, except with the respondent's consent or upon the court's finding that extraordinary circumstances exist and that delay is indispensable to protect the respondent and the community. (b) This hearing shall only be conducted for a respondent who withi n the past twelve (12) months has been found incompetent to stand trial in a criminal proceeding and has not been committed under KRS Chapter 202C. (2) The court shall verify that discharge planning procedures were completed to give the respondent a realistic opportunity to avoid recurrence of substantial symptom burden that would necessitate psychiatric hospitalization. Those procedures shall include but not be limited to any of the following: (a) Documenting the housing status of the respondent or that ho using services were offered and the respondent declined; (b) Scheduling an outpatient treatment appointment for no later than seven (7) days after discharge; (c) Providing or prescribing a thirty (30) day supply of medication; (d) Documenting a transportation plan that may include securing a bus pass, taxi voucher, or an acknowledgment that the respondent will walk or the respondent's family will provide transportation; (e) Developing and documenting a crisis plan with contact infor mation for services that are available twenty-four (24) hours a day; (f) Developing a transfer of care plan or attempting to develop a transfer of care plan with the respondent if the respondent has met with an outpatient provider or an appointment with the outpatient provider has been scheduled; or (g) Contacting the respondent's family or other support systems, if the respondent consents. (3) For respondents with decision-making capacity who refuse housing or other services under subsection (2) of this se ction, the discharge plan shall document: (a) That housing and other services were offered and explained; (b) The respondent's reasons for refusal; (c) That the respondent understands the potential consequences of his or her choices; (d) That risk reduction strategies were offered, including access to crisis contacts, mobile crisis services, drop-in services, and other safety-oriented resources; and (e) That there is a plan for periodic outreach to offer services. (4) If the court finds by clear and convincing evidence that the discharge plan does not give the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment, then the respondent shall not be discharged and the court shall order the hospital to submit within seventy-two (72) hours a revised discharge plan that gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment. (5) (a) If a respondent is not discharged under subsection (4) of this section, a review hearing shall be conducted by the court within seven (7) days of the hospital's submission of a revised discharge plan. (b) A review hearing may be conducted in an informal manner, consistent with orderly procedures, and in a physical setting not likely to have a harmful effect on the mental or physical health of the respondent. The hearing may be held by the court in chambers, remotely from a hospital, or in another suitable place. The respondent shall be present in person or remotely for all review hearings, unless presence is waived by the respondent through counsel. (c) 1. The Commonwealth shall present evidence regarding whether: a. The respondent continues to meet the criteria for involuntary commitment under KRS 202A.026; and b. The discharge plan gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment. 2. The respondent shall be represented by counsel and be afforded an opportunity to present evidence and to cross-examine any witnesses. (d) The Kentucky Rules of Evidence shall apply and proceedings shall be heard by a judge without a jury. (e) The respondent's right to this hearing shall not be waived. (f) 1. At the conclusion of a review hearing, the court shall make written findings of fact concerning whether: a. The criteria for involuntary commitment under KRS 202A.026 continue to be satisfied; and b. The discharge plan gives the respondent a realistic opportunity to avoid imminent readmittance into an inpatient psychiatric hospital for treatment. 2. If the court finds, by clear and convincing evidence, that the criteria continue to be satisfied and that the discharge plan does not give the respondent a realistic opportunity to avoid imminent r eadmittance into an inpatient psychiatric hospital for treatment, the court shall enter an order authorizing the continued care and treatment of the respondent until the expiration of the order under KRS 202A.051(11)(a). 3. If the court does not make the finding required in subparagraph 2. of this paragraph, the court shall discharge the respondent to comply with the discharge plan unless the court finds that the respondent is an individual with a mental illness, who presents a danger or threat of danger to self, family, or others as a result of the mental illness, who may reasonably benefit from court-ordered outpatient treatment or release with other reasonable conditions, and for whom court-ordered outpatient treatment or release with other reasonable conditions is the least restrictive alternative mode of treatment available, in which case the court shall discharge the respondent and may order: a. For a respondent who meets the criteria for court -ordered assisted outpatient treatment set forth in KRS 202A.0815: i. That a treatment plan be developed in accordance with KRS 202A.0817 within forty-eight (48) hours; and ii. The respondent to receive court-ordered assisted outpatient treatment under KRS 202A.0811 to 202A.0831; b. For any other respondent who may benefit from outpatient treatment: i. A qualified mental health professional to develop a treatment plan within forty-eight (48) hours; ii. The respondent to receive community-based outpatient treatment that shall not exceed three hundred sixty (360) days; and iii. The respondent to comply with any other reasonable condition necessary to ensure compliance; or c. The respondent to be released with any reasonable conditions necessary to ensure the safety of self, family, or ot hers and avoid readmittance into a hospital setting. (6) The Commonwealth, respondent, or hospital where the respondent is being hospitalized may make a motion for an additional review hearing if a material change in circumstances has occurred and the resp ondent no longer meets the criteria for involuntary hospitalization under KRS 202A.026. If the court has probable cause to believe that a material change in circumstances has occurred, the court shall: (a) Conduct a review hearing within fourteen (14) days of the filing of the motion for an additional review hearing; and (b) Order the respondent to be evaluated as described under subsection (5)(b) of this section. (7) (a) Any respondent being hospitalized under this section shall be transferred to an inpatient psychiatric hospital owned by the Commonwealth upon request of the hospital or psychiatric facility where the respondent is being held. (b) An inpatient psychiatric hospital contracted with the cabinet shall not request transfer under paragraph (a) of this subsection. Effective: October 1, 2026 History: Created 2026 Ky. Acts ch. 92, sec. 16, effective October 1, 2026. Legislative Research Commission Note (10/1/2026). 2026 Ky. Acts ch. 92, sec. 16, which created this statute, included a reference to "Section 20 of this Act" in subsection (5)(f)3.a.i. of this statute. Section 20 of that Act was codified at KRS 202A.0815. However, it is clear from the text of the Act that the reference was meant to be "KRS 202A.0817." This manifest clerical or typographical error has been corrected in codification under KRS 7.136.

KRS 202A.0807 Annual report

202A.0807. Annual report (1) By October 1 of each year beginning in 2027, the cabinet in coordination with the Administrative Office of the Courts shall submit to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services and the Interim Joint Committee on Judiciary a report that includes: (a) The number of: 1. Petitions filed under KRS 202A.051; 2. Petitions filed under KRS 202A.0811; 3. Court orders for seventy-two (72) hour hospital admission; 4. Petitions dismissed prior to a final order under KRS 202A.051 or 202A.0819; 5. Petitions that result in an order for involuntary hospitalization under KRS 202A.051 and if the orders were for sixty (60) days or three hundred sixty (360) days of involuntary hospitalization; 6. Petitions that result in an order for outpatient treatment or any other reasonable conditions; 7. Petitions filed following a respondent's violation of court-ordered outpatient treatment or other reasonable conditions; 8. Precertification review hearings conducted under this chapter; 9. Discharge hearings conducted under KRS 202A.051; and 10. Review hearings conducted under KRS 202A.0805; (b) The stage of a proceeding under this chapter where a: 1. Petition is dismissed; and 2. Court has ordered a respondent to court-ordered outpatient or any other reasonable conditions; (c) The length of time a respondent receives treatment under this chapter prior to discharge by a hospital or termination of an order to receive outpatient treatment; and (d) A summary of the services provided to a respondent who is ordered to involuntary hospitalization or to receive outpatient treatment. (2) Any hospital, qualified mental health professional, and any other mental health agency who evaluates or treats a respondent under this chapter shall be required to report data to the cabinet as required under this section. The cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A to implement this section. (3) The cabinet and the Administrative Office of the Courts shall enter into an agreement to share data necessary to prepare the report required under this section. (4) The report prepared under this section shall not identify specific individuals. Effective: October 1, 2026 History: Created 2026 Ky. Acts ch. 92, sec. 17, effective October 1, 2026.

KRS 202A.0809 Consent orders

202A.0809. Consent orders (1) In any proceeding under this chapter, if the respondent agrees: (a) To comply with a treatment plan; and (b) That he or she meets the criteria for involuntary hospitalization under KRS 202A.026, provided that outpatient treatment is determined to be the least restrictive mode of treatment; and upon agreement of the court, county attorney, respondent, respondent's counsel, and qualified mental health professional, the court may enter a consent order for the respondent to receive court-ordered assisted outpatient treatment or community- based outpatient treatment and order other reasonable conditions. (2) An order entered under subsection (1) of this section shall: (a) Be filed with the court and made a part of the record in the proceeding; (b) Specify the terms and conditions of treatment to which the respondent has agreed to; (c) Specify that the respondent is subject to same monitoring, reporting, and review requirements as any contested order to receive court-ordered assisted outpatient treatment or community-based outpatient treatment; and (d) Remain in effect for a period not to exceed three hundred sixty (360) days, subject to early termination or modification by the court. (3) The failure of a respondent to comply with a consent order entered under this section shall be treated in the same manner as noncompliance with a contested order under this chapter. Effective: October 1, 2026 History: Created 2026 Ky. Acts ch. 92, sec. 18, effective October 1, 2026.

KRS 202A.0811 Petition for hearing regarding court-ordered assisted outpatient treatment

202A.0811. Petition for hearing regarding court-ordered assisted outpatient treatment (1) Proceedings for court-ordered assisted outpatient treatment of a person shall be initiated by the filing of a verified petition for that purpose in District Court. (2) The petition and all subsequent court documents shall be entitled: "In the interest of (name of respondent)." (3) The petition shall be filed by a qualified mental health professional; peace officer; county attorney; Commonwealth's attorney; spouse, relative, friend, or guardian of the person concerning whom the petition is filed; or any responsible adult. (4) The petition shall set forth: (a) Petitioner's relationship to the respondent; (b) Respondent's name, residence, and current location, if known; (c) Petitioner's belief, including the factual basis therefor, that the respondent meets the criteria for court-ordered assisted outpatient treatment as set forth in KRS 202A.0817; and (d) Whether, within five (5) days prior to the filing of the petition, the respondent has been evaluated by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment pursuant to KRS 202A.0815. (5) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. If the petitioner is a qualified mental health professional, the court may dispense with the examination. (6) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause to believe the respondent should be court-ordered to assisted outpatient treatment, the court shall: (a) Order the respondent to be evaluated without unnecessary delay by a qualified mental health professional to determine whether the respondent meets the criteria for court-ordered assisted outpatient treatment set forth in KRS 202A.0815, unless the court has already received the certified findings of such an evaluation conducted no earlier than five (5) days prior to the filing of the petition. The qualified mental health professional shall certify his or her findings to the court within seventy-two (72) hours from receipt of the order, excluding weekends and holidays; and (b) Set a date for a hearing within six (6) days from the date of the filing of the petition under the provisions of this section, excluding weekends and holidays, to determine if the respondent should be court-ordered to assisted outpatient treatment. (7) If the court finds there is no probable cause to believe the respondent should be court-ordered to assisted outpatient treatment, the proceedings against the respondent shall be dismissed. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 19, effective October 1, 2026. -- Amended 2022 Ky. Acts ch. 32, sec. 1, effective July 14, 2022. -- Created 2017 Ky. Acts ch. 154, sec. 3, effective June 29, 2017.

KRS 202A.0813 Transportation and examination of petition respondent

202A.0813. Transportation and examination of petition respondent (1) The court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or site designated by the cabinet so that the respondent shall be examined without unnecessary delay by a qualified mental health professional. The sheriff or peace officer may authorize, upon agreement of a person authorized by the peace officer, the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to a hospital or site designated by the cabinet. (2) (a) When the court is authorized to issue an order that the respondent be transported to a hospital or site designated by the cabinet for examination, the court may issue a summons. (b) A summons so issued shall be directed to the respondent and shall command the respondent to appear at a time and place specified in the summons, where the respondent shall be examined by a qualified mental health professional. (c) If a respondent who has been summoned fails to appear for the examination, the court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or site designated by the cabinet for the purpose of an examination. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 4, effective June 29, 2017.

KRS 202A.0815 Criteria for court-ordered assisted outpatient treatment

202A.0815. Criteria for court-ordered assisted outpatient treatment A person shall not be court-ordered to assisted outpatient mental health treatment unless the person: (1) Is diagnosed with a serious mental illness; (2) Has a history of repeated nonadherence with mental health treatment, which has: (a) At least twice within the last forty-eight (48) months, been a significant factor in necessitating hospitalization or arrest of the person; or (b) Within the last twenty-four (24) months, resulted in an act, threat, or attempt at serious physical injury to self or others; (3) Is unlikely to adequately adhere to outpatient treatment on a voluntary basis based on a qualified mental health professional's clinical observation; and (4) Is in need of court-ordered assisted outpatient treatment as the least restrictive alternative mode of treatment presently available and appropriate. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 20, effective October 1, 2026. -- Amended 2022 Ky. Acts ch. 32, sec. 2, effective July 14, 2022. -- Amended 2020 Ky. Acts ch. 29, sec. 1, effective July 15, 2020. -- Created 2017 Ky. Acts ch. 154, sec. 5, effective June 2 9, 2017.

KRS 202A.0817 Treatment plan required for court-ordered assisted outpatient treatment

202A.0817. Treatment plan required for court-ordered assisted outpatient treatment No later than the date of the hearing held pursuant to KRS 202A.0811, the qualified mental health professional who examined the respondent pursuant to KRS 202A.0811 shall provide to the court and the respondent a proposed written treatment plan for the respondent for court-ordered assisted outpatient treatment, which shall have the goal of recovery. In developing a treatment plan, a qualified mental health professional shall: (1) Provide reasonable opportunities for the respondent to actively participate in the development of the treatment plan and any modifications thereafter, and involve any other persons whom the respondent requests to have participate; (2) Follow any advanced directive for mental health treatment executed by the respondent; and (3) Include in the treatment plan: (a) A proactive crisis plan that includes access to emergency or crisis services twenty-four (24) hours a day and the contact information to access such crisis services; and (b) Evidence-based practices. As used in this paragraph, "evidence-based practices" means intervention programs, policies, procedures, and practices that have been rigorously tested; are proven by scientific research; have yielded consistent, replicable results; and have proven safe, beneficial, and effective for most people diagnosed with mental illness when implemented competently. Evidence-based practices may include but are not limited to psychotropic medications, psychosocial rehabilitation, recovery-oriented therapies, assertive community treatment, supported employment, supported housing, and peer support services. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 6, effective June 29, 2017.

KRS 202A.0819 Due process and support requirements -- Conduct of hearing -- Ruling on petition -- Reports

202A.0819. Due process and support requirements -- Conduct of hearing -- Ruling on petition -- Reports (1) At a hearing and at all stages of a proceeding for court -ordered assisted outpatient treatment, the respondent shall be: (a) Represented by counsel; (b) Accompanied by a peer support specialist or other person in a support relationship, if requested by the respondent; and (c) Afforded an opportunity to present evidence, call witnesses on his or her behalf, and cross-examine adverse witnesses. (2) If a respondent does not appear at the hearing, and appropriate attempts to elicit the respondent's appearance have failed, the court may conduct the hearing in the respondent's absence. (3) A qualified mental health professional who recommends court -ordered assisted outpatient treatment for the respondent shall: (a) Testify at the hearing, in person or via electronic means; (b) State the facts and clinical determinations which support the allegation that the respondent meets the criteria stated in KRS 2 02A.0815; and (c) Testify in support of the treatment plan provided pursuant to KRS 202A.0817, and for each category of proposed evidence -based treatment, he or she shall state the specific recommendation and the clinical basis for his or her belief that such treatment is essential to the maintenance of the respondent's health or safety. (4) If after hearing all relevant evidence, the court does not find by clear and convincing evidence that the respondent meets the criteria stated in KRS 202A.0815, the court shall deny the petition and the proceedings against the respondent shall be dismissed. (5) If after hearing all relevant evidence, the court finds by clear and convincing evidence that the respondent meets the criteria stated in KRS 202A.0815, the court may order the respondent to receive assisted outpatient treatment for a period of time not to exceed three hundred sixty (360) days and to comply with any other reasonable conditions necessary to ensure compliance. The court's order shall incorporate a treatment plan, which shall be limited in scope to the recommendations included in the treatment plan provided by the qualified mental health professional pursuant to KRS 202A.0817. (6) The court shall report every order for assisted outpatient treatment issued under this section to the Department for Behavioral Health, Developmental and Intellectual Disabilities. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 21, effective October 1, 2026. -- Amended 2019 Ky. Acts ch. 128, sec. 2, effective June 27, 2019. -- Created 2017 Ky. Acts ch. 154, sec. 7, effective June 29, 2017.

KRS 202A.0821 Appointment of outpatient provider agency

202A.0821. Appointment of outpatient provider agency If the court orders assisted outpatient mental health treatment pursuant to KRS 202A.0819, the court shall appoint an outpatient provider agency recognized by the cabinet which shall assemble a multidisciplinary team. The multidisciplinary team shall regularly monitor the person's adherence to the conditions of the order and regularly report this information to the court that ordered the person's release. Reports may be provided in written format, in person, or via electronic means, at the court's discretion. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 8, effective June 29, 2017.

KRS 202A.0823 Substantial failure to comply with court-ordered assisted outpatient treatment -- Review committee -- Emergency admission -- Transportation

202A.0823. Substantial failure to comply with court-ordered assisted outpatient treatment -- Review committee -- Emergency admission -- Transportation (1) A person's substantial failure to comply with a court order for assisted outpatient treatment may constitute presumptive grounds for the court or an authorized staff physician to order a seventy-two (72) hour emergency admission to allow for reexamination of the person to determine whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (2) (a) Upon the refusal of a person subject to a court order for assisted outpatient treatment to participate in any or all aspects of his or her treatment plan, the person's outpatient provider may establish a review committee that i s made up of three (3) qualified mental health professionals to examine the appropriateness of the person's treatment plan. The review committee shall include at least one (1) qualified mental health professional who is directly involved with the person's treatment, if available. Within three (3) days of the refusal, the review committee shall meet the person and his or her counsel or other representative to discuss its recommendations. (b) If the person still refuses to participate in any or all aspects of his or her treatment plan, the person's outpatient provider may petition the District Court for a de novo determination of the appropriateness of the proposed treatment. (c) Within seven (7) days, the court shall conduct a hearing, consistent with the person's rights to due process of law, and shall utilize the following factors in reaching its determination: 1. Whether the treatment is necessary to protect the person or others from harm; 2. Whether the person is incapable of giving informed consent to the proposed treatment; 3. Whether any less restrictive alternative treatment exists; and 4. Whether the proposed treatment carries any risk of permanent side effects. (d) 1. Upon completion of the hearing, the court shall enter an appropriate judgment. 2. An order entered under this paragraph shall not allow for a person to be physically restrained in order to administer any medication in any outpatient treatment setting. (e) A judgment entered under paragraph (d) of this subsection may extend to treatment provided during a seventy-two (72) hour emergency admission. (3) (a) Failure to comply with an order for assisted outpatient treatment shall not be grounds to find the person in contempt of court but shall be prima facie evidence that: 1. The person can benefit from inpatient hospitalization; and 2. Inpatient hospitalization is the least restrictive mode of treatment. (b) If a new petition for involuntary hospitalization is fi led within twelve (12) months of an order for assisted outpatient treatment, the clerk of the court shall provide the prior order to: 1. The court with the petition for involuntary hospitalization; and 2. The qualified mental health professional along with the court's order for examination. (c) The qualified mental health professional who conducts the examination as described under paragraph (b)2. of this subsection shall independently evaluate the person, considering the person's prior order for assisted outpatient treatment, and certify whether he or she meets the criteria for involuntary hospitalization under KRS 202A.026. (d) A person shall not be involuntarily hospitalized based solely on his or her failure to comply with a prior order for assisted outpatient treatment. (4) (a) Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person's home county by the sheriff of that county or other peace officer as ordered by the court. (b) The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital. (c) The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A. (5) (a) Any person released from the hospital under subsection (1) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person. (b) The transportation cost of transporting the patient to the patient's county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet in accordance with KRS Chapter 13A. Effective: October 1, 2026 History: Amended 2026 Ky. Acts ch. 92, sec. 22, effective October 1, 2026. -- Created 2017 Ky. Acts ch. 154, sec. 9, effective June 29, 2017.

KRS 202A.0825 Stay, vacation, or modification of court-ordered assisted outpatient treatment

202A.0825. Stay, vacation, or modification of court-ordered assisted outpatient treatment (1) At any time during the period of an order for court-ordered assisted outpatient treatment, the person subject to the order may move the court to stay, vacate, or modify the order. (2) (a) As used in this subsection, "material change" means an addition or deletion of a category of services to or from a treatment plan. (b) If a treating qualified mental health professional proposes a material change to the court-ordered treatment plan, he or she shall apply to the court for approval of the proposed change. Not later than five (5) days after receiving the application, excluding weekends and holidays, the court shall hold a hearing. If the person under order informs the court that he or she agrees to the proposed material change, the court may approve such change without a hearing. (3) Within thirty (30) days of the expiration of an order for assisted outpatient treatment, the original petitioner may petition the court for an additional period of court-ordered assisted outpatient treatment. The procedures for the consideration of the petition shall be identical to the procedures provided in KRS 202A.0811 to 202A.0831, except that the parties may mutually agree to waive the requirement of a new hearing. The person under order shall be represented by an attorney in responding to the petition for an additional period of court-ordered assisted outpatient treatment. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 10, effective June 29, 2017.

KRS 202A.0827 Medicaid eligibility of court-ordered assisted outpatient treatment

202A.0827. Medicaid eligibility of court-ordered assisted outpatient treatment For persons who are Medicaid-eligible, assisted outpatient mental health treatment services identified under KRS 202A.0811 to 202A.0831 shall be authorized by the Department for Medicaid Services and its contractors as Medicaid-eligible services and shall be subject to the same medical necessity criteria and reimbursement methodology as for all other covered behavioral health services. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 11, effective June 29, 2017.

KRS 202A.0829 Adequate funding required for implementation of KRS 202A.0811 to 202A.0831

202A.0829. Adequate funding required for implementation of KRS 202A.0811 to 202A.0831 Implementation of KRS 202A.0811 to 202A.0831 is contingent upon adequate funding by any unit of state or local government or divisions thereof, special purpose governmental entity, or any other entity able to utilize funds for the purposes set forth in KRS 202A.0811 to 202A.0831. Funding may be provided through the appropriation of federal, state, or local resources or from donations, grants, gifts, or pledges from private resources. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 12, effective June 29, 2017.

KRS 202A.0831 Short title for KRS 202A.0811 to 202A.0831

202A.0831. Short title for KRS 202A.0811 to 202A.0831 KRS 202A.0811 to 202A.0831 may be cited as Tim's Law. Effective:June 29, 2017 History: Created 2017 Ky. Acts ch. 154, sec. 13, effective June 29, 2017.

KRS 202A.990 Repealed, 1982

202A.990. Repealed, 1982 Catchline at repeal: Penalties. History: Repealed 1982 Ky. Acts ch. 445, sec. 44, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 384, sec. 57, effective June 17, 1978. -- Created 1976 Ky. Acts ch. 332, secs. 22 and 34. Legislative Research Commission Note. This section was repealed 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 202A.991 Penalties

202A.991. Penalties (1) Any person who willfully causes or conspires with or assists another in causing: (a) The unwarranted hospitalization of any individual under the provisions of this chapter; or (b) The denial of any individual of any of the rights accorded to him under the provisions of this chapter; shall be guilty of a Class A misdemeanor. (2) Any person who violates the confidentiality of any mental health record under the provisions of this chapter shall be guilty of a Class B misdemeanor. Effective: July 1, 1982 History: Created 1982 Ky. Acts ch. 445, sec. 33, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15, 1982.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38119Fetched: 10/20/2026