KENTUCKY ALCOHOL AND SUBSTANCE USE DISORDER PREVENTION, INTERVENTION, AND TREATMENT LAW

KRS tit. XVIII, ch. 222

in effect

KRS 222.003 Scope and application of chapter

222.003. Scope and application of chapter (1) The programs or activities of the voluntary self-help organizations known as Alcoholics Anonymous, Narcotics Anonymous, Al-Anon, and similar organizations in the area of substance use disorder rehabilitation shall not be restricted or regulated by the provisions of this chapter. (2) The programs or activities of voluntary community groups and agencies, such as Students Against Drunk Driving, National Federation of Parents, Parent Resource Institute for Drug Education, and similar organizations in the area of substance use disorder prevention, shall not be restricted or regulated by the provisions of this chapter. (3) Nothing contained in this chapter shall affect any laws, administrative regulations, ordinances, resolutions, or local regulations against driving under the influence of alcohol or other drugs, or other similar offenses that involve the operation of motor vehicles, machinery, or other hazardous equipment. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 9, effective June 27, 2019. -- Created 1994 Ky. Acts ch. 334, sec. 6, effective July 15, 1994.

KRS 222.005 Definitions for chapter

222.005. Definitions for chapter As used in this chapter, unless the context otherwise requires: (1) "Administrator" means the person or the designee of the person, in charge of the operation of substance use disorder prevention, intervention, or treatment program; (2) "Agency" means a legal entity operating hospital-based or nonhospital-based substance use disorder prevention, intervention, or treatment programs; (3) "Cabinet" means the Cabinet for Health and Family Services; (4) "Director" means the director of the Division of Behavioral Health of the Department for Behavioral Health, Developmental and Intellectual Disabilities; (5) "Hospital" means an establishment with organized medical staff and permanent facilities with inpatient beds which provide medical services, including physician services and continuous nursing services for the diagnosis and treatment of patients who have a variety of medical conditions, both surgical and nonsurgical; (6)) "Intoxication" means being under the influence of alcohol or other drugs, or both, which significantly impairs a person's ability to function; (7) "Narcotic treatment program" means a substance use disorder program using approved controlled substances and offering a range of treatment procedures and services for the rehabilitation of persons dependent on opium, morphine, heroin, or any derivative or synthetic drug of that group; (8) "Other drugs" means controlled substances as defined in KRS Chapter 218A and volatile substances as defined in KRS 217.900; (9) "Patient" means any person admitted to a hospital or a licensed substance use disorder treatment program; (10) "Program" means a set of services rendered directly to the public that is organized around a common goal of either preventing, intervening, or treating substance use disorder problems; (11) "Secretary" means the secretary of the Cabinet for Health and Family Services; (12) "Substance use disorder" means a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. Criteria for substance use disorder are in the most current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; (13) "Treatment" means services and programs for the care and rehabilitation of intoxicated persons and persons suffering from substance use disorder. "Treatment" includes those services provided by the cabinet in KRS 222.211 and, in KRS 222.430 to 222.437, it specifically includes the services described in KRS 222.211(1)(c) and (d); and (14) "Qualified health professional" has the same meaning as qualified mental health professional in KRS 202A.011, except that it also includes an alcohol and drug counselor licensed or certified under KRS Chapter 309. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 10, effective June 27, 2019. -- Amended 2015 Ky. Acts ch. 29, sec. 19, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 109, effective July 12, 2012; and ch. 158, sec. 67, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 558, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 116, sec. 11, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 498, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 242, sec. 1, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 334, sec. 1, effective July 15, 1994.

KRS 222.201 Definition

222.201. Definition As used in KRS 222.202 to 222.204, 222.990(3) to (5), "public place" shall have the same meaning as it does in KRS 525.010, provided that for violations of KRS 222.202(2) the definition shall not include any public place where a license under KRS Chapter 243 to sell distilled spirits, wine or beer by the drink has been obtained. History: Created 1986 Ky. Acts ch. 336, sec. 1, effective July 1, 1986.

KRS 222.202 Offenses of alcohol intoxication or drinking alcoholic beverages in a public place

222.202. Offenses of alcohol intoxication or drinking alcoholic beverages in a public place (1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity. (2) A person is guilty of drinking alcoholic beverages in a public place when he drinks an alcoholic beverage in a public place, or in or upon any passenger coach, or other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, or waiting room. History: Created 1986 Ky. Acts ch. 336, sec. 2, effective July 1, 1986.

KRS 222.203 Arrest -- Citation -- Jail -- Bail -- Pretrial release

222.203. Arrest -- Citation -- Jail -- Bail -- Pretrial release (1) A peace officer may make an arrest for a violation of KRS 222.202. (2) Any peace officer who arrests a person for violation of KRS 222.202 shall take him to jail. A peace officer may issue a citation and may take the person to a facility authorized by county or city ordinance agreeing to care for the person. If the person is jailed, at the jail it shall be determined if the person has committed a previous offense under KRS 222.202. (3) A citation shall be issued to such person showing thereon the date of such person's appearance in court and whether the offense is prepayable or not. (4) Unless it has been determined that the defendant has had two (2) prior convictions for violation of KRS 222.202 within the previous twelve (12) months, the citation shall be marked as prepayable. (5) If it is determined that this is a third or subsequent offense, then the provisions of KRS Chapter 431 with regard to bail and pretrial release shall apply. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 229, sec. 1, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 336, sec. 4, effective July 1, 1986.

KRS 222.204 Conditions of bail -- Liability of facility releasing defendant

222.204. Conditions of bail -- Liability of facility releasing defendant (1) A person who has been arrested and placed in jail prior to trial for violation of KRS 222.202 and has not had two (2) prior convictions in the previous twelve (12) months for violation of KRS 222.202 shall be released as set forth by the Supreme Court Rule of Criminal Procedure uniform schedule of bail: (a) To an adult who is willing to accept responsibility for the defendant through a signature verification on a form determined by the Administrative Office of the Courts; (b) If he pays the requisite amount of bail on a bail schedule issued by the court; (c) At such time as he is able to safely care for himself but in no event shall he be detained for more than eight (8) hours following his arrest; (d) If he is ordered released by a court of competent jurisdiction; or (e) Unless such person's release is precluded by other provisions of law. (2) The jail or facility authorized by county or city ordinance agreeing to care for the person releasing the defendant shall be considered as acting in good faith and shall not be liable for subsequent acts of the defendant upon release. Effective: July 13, 1990 History: Amended 1990 Ky. Acts ch. 229, sec. 2, effective July 13, 1990. -- Created 1986 Ky. Acts ch. 336, sec. 5, effective July 1, 1986.

KRS 222.211 Cabinet's functions as to nicotine dependence and substance use disorder - - Authority for administrative regulations -- Required services

222.211. Cabinet's functions as to nicotine dependence and substance use disorder - - Authority for administrative regulations -- Required services (1) The cabinet shall, in conjunction with the Office of Drug Control Policy and KY- ASAP and in furtherance of the strategic plan developed in KRS 15A.342, coordinate matters affecting nicotine dependence and substance use disorder in the Commonwealth and shall assure that there is the provision of prevention, intervention, and treatment services for individuals under age eighteen (18) years and adults to address the problems of nicotine dependence and substance use disorder within individuals, families, and communities; that the coordination of these matters shall be done in cooperation with public and private agencies, business, and industry; and that technical assistance, training, and consultation services shall be provided within budgetary limitations when required. The cabinet may promulgate administrative regulations under KRS Chapter 13A to carry out its powers and duties under this chapter. The cabinet shall utilize community mental health centers and existing facilities and services within the private sector when possible. The cabinet shall be responsible for assuring that the following services are available: (a) Primary prevention services directed to the general population and identified target groups for the purposes of avoiding the onset of nicotine dependence and substance use disorder related problems and enhancing the general level of health of the target groups. The purpose of the services shall be to provide individuals with the information and skills necessary to make healthy decisions regarding the use or nonuse of tobacco and nicotine products, alcohol, and other drugs as well as to influence environmental factors, such as social policies and norms which will support healthy lifestyle; (b) Intervention services for the purpose of identifying, motivating, and referring individuals in need of nicotine dependence and substance use disorder education or treatment services. Services may be provided in settings such as industry and business, schools, health, and social service agencies; (c) Withdrawal management services on a twenty-four (24) hour basis in or near population centers which meet the immediate medical and physical needs of persons intoxicated from the use of alcohol or drugs, or both, including necessary diagnostic and referral services. The services shall be provided in either a hospital or a licensed substance use disorder program; (d) Substance use disorder treatment services offered on an inpatient or outpatient basis for the purposes of treating an individual's substance use disorder. The services shall be provided in a licensed substance use disorder program; (e) Therapeutic services to family members and significant others of individuals with a substance use disorder for the purpose of reducing or eliminating dysfunctional behavior that may occur within individuals who are emotionally, socially, and sometimes physically dependent on an individual with a substance use disorder. The services shall be offered primarily on an outpatient basis; (f) Inpatient psychiatric services for those individuals with a substance use disorder whose diagnosis reflects both serious mental illness as well as a substance use disorder; (g) Training programs for personnel working in the field of prevention, intervention, and treatment of nicotine dependence and substance use disorders; and (h) Driving under the influence services to include assessment, education, and treatment for persons convicted of operating a motor vehicle, while under the influence of alcohol or other substance which may impair driving ability, pursuant to KRS Chapter 189A. (2) The cabinet shall comply with all policy recommendations of the Office of Drug Control Policy and KY-ASAP, and shall honor requests for information from the Office of Drug Control Policy created under KRS 15A.020. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 11, effective June 27, 2019. -- Amended 2007 Ky. Acts ch. 85, sec. 256, effective June 26, 2007. -- Amended 2000 Ky. Acts ch. 536, sec. 30, effective July 14, 2000. -- Created 1994 Ky. Acts ch. 334, sec. 2, effective July 15, 1994.

KRS 222.215 Purpose -- Administrative regulations to implement employer-facilitated substance use disorder treatment program -- Duties of cabinet and Office of Drug Control Policy -- Eligibility to participate in program -- Employer’s permitted activities -- Effect of employer’s compliance with program requirements -- No private right of action granted -- Affirmative defense

222.215. Purpose -- Administrative regulations to implement employer-facilitated substance use disorder treatment program -- Duties of cabinet and Office of Drug Control Policy -- Eligibility to participate in program -- Employer’s permitted activities -- Effect of employer’s compliance with program requirements -- No private right of action granted -- Affirmative defense (1) For the purposes of this section only: (a) "Employee" means a person who has failed a drug screen related to employment; and (b) "Employer" means an employer who elects to employ a person who has failed a drug screen related to employment. (2) The purpose of this section is to foster economic opportunities for individuals with histories of substance use disorder and to encourage employer participation in substance use disorder treatment programs. (3) The Cabinet for Health and Family Services shall, in conjunction with the Office of Drug Control Policy, promulgate any administrative regulations necessary to implement an employer-facilitated substance use disorder treatment program for employees who have failed an employment-related drug screen. The administrative regulations, at a minimum, shall include provisions: (a) Enumerating elements necessary in an employer's drug policy if the employer elects to participate in an employer-facilitated substance use disorder treatment program; (b) Mandating an initial clinical assessment of the employee by a qualified health professional and creation of a written treatment plan; (c) Containing referral information for clinical assessments of employees, education, and treatment options; (d) Requiring the employee provide its employer with proof of the employee's active participation in a licensed drug education and substance use disorder treatment program and demonstrated successful compliance with the recommendations of the initial clinical assessment; and (e) Establishing follow-up drug testing for the employee. (4) The Cabinet for Health and Family Services in conjunction with the Office of Drug Control Policy shall: (a) Promote voluntary participation for all employers regardless of the number of employees; and (b) Develop and deliver resources and training for employers including the following information: 1. The definition of substance use disorder as defined in the current edition of the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders; 2. Signs and symptoms of a substance use disorder; 3. A list of licensed treatment options for substance use disorder; 4. Information about acceptable use of treatment records covered by the federal Health Insurance Portability and Accountability Act; 5. Information about substance use disorder treatment, return to use, and supportive work environments for treatment and recovery; and 6. A list of qualified health professionals that an employer may use to provide onsite drug abuse prevention education and substance use disorder treatment services for employees. (5) To participate in a treatment program the employee shall: (a) Provide the employer with a signed consent authorizing the employer to provide and receive documentation confirming the employee's participation and completion of substance use treatment services; (b) Comply with the employer's drug policy; and (c) Comply with the administrative regulations promulgated by the Cabinet for Health and Family Services in conjunction with the Office of Drug Control Policy. (6) To participate in the program an employer shall: (a) Develop and distribute to persons it employs a written drug policy, procedure, or protocol including, without limit, a test or series of tests to objectively measure substances that can create substance use disorders, that is in compliance with state and federal law; (b) Require an employee to participate in recommended drug education and licensed substance use disorder treatment services as a condition of employment; (c) Have the right to discipline or terminate an employee who does not comply with the agreed treatment services or the employer's drug policy; (d) Comply with the administrative regulations promulgated by the Cabinet for Health and Family Services, and the Office of Drug Control Policy; and (e) Secure all records and information concerning an employee's drug test results, treatment assessments, and treatment reports in a confidential manner and shall maintain this information separately from the employee's personnel file. The employer shall share this information: 1. a. Internally only with those in the employee's chain-of-authority who need the information to perform responsibilities related to supervision or support of the employee; and b. Externally only when the employee has provided specific written authorization to disclose specific facts to specific parties for a specific purpose; or 2. As ordered by the court. (7) An employer may: (a) Pay for all or part of the employee's substance use disorder education and treatment services; and (b) Accept a voluntary wage assignment from the employee to pay for part of the employee's substance use disorder treatment. The wage assignment shall not reduce the employee's remaining net compensation below the federal minimum wage during any pay period. (8) If an employer complies with the requirements of this section: (a) The employer shall not be liable for a civil action alleging negligent hiring, negligent retention, or negligent supervision for a negligent act by the employee as a result of the employee's substance use disorder unless it can be shown that the employer violated subsection (6) of this section, or knew or should have known that the employee had a recurrence of his or her substance use disorder and was acting under the influence of the substance at the time of the alleged negligent act; (b) The employer's participation or nonparticipation in a drug education and substance use disorder treatment program shall not be admissible as evidence in an action against the employer, the employer's agent, or the employer's employee except that it may be admitted as evidence of the participating employer's liability limitation, mitigation of damages, or as evidence of a participating employer's noncompliance with subsection (6) of this section; and (c) Referral and treatment for drug education and substance use disorder treatment by the employer shall not be sufficient to constitute compliance with this section unless the employee has complied with all other requirements of this statute and associated administrative regulations. (9) This section shall not form the basis of any individual private right of action and subsection (8)(a) of this section shall operate as an affirmative defense for which an employer bears the burden of proving compliance. However, nothing in this section shall bar a plaintiff from commencing a cause of action for any common law claim for any injury to person or property or for wrongful death in any civil action alleging negligent hiring, negligent retention, or negligent supervision, against an employer. Effective: July 15, 2020 History: Created 2020 Ky. Acts ch. 99, sec. 1, effective July 15, 2020.

KRS 222.221 Administrative powers of cabinet

222.221. Administrative powers of cabinet The cabinet may: (1) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including but not limited to contracts with government departments, public and private agencies and facilities, physicians, and other persons rendering services to individuals with a substance use disorder. All rates shall be established in accordance with administrative regulations promulgated by the cabinet under KRS Chapter 13A. Income and resources of individuals with a substance use disorder to pay for services shall be taken into consideration to the fullest extent possible, and the cabinet shall be subrogated to any public or private third-party payments which may be due; (2) Establish and operate facilities if adequate public and private resources are not available; (3) Solicit and accept for use in relation to the purposes of this chapter any gift or bequest of money or property and any grant or loans of money, services, or property from the federal government, the Commonwealth or any political subdivision thereof. Any money received under this paragraph shall be deposited in the State Treasury to be kept in a separate fund which is hereby created, for expenditure by the cabinet in accordance with the conditions of the gift, bequest, loan, or grant without specific appropriations; and (4) Promulgate administrative regulations pursuant to KRS Chapter 13A setting standards for the admission of patients to its facilities and set fees for treatment. Except as otherwise provided by law, all provisions of KRS Chapter 210 relating to charges and collection for treatment of individuals with a mental illness shall apply to fees and collection of fees for treatment of individuals with a substance use disorder. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 12, effective June 27, 2019. -- Created 1994 Ky. Acts ch. 334, sec. 3, effective July 15, 1994.

KRS 222.231 Licensing of treatment programs -- Administrative regulations regarding standards -- Revocation or suspension -- Emergency order -- Inspection by cabinet

222.231. Licensing of treatment programs -- Administrative regulations regarding standards -- Revocation or suspension -- Emergency order -- Inspection by cabinet (1) The cabinet shall issue for a term of one (1) year, and may renew for like terms, a license, subject to revocation by it for cause, to any persons, other than a substance use disorder program that has been issued a license by the cabinet entitled "Chemical Dependency Treatment Services" pursuant to KRS 216B.042 or a department, agency, or institution of the federal government, deemed by it to be responsible and suitable to establish and maintain a program and to meet applicable licensure standards and requirements. (2) The cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A establishing requirements and standards for licensing agencies and approving programs. The requirements and standards shall include: (a) The health and safety standards to be met by a facility housing a program; (b) Patient care standards and minimum operating, training, and maintenance of patient records standards; (c) Licensing fees, application, renewal and revocation procedures, and the procedures for evaluation of the substance use disorder programs; and (d) Classification of substance use disorder programs according to type, range of services, and level of care provided. (3) The cabinet may establish different requirements and standards for different kinds of programs, and may impose stricter requirements and standards in contracts with agencies made pursuant to KRS 222.221. (4) Each agency shall be individually licensed or approved. (5) Each agency shall file with the cabinet from time to time, the data, statistics, schedules, or information the cabinet may reasonably require for the purposes of this section. (6) (a) The cabinet shall have authority to deny, revoke, or modify a license in any case in which it finds that there has been a substantial failure to comply with the provisions of this chapter or the administrative regulations promulgated thereunder. The denial, revocation, or modification shall be effected by providing to the applicant or licensee, by certified mail or other method of delivery, which may include electronic service, a notice setting forth the particular reasons for the action. The denial, revocation, or modification shall become final and conclusive thirty (30) days after notice is given, unless the applicant or licensee, within this thirty (30) day period, files a request in writing for a hearing before the cabinet. (b) If the cabinet has probable cause to believe that there is an immediate threat to public health, safety, or welfare, the cabinet may issue an emergency order to suspend the license. The emergency order to suspend the license shall be provided to the licensee, by certified mail or other method delivery, which may include electronic service, a notice setting forth the particular reasons for the action. (7) Any person required to comply with an emergency order issued under subsection (6) of this section may request an emergency hearing within five (5) calendar days of receipt of the notice to determine the propriety of the order. The cabinet shall conduct an emergency hearing within ten (10) working days of the request for a hearing. Within five (5) working days of completion of the hearing, the cabinet's hearing officer shall render a written decision affirming, modifying, or revoking the emergency order. The emergency order shall be affirmed if there is substantial evidence of a violation of law that constitutes an immediate danger to public health, safety, or welfare. The decision rendered by the hearing officer shall be a final order of the cabinet on the matter, and any party aggrieved by the decision may appeal to the Franklin Circuit Court. (8) If the cabinet issues an emergency order, the cabinet shall take action to revoke the facility's license if: (a) The facility fails to submit a written request for an emergency hearing within five (5) calendar days of receipt of the notice; or (b) The decision rendered under subsection (7) of this section affirms that there is substantial evidence of an immediate danger to public health, safety, or welfare. (9) (a) The cabinet, after holding a hearing conducted by a hearing officer appointed by the secretary and conducted in accordance with KRS Chapter 13B, may refuse to grant, suspend, revoke, limit, or restrict the applicability of or refuse to renew any agency license or approval of programs for any failure to meet the requirements of its administrative regulations or standards concerning a licensed agency and its program. (b) Within five (5) working days of completion of a hearing on an emergency suspension or within thirty (30) calendar days from the conclusion of a hearing on the denial, revocation or modification of a license, the findings and recommendations of the hearing officer shall be transmitted to the cabinet, with a synopsis of the evidence contained in the record and a statement of the basis of the hearing officer's findings. (c) A petition for judicial review shall be made to the Franklin Circuit Court in accordance with KRS Chapter 13B. (10) No person, excepting a substance use disorder program that has been issued a license by the cabinet entitled "Chemical Dependency Treatment Services" pursuant to KRS 216B.042 or a department, agency, or institution of the federal government, shall operate a program without a license pursuant to this section. (11) Each program operated by a licensed agency shall be subject to visitation and inspection by the cabinet and the cabinet shall inspect each agency prior to granting a license. The cabinet shall inspect each nonaccredited agency at least annually thereafter. If an agency is fully accredited by the Joint Commission, Commission on Accreditation of Rehabilitation Facilities, Council on Accreditation, or other nationally recognized accrediting organization with comparable standards, the cabinet shall inspect the agency at least every two (2) years. The cabinet may examine the books and accounts of any program if it deems the examination necessary for the purposes of this section. (12) The director may require agencies that contract with the Commonwealth pursuant to KRS 222.221 to admit as an inpatient or outpatient any person to be afforded treatment pursuant to this chapter, subject to service and bed availability and medical necessity. (13) The cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A governing the extent to which programs may be required to treat any person on an inpatient or outpatient basis pursuant to this chapter, except that no licensed hospital with an emergency service shall refuse any person suffering from acute alcohol or other drug intoxication or severe withdrawal syndrome from emergency medical care. (14) All narcotic treatment programs shall be licensed under this section prior to operation. Licensed narcotic treatment programs shall have the authority to use buprenorphine products that are approved by the United States Food and Drug Administration for the treatment of substance use disorder. The cabinet shall promulgate administrative regulations pursuant to KRS Chapter 13A to establish additional standards of operation for narcotic treatment programs. The administrative regulations shall include minimum requirements in the following areas: (a) Compliance with relevant local ordinances and zoning requirements; (b) Submission of a plan of operation; (c) Criminal records checks for employees of the narcotic treatment program; (d) Conditions under which clients are permitted to take home doses of medications; (e) Drug screening requirements; (f) Quality assurance procedures; (g) Program director requirements; (h) Qualifications for the medical director for a narcotic treatment program, who at a minimum shall: 1. Be a board-eligible psychiatrist licensed to practice in Kentucky and have three (3) years' documented experience in the provision of services to individuals with a substance use disorder; or 2. Be a physician licensed to practice in Kentucky and be board certified as an addiction medicine specialist; (i) Security and control of narcotics and medications; (j) Program admissions standards; (k) Treatment protocols; (l) Treatment compliance requirements for program clients; (m) Rights of clients; (n) Monitoring of narcotic treatment programs by the cabinet; and (o) Process and procedures for how a narcotic treatment program uses buprenorphine products for the treatment of substance use disorder. Effective:April 20, 2022 History: Amended 2022 Ky. Acts ch. 223, sec. 18, effective April 20, 2022. -- Amended 2020 Ky. Acts ch. 36, sec. 38, effective July 15, 2020. -- Amended 2019 Ky. Acts ch. 128, sec. 13, effective June 27, 2019. -- Amended 2012 Ky. Acts ch. 146, sec. 110, effective July 12, 2012. -- Amended 2004 Ky. Acts ch. 116, sec. 12, effective July 13, 2004. -- Amended 1996 Ky. Acts ch. 242, sec. 2, effective July 15, 1996; and ch. 318, sec. 135, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 334, sec. 4, effective July 15, 1994.

KRS 222.233 Administrative regulations regarding peer support specialists, counselors, case managers, and community support associates -- Prohibition of psychoeducational services

222.233. Administrative regulations regarding peer support specialists, counselors, case managers, and community support associates -- Prohibition of psychoeducational services The Cabinet for Health and Family Services shall promulgate administrativ e regulations in accordance with KRS Chapter 13A to: (1) Require that: (a) Until January 1, 2027, licensed alcohol and other drug treatment entities, behavioral health service organizations, behavioral health multi -specialty groups, and any entities that bill for peer support services that employ an alcohol and drug peer support specialist only employ an alcohol and drug peer support specialist who is either registered under KRS 309.0831 or meets the requirements of applicable administrative regulations in effect on or after July 15, 2024; and (b) Beginning January 1, 2027, licensed alcohol and other drug treatment entities, behavioral health service organizations, behavioral health multi -specialty groups, and any entities that bill for peer support services that employ an alcohol and drug peer support specialist only employ an alcohol and drug peer support specialist who is registered under KRS 309.0831; (2) Require that a licensed alcohol and drug counselor or a licensed clinical alcohol or drug counselor be a reimbursable service provider in alcohol and other drug treatment entities and behavioral health service organizations; (3) Permit the qualifications for a case manager for an individual with mental or substance use disorder to be a bachelor's degree o r higher in any field of study and set forth training and supervision requirements to substitute for required work experience; (4) Require a community support associate approved by the Department for Behavioral Health, Developmental and Intellectual Disabi lities to be a reimbursable service provider in licensed alcohol and other drug treatment entities and behavioral health service organizations; (5) Permit peer support specialists to provide services to groups of the same size as other licensed clinical professionals in a licensed alcohol and other drug treatment entities and behavioral health service organizations; and (6) Prohibit alcohol and drug peer support specialists employed by behavioral health service organizations, behavioral health multi -specialty groups, or entities that bill for peer support services from providing psychoeducational services in individual or group settings. Effective: April 10, 2026 History: Amended 2026 Ky. Acts ch. 80, sec. 1, effective April 10, 2026. -- Created 2024 Ky. Acts ch. 89, sec. 11, effective July 15, 2024.

KRS 222.271 Confidential record of treatment -- Rights of patient

222.271. Confidential record of treatment -- Rights of patient (1) The administrator of each program shall keep a record of the treatment afforded each substance use disorder patient, which shall be confidential in accordance with administrative regulations promulgated by the cabinet. (2) Any patient may have a physician retained by him examine him, consult privately with his attorney, receive visitors, and send and receive communications by mail, telephone, and telegraph. The communications shall not be censored or read without consent of the patient. The right of the administrator, subject to administrative regulations of the cabinet, to prescribe reasonable rules governing visitation rights, use of the mail, and telephone and telegraph facilities shall not be limited. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 14, effective June 27, 2019. -- Created 1994 Ky. Acts ch. 334, sec. 5, effective July 15, 1994.

KRS 222.280 Accessibility of records to federal agencies

222.280. Accessibility of records to federal agencies The Secretary of the United States Department of Health and Human Services shall be afforded reasonable access to any reports or records kept by the cabinet pursuant to and in accordance with the provisions of this chapter. The comptroller general of the United States or his duly authorized representatives shall have access for the purpose of audit and examination to the same reports or records. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 334, sec. 11, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (9). -- Created 1972 Ky. Acts ch. 266, sec. 12.

KRS 222.311 Hospitals not to deny treatment on grounds of substance use disorder -- Length of treatment

222.311. Hospitals not to deny treatment on grounds of substance use disorder -- Length of treatment (1) No hospital shall deny treatment to a person solely because of his or her substance use disorder. (2) Any intoxicated person admitted to a licensed substance use disorder program or a hospital licensed to provide chemical dependency treatment or detoxification services, shall receive treatment at the program or hospital for as long as the person wishes to remain, or until benefits expire, or the administrator determines that treatment will no longer benefit the person. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 15, effective June 27, 2019. -- Amended 2004 Ky. Acts ch. 116, sec. 13, effective July 13, 2004. -- Created 1994 Ky. Acts ch. 334, sec. 7, effective July 15, 1994.

KRS 222.421 Treatment for substance use disorder on request -- Priority access to licensed treatment services -- Statistical report

222.421. Treatment for substance use disorder on request -- Priority access to licensed treatment services -- Statistical report (1) Any person may request treatment from a physician or substance use disorder program licensed or approved by the cabinet to provide substance use disorder treatment services. Persons infected with HIV, hepatitis B, or hepatitis C shall have priority access to any licensed treatment services. (2) Every substance use disorder program that provides intervention or treatment services to a person with a substance use disorder or prevention programming to any persons in the community shall, upon request of the cabinet, make a statistical report to the secretary, in a form and manner the secretary shall prescribe, of persons provided prevention, intervention, and treatment services during a specified period of time. The name or address of any person to whom prevention, intervention, or treatment services were provided shall not be reported. The secretary shall provide compilations of the statistical information to other appropriate agencies upon request. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 16, effective June 27, 2019. -- Amended 2004 Ky. Acts ch. 116, sec. 14, effective July 13, 2004. -- Amended 2000 Ky. Acts ch. 432, sec. 9, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 426, sec. 501, effective July 15, 1998. -- Created 1994 Ky. Acts ch. 334, sec. 8, effective July 15, 1994.

KRS 222.422 Treating facility to submit discharge plan describing arrangements for additional services

222.422. Treating facility to submit discharge plan describing arrangements for additional services (1) As used in this section, "third-party payor" means any person required to comply with KRS 304.17A-611(2) or 205.536(3). (2) Prior to the discharge of a patient that has received medication for addiction- treatment, the treating facility shall submit a written discharge plan to the patient, and the patient's third-party payor, if any, which shall describe arrangements for additional services needed following discharge. Effective: June 29, 2021 History: Created 2021 Ky. Acts ch. 201, sec. 5, effective June 29, 2021.

KRS 222.423 Transportation of residents who leave substance use disorder program or recovery residence -- Procedures -- Exemption

222.423. Transportation of residents who leave substance use disorder program or recovery residence -- Procedures -- Exemption (1) Except where prohibited by federal law, any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, or a recovery residence as defined in KRS 222.500, shall, for any resident who wishes to leave the treatment program, either : (a) Obtain agreement from the resident's family member, guardian, or emergency contact to personally transport the resident within twenty -four (24) hours; or (b) Make available transportation services. (2) Transportation services may include providing th e resident access to: (a) A ride-sharing service and purchasing a one (1) way service to: 1. A specific address in the resident's hometown of record; or 2. The city hall in the resident's hometown of record; (b) Public transportation, including but not limited to transporting the resident to the nearest commercial bus station and purchasing a ticket to the resident's hometown of record; or (c) Other transportation to a safe place as determined by the facility to be therapeutically appropriate. (3) The facilities described in subsection (1) of this section and law enforcement officers shall only transport residents leaving the facility to public transportation locations, the location to meet the driver of a ride -sharing service, or other safe place as determined by the facility to be therapeutically appropriate. (4) (a) If a resident required by court order to attend a treatment facility described in subsection (1) of this section leaves the facility prior to court approval or prior to completing the conditions of the court order, the treatment facility shall notify the court, Commonwealth's or county attorney, local law enforcement, and emergency contact or court-designated individual of the resident's exit if permitted by: 1. The Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; 2. 42 C.F.R. pt. 2; and 3. Other applicable state and federal patient privacy laws. (b) A probation officer or peace officer, acting on information provided by a treatment facility under paragraph (a) of this subsection, who observes the resident violate the terms of his or her probation, conditional discharge, or release, or violate the terms of any court order may arrest the resident without a warrant and incarcerate the resident until the judge who made the initial court order holds a hearing on the resident's violation of that court order. (5) Any substance use disorder program that is authorized or regulated under this chapter or that holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, or a recovery residence as defined in KRS 222.500, shall provide full disclosure of t he specific services provided by the substance use disorder program to any potential patients and in any advertisements or other solicitations. (6) A facility that does not hold a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, is not a substance use disorder program that is authorized or regulated under this chapter, and is not a recovery residence as defined in KRS 222.500 shall be exempt from this section. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 68, sec. 1, effective July 15, 2024.

KRS 222.425 Substance use disorder program and recovery residences not to enroll out- of-state residents in Medicaid -- Penalties -- Reimbursement -- Enforcement

222.425. Substance use disorder program and recovery residences not to enroll out- of-state residents in Medicaid -- Penalties -- Reimbursement -- Enforcement (1) To the extent allowed by federal law, any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, or a recovery residence as defined in KRS 222.500, shall: (a) Not knowingly recruit into their facility any out-of-state resident: 1. If the out-of-state resident is enrolled in Medicaid; or 2. With the purpose of enrolling the out -of-state resident in Medicaid in this state; and (b) Submit to the Department for Medicaid Services a recipient's proof of Kentucky residency when submitting an initial request for Medicaid reimbursement if the facility is aware that the recipient resided in another state within the past month. (2) Any substance use disorder program that is authorized or regulated under th is chapter or holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042, or a recovery residence as defined in KRS 222.500, that violates subsection (1)(a) of this section shall be fined: (a) Twenty thousand dollars ($20,000) for each offense; and (b) Not less than five hundred dollars ($500) for each day an out -of-state resident received Medicaid services in Kentucky. (3) To the extent allowed by federal law, any out -of-state resident found to be ineligible for Medicaid services in Kentucky as a result of failure to establish Kentucky as his or her residency shall reimburse the Department for Medicaid Services any fees paid by Medicaid on his or her behalf. (4) All enforcement actions for fines assessed under this section shall be brought on behalf of the Commonwealth by the Office of the Attorney General, and shall be filed in the county where the violation occurred or in F ranklin Circuit Court. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 68, sec. 2, effective July 15, 2024.

KRS 222.427 Definitions -- Cabinet to publish list of qualified treatment programs in state -- Prioritization in criminal cases -- Administrative regulations

222.427. Definitions -- Cabinet to publish list of qualified treatment programs in state -- Prioritization in criminal cases -- Administrative regulations (1) As used in this section: (a) "Department" means the Department of Public Advocacy; (b) "Qualified treatment program" means a treatment program that shall: 1. Meet, at a minimum, one (1) the following requirements: a. Meet licensure requirements and standards established by the Cabinet for Health and Family Services under KRS Chapter 222; b. Be certified by a state affiliate of the National Alliance of Recovery Residences as a level III or IV Recovery Residence; c. Be designated by the Kentucky Housing Corporation as a Recovery Kentucky Center; d. Meet alternative and relevant licensure or certifi cation criteria recognized by the cabinet or a federal agency; or e. Be accredited by at least one (1) of the following: i. American Society of Addiction Medicine (ASAM); ii. Joint Commission on Accreditation of Healthcare Organizations; iii. Commission on Accreditation of Rehabilitation Facilities (CARF); iv. The Council on Accreditation; or v. Other accreditations, certifications, or standards recognized by the Cabinet for Health and Family Services; 2. If providing medical or clinical behavioral health services, be enrolled as a Medicaid-approved provider or enrolled with a private insurer and be eligible to bill and receive reimbursement for behavioral health services; 3. Have at least two (2) years of experience as an agency administering evidence-based substance use disorder treatment services and recovery support services; and 4. Provide or have a protocol to refer clients to agencies or prescribers that provide medications for opioid use disorder, including but not limited to methadone, buprenorphine, or naltrexone; and (c) "Treatment program" means any substance use program licensed, regulated, or defined in KRS Chapter 222 and a substance use disorder program that holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordance with KRS 216B.042. (2) The cabinet shall publish a list on the cabinet's website of all qualified treatment programs in the state and shall provide the list to the department and to the Administrative Office of the Courts. (3) Any employee of the Commonwealth who makes a recommendation to a court in a criminal case for an alternative sentence that includes services to address an individual's substance use disorder shall be required to prioritize referrals to a qualified treatment program by the cabinet. If the employee recommends probation, conditional discharge, or an alternative sentence that includes services that are to be provided by a facility or provider that is not a qualified treatment program, the employee shall inform the court in writing or on the record of the alternative sentencing plan and the reason for not including services provided by a qualified treatment program. (4) By January 1, 2025, the cabinet shall promulgate regulations in accordance with KRS Chapter 13A to require a treatment program or a premise, place, or building that holds itself out as a treatment program for recovery from the use of intoxicating substances to clearly and conspicuously provide full disclosure of the specific services provided by the treatment program to any potential residents and in any advertisements or other solicitations. The disclosure shall clearly and conspicuously include the level of care provided by the treatment program regarding the following: (a) Provision of room and board; (b) Level of medical services; (c) Level of clinical services; (d) Staffing; and (e) Accreditation. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 68, sec. 3, effective July 15, 2024.

KRS 222.429 Prohibition against solicitation or receipt of remuneration for referrals to treatment programs -- Penalties

222.429. Prohibition against solicitation or receipt of remuneration for referrals to treatment programs -- Penalties (1) A person or provider shall not: (a) Knowingly and willfully solicit or receive any remuneration, including but not limited to kickbacks, bribes, or rebates, either directly or indirectly, overtly or covertly, in cash or in kind, or in return for referring a resident to a treatment program as defined in KRS 222.427; or (b) Pay or offer any remuneration, including but not limited to kickbacks, bribes, or rebates directly or indirectly, overtly or covertly, in cash or in kind: 1. To induce a referral of an individual to a treatment program; or 2. In exchange for an individual using the services of that treatment program. (2) Any conduct or activity that is protected under the provisions of 18 U.S.C. sec. 220(b), as amended, or federal regulations promulgated under that section, shall not be deemed to violate this section and the conduct or activity shall be afforded the same protections allowed under federal law and regulation. (3) Any conduct by any individual or provider which violates 18 U.S.C. sec. 220(b), as amended, shall be deemed to violate this section. (4) Any person who violates the provisions of this section shall be guilty o f a Class A misdemeanor for each offense unless the aggregation of value of the benefit received is valued at one thousand dollars ($1,000) or more, in which case it shall be a Class D felony. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 68, sec. 4, effective July 15, 2024.

KRS 222.430 Involuntary treatment for substance use disorder -- Rights of patient

222.430. Involuntary treatment for substance use disorder -- Rights of patient (1) Involuntary treatment ordered for a person suffering from substance use disorder shall follow the procedures set forth in KRS 222.430 to 222.437. (2) Except as otherwise provided for in KRS 222.430 to 222.437, all rights guaranteed by KRS Chapters 202A and 210 to involuntarily hospitalized mentally ill persons shall be guaranteed to a person ordered to undergo treatment for substance use disorder. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 17, effective June 27, 2019. -- Amended 2004 Ky. Acts ch. 116, sec. 1, effective July 13, 2004. -- Amended 1994 Ky. Acts ch. 334, sec. 17, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 141, sec. 40, effective July 1, 1982. -- Amended 1976 Ky. Acts ch. 332, sec. 29. -- Created 1972 Ky. Acts ch. 166, sec. 6. Note: 1980 Ky. Acts ch. 396, sec. 41 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 222.431 Criteria for involuntary treatment

222.431. Criteria for involuntary treatment No person suffering from substance use disorder shall be ordered to undergo treatment unless that person: (1) Suffers from substance use disorder; (2) Presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a substantial likelihood of such a threat in the near future; and (3) Can reasonably benefit from treatment. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 18, effective June 27, 2019. -- Created 2004 Ky. Acts ch. 116, sec. 2, effective July 13, 2004.

KRS 222.432 Petition for 60-day and 360-day involuntary treatment -- Contents -- Guarantee for costs

222.432. Petition for 60-day and 360-day involuntary treatment -- Contents -- Guarantee for costs (1) Proceedings for sixty (60) days or three hundred sixty (360) days of treatment for an individual suffering from substance use disorder 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 spouse, relative, friend, or guardian of the individual concerning whom the petition is filed. (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; and (f) Petitioner's belief, including the factual basis therefor, that the respondent is suffering from an alcohol and other drug abuse disorder and presents a danger or threat of danger to self, family, or others if not treated for substance use disorder. Any petition filed pursuant to this subsection shall be accompanied by a guarantee, signed by the petitioner or other person authorized under subsection (3) of this section, obligating that person to pay all costs for treatment of the respondent for substance use disorder that is ordered by the court. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 19, effective June 27, 2019. -- Created 2004 Ky. Acts ch. 116, sec. 3, effective July 13, 2004.

KRS 222.433 Proceedings for ordering treatment -- Duties of court -- Disposition

222.433. Proceedings for ordering treatment -- Duties of court -- Disposition (1) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. (2) 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 ordered to undergo treatment, then the court shall: (a) Set a date for a hearing within fourteen (14) days to de termine if the respondent should be ordered to undergo treatment for a substance use disorder; (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 hearing; and the name, address, and telephone number of the attorney appointed to represent the respondent; and (c) Cause the respondent to be examined no later than twenty -four (24) hours before the hearing date by two (2) qualified health professionals, at least one (1) of whom is a physician. The qualified health professionals: 1. Shall certify their findings to the court within twenty -four (24) hours of the examinations; 2. May be subject to subpoena for cross-examination at the hearing, either in person, by telephone, or by videoconference; and 3. May conduct the examination required by this paragraph via telehealth as defined in KRS 211.332. (3) If, upon completion of the hearing, the court finds by proof beyond a reasonable doubt that the respondent should be ordered to undergo treatment, then the court shall order such treatment 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 or otherwise agreed to at the hearing. Failure of a respondent to undergo treatment ordered pursuant to this subsection may place the respondent in contempt of court. (4) If, at any time after the petition is filed, the court finds that there is no probable cause to continue treatment or if the petitioner withdraws the petition, then the proceedings against the respondent shall be dismissed. Effective: June 29, 2023 History: Amended 2023 Ky. Acts ch. 181, sec. 2, effective June 29, 2023. -- Amended 2022 Ky. Acts ch. 81, sec. 1, effective April 4, 2022. -- Amended 2019 Ky. Acts ch. 128, sec. 20, effective June 27, 2019. -- Created 2004 Ky. Acts ch. 116, sec. 4, effective July 13, 2004.

KRS 222.434 Seventy-two-hour emergency involuntary treatment

222.434. Seventy-two-hour emergency involuntary treatment (1) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in KRS 222.431, the court may order the person hospitalized for a period not to exceed seventy-two (72) hours if the court finds, by clear and convincing evidence, that the respondent presents an imminent threat of danger to self, family, or others as a result of a substance use disorder. (2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours of admittance. (3) No respondent ordered hospitalized under this section shall be held in jail pending transportation to the hospital or evaluation unless the court has previously found the respondent to be in contempt of court for either failure to undergo treatment or failure to appear at the evaluation ordered pursuant to KRS 222.433. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 21, effective June 27, 2019. -- Created 2004 Ky. Acts ch. 116, sec. 5, effective July 13, 2004.

KRS 222.435 Failure to attend examination -- Summons -- Transportation to hospital or psychiatric facility

222.435. Failure to attend examination -- Summons -- Transportation to hospital or psychiatric facility When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an examination scheduled before the hearing provided for in KRS 222.433 then the court shall, issue a summons. A summons so issued shall be directed to the respondent and shall command the respondent to appear at a time and place therein specified. If a respondent who has been summoned fails to appear at the hospital or the examination, then the court may order the sheriff or other peace officer to transport the respondent to a hospital or psychiatric facility designated by the cabinet for treatment under KRS 210.485. 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 respondent to the hospital. The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be included in the costs of treatment for a substance use disorder to be paid by the petitioner. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 22, effective June 27, 2019. -- Created 2004 Ky. Acts ch. 116, sec. 6, effective July 13, 2004.

KRS 222.436 Application of KRS Chapter 202A

222.436. Application of KRS Chapter 202A The definitions in KRS 202A.011 and the procedures in KRS Chapter 202A apply to KRS 222.430 to 222.437 except where terms or procedures used therein are defined in KRS 222.005 or are otherwise provided for in KRS 222.430 to 222.437, respectively. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 116, sec. 7, effective July 13, 2004.

KRS 222.437 Short title for KRS 222.430 to 222.437

222.437. Short title for KRS 222.430 to 222.437 KRS 222.430 to 222.437 may be cited as the Matthew Casey Wethington Act for Substance Abuse Intervention. Effective: July 13, 2004 History: Created 2004 Ky. Acts ch. 116, sec. 8, effective July 13, 2004.

KRS 222.441 Capacity of minor to consent to treatment -- Petition to District Court by minor hospitalized or treated involuntarily

222.441. Capacity of minor to consent to treatment -- Petition to District Court by minor hospitalized or treated involuntarily (1) Notwithstanding any other law, a minor who suffers from a substance use disorder or emotional disturbance from the effects of a family member or legal guardian's substance use disorder or the parent or guardian of the minor may give consent to the furnishing of medical care or counseling related to the assessment or treatment of the conditions. The consent of the minor shall be valid as if the minor had achieved majority. No person or facility shall incur liability by reason of having made a diagnostic examination or rendered treatment as provided in this section, but the immunity shall not apply to any negligent acts or omissions. (2) A minor hospitalized or treated without the minor's consent but with the consent of the parent or guardian may petition the District Court to determine whether the minor is suffering from a substance use disorder and whether the treatment is necessary for the health and welfare of the minor. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 23, effective June 27, 2019. -- Created 1994 Ky. Acts ch. 334, sec. 9, effective July 15, 1994.

KRS 222.460 Licensed treatment services to participate in cabinet's evaluation or client- outcome effectiveness study

222.460. Licensed treatment services to participate in cabinet's evaluation or client- outcome effectiveness study (1) As a requirement to receive state or federal funds, including Medicaid, a treatment center or program licensed as a chemical dependency treatment service pursuant to KRS 216B.042 or this chapter shall participate in an evaluation or client-outcome effectiveness study conducted by the cabinet. (2) Information for the evaluation shall include but is not limited to the following: (a) The total number of substance use disorder clients admitted to treatment; (b) The total number of referrals from the District and Circuit Courts and the Department of Corrections; (c) The client's change in substance use patterns from admission to discharge from treatment; (d) The client's change in employment status from admission to discharge from treatment; and (e) The client's change in involvement with the criminal justice system from admission to discharge from treatment. (3) All information collected pursuant to this chapter shall be held confidential with respect to the identity of individual clients. Access to information that identifies individual clients may be provided to qualified persons or organizations with a valid scientific interest, as determined by the secretary, who are engaged in research related to patterns of drug and alcohol use, the effectiveness of treatment, or similar studies and who agree in writing to maintain confidentiality. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 24, effective June 27, 2019. -- Amended 2004 Ky. Acts ch. 116, sec. 15, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 503, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 334, sec. 12, effective July 15, 1994. – Amended 1992 Ky. Acts ch. 211, sec. 82, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 254, sec. 1, effective July 13, 1990.

KRS 222.462 Cabinet to review and improve substance use disorder treatment and recovery services and programs operating within the Commonwealth -- Administrative regulations

222.462. Cabinet to review and improve substance use disorder treatment and recovery services and programs operating within the Commonwealth -- Administrative regulations (1) The Cabinet for Health and Family Services shall conduct a comprehensive review of all current state licensure and quality standards that apply to substance use disorder treatment and recovery services and programs that operate within the Commonwealth of Kentucky. (2) Based on the review conducted pursuant to subsection (1) of this section, the cabinet shall develop enhanced licensure and quality standards for substance use disorder treatment and recovery that include but are not limited to residential, outpatient, and medication-assisted treatment (MAT) services. The enhanced standards shall include, at a minimum, the following: (a) A set of comprehensive quality standards and criteria for substance use disorder treatment and recovery services and programs that are based on nationally recognized and evidence-based standards; (b) Standardized, nationally recognized outcome measures for substance use disorder treatment programs and a process for collection and review of results; and (c) Conditions necessary for reimbursement with state funds for the provision of substance use disorder treatment and recovery services and programs. (3) By January 1, 2019, the cabinet shall promulgate administrative regulations necessary for implementing the enhanced licensure and quality standards, including application fees for licenses, not to exceed the direct and actual cost incurred by the cabinet to perform the licensure for substance use disorder treatment and recovery services and programs. (4) The provisions of this section are subject to available funding. Effective: April 2, 2018 History: Created 2018 Ky. Acts ch. 61, sec. 1, effective April 2, 2018.

KRS 222.465 Client-outcome study -- Follow-up reports

222.465. Client-outcome study -- Follow-up reports (1) All inpatient, residential, or outpatient treatment centers or programs licensed as a chemical dependency treatment service pursuant to KRS 216B.042 or this chapter and receiving state or federal funds, shall participate in a client-outcome study conducted by the cabinet. This scientifically conducted client-oriented evaluation study shall measure the relative change in a client as a result of the client's participation in specific treatment modalities. The client-outcome study shall measure the client's length of stay in each treatment modality and the client's change in behavior one (1) year after being discharged from a treatment program. (2) Follow-up reports on a scientifically-based sample of clients discharged from chemical dependency treatment programs shall be gathered by an independent organization qualified to conduct outcome evaluation and submitted to the cabinet in a format to be determined by administrative regulations of the cabinet. The follow-up report shall measure the client's current substance use patterns, employment status, educational status, and involvement in the criminal justice system. Follow-up reports may be conducted through telephone or mail surveys of clients and the cost of reports shall be borne by the cabinet. (3) Clients who refuse to participate in the follow-up report or who cannot reasonably be located shall be noted in the follow-up report. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 128, sec. 25, effective June 27, 2019. -- Amended 1994 Ky. Acts ch. 334, sec. 13, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 254, sec. 2, effective July 13, 1990.

KRS 222.470 Conditions requiring exclusion of consideration for state funds

222.470. Conditions requiring exclusion of consideration for state funds Chemical dependency treatment programs shall not be considered for receipt of state funds if they: (1) Do not submit reports as required by KRS 222.460; or (2) Do not cooperate in the submission of information that would allow the cabinet to conduct a scientific random sample survey of client-outcome indicators as required by KRS 222.465. Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 334, sec. 14, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 254, sec. 3, effective July 13,1990.

KRS 222.475 Report to Governor and General Assembly from cabinet

222.475. Report to Governor and General Assembly from cabinet The cabinet shall annually submit to the Governor and the General Assembly a treatment- center evaluation report. The report shall include, but not be limited to, the following information: (1) An inventory of all licensed chemical dependency treatment services in Kentucky; (2) The information submitted by each treatment center or program pursuant to KRS 222.460 and 222.465; and (3) The employment, educational, and criminal history of clients in each program that received state or federal funds. Effective: July 13, 2004 History: Amended 2004 Ky. Acts ch. 116, sec. 10, effective July 13, 2004. -- Amended 1998 Ky. Acts ch. 426, sec. 504, effective July 15, 1998. -- Created 1990 Ky. Acts ch. 254, sec. 4, effective July 13, 1990.

KRS 222.480 Advisory Council for Recovery Ready Communities -- Members -- Duties - - Justice and Public Safety Cabinet, contractual powers -- Cabinet and Advisory Council, authority to promulgate administrative regulations

222.480. Advisory Council for Recovery Ready Communities -- Members -- Duties - - Justice and Public Safety Cabinet, contractual powers -- Cabinet and Advisory Council, authority to promulgate administrative regulations (1) The Advisory Council for Recovery Ready Communities is hereby created and shall be attached to the Office of Drug Control Policy within the Justice and Public Safety Cabinet for administrative purposes. (2) The Advisory Council for Recovery Ready Communities shall consist of the following members: (a) One (1) representative from a list of three (3) names submitted by the Kentucky League of Cities, appointed by the Governor; (b) One (1) representative from a list of three (3) names submitted by the Kentucky Association of Counties, appointed by the Governor; (c) One (1) representative from a list of three (3) names submitted by the Kentucky Chamber of Commerce, appointed by the Governor; (d) One (1) representative from a list of three (3) names submitted by the Recovery Consortium of Kentucky, appointed by the Governor; (e) One (1) representative from a list of three (3) names submitted by the Kentucky School Boards Association, appointed by the Governor; (f) One (1) representative that represents the leadership of active law enforcement officers in Kentucky, appointed by the Governor; (g) One (1) representative that is a practicing physician with an active license in Kentucky representing the medical profession, appointed by the Governor; (h) One (1) representative from the Kentucky Pharmacists Association, appointed by the governor; (i) One (1) representative from a family advocate organization who shall have experience in substance use recovery disorders, appointed by the Governor; (j) One (1) representative from a faith community organization who shall have experience in substance use recovery disorders, appointed by the Governor. (k) Two (2) individuals in recovery from a substance use disorder, one (1) of whom has served time in jail or prison due to a substance use disorder, appointed by the Governor; (l) The Chief Justice of the Supreme Court, or his or her designee; (m) The Attorney General, or his or her designee; (n) The commissioner of the Department for Public Health, or his or her designee; (o) The commissioner of the Department for Behavioral Health, Developmental and Intellectual Disabilities, or his or her designee; (p) The commissioner of the Department of Corrections, or his or her designee; (q) The commissioner of the Department of Workforce Development, or his or her designee; (r) The public advocate, or his or her designee; (s) The President of the Senate, or his or her designee; (t) The Speaker of the House, or his or her designee; and (u) One (1) representative from the Kentucky Association of Regional Programs, appointed by the Governor. The Governor shall designate a chairperson. (3) Appointed members of the Advisory Council for Recovery Ready Communities shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of duties in accordance with KRS 45.101 and administrative regulations promulgated thereunder. (4) The Governor shall appoint advisory council members who reflect, inasmuch as possible, the political, geographic, gender, age, and racial diversity of the population of the Commonwealth. (5) The Advisory Council for Recovery Ready Communities shall: (a) Establish a Kentucky Recovery Ready Community Certification Program for cities and counties. The purpose of the certification program is to provide a quality measure of a city's or county's substance use disorder recovery programs and to assure citizens and businesses that a city or county is committed to ensuring the availability of high quality recovery programs in its community that can help lead to a highly skilled community workforce; (b) Establish guidelines, protocols, standards, and an application and approval process for cities and counties related to the Kentucky Recovery Ready Community Certification Program; (c) Ensure that the certification process evaluates a city's or county's availability of high quality substance use treatment programs in their communities for persons in active, post, and recovered addiction status; (d) Request and utilize federal, state, and private funds, including funds from philanthropic sources; (e) Improve procedures for ensuring accountability and measuring success of recovery programs that receive state, federal, and philanthropic funds; and (f) Other duties and responsibilities as designated by the Governor. (6) The Justice and Public Safety Cabinet may contract with any public or private agency or any individual for research, the gathering of information, the printing and publication of reports, consulting, or for any other purpose necessary to discharge the duties of the advisory council. (7) The Justice and Public Safety Cabinet, in collaboration with the Advisory Council for Recovery Ready Communities created under subsection (1) of this section, may promulgate administrative regulations pursuant to KRS Chapter 13A to carry out this section. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 204, sec. 2, effective July 14, 2022; and ch. 236, sec. 105, effective July 1, 2022. -- Created 2021 Ky. Acts ch. 77, sec. 1, effective June 29, 2021. Legislative Research Commission Note (7/14/2022). This statute was amended by 2022 Ky. Acts chs. 204 and 236, which do not appear to be in conflict and have been codified together. Legislative Research Commission Note (7/14/2022). 2022 Ky. Acts ch. 204, sec. 3 provides, "Appointees currently serving under the authority of paragraphs (a) through (g) of subsection (2) of Section 2 of this Act [this statute] shall serve until January 1, 2023."

KRS 222.500 Definitions for KRS 222.500 to 222.510

222.500. Definitions for KRS 222.500 to 222.510 As used in KRS 222.500 to 222.510: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Certifying organization" means: (a) The Kentucky Recovery Housing Network; (b) The National Alliance for Recovery Residences or their recognized affiliates; (c) Oxford House, Inc.; and (d) Any other organization that develops and administers professional certification programs requiring minimum standards for the operation of recovery residences that has been recognized and approved by the Cabinet for Health and Family Services; (3) "Local government" means a city, county, urban-county government, consolidated local government, charter county government, or unified local government; (4) "Medication for addiction treatment" means the use of pharmacological agents approved by the United States Food and Drug Administration for the treatment of substance use disorders in combination with counseling and other behavioral health therapies to provide a whole-patient approach to the treatment of substance use disorders; (5) "Recovery residence": (a) Means any premises, place, or building that: 1. Holds itself out as a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance -free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances; and 2. Provides a housing arrangement for a group of unrelated individuals who are recovering from substance use disorders or to a group of parents who are recovering from a substance use disorder and their children, including peer-to-peer supervision models; and (b) Does not include any premises, place, or building that is licensed or otherwise approved by the cabinet or any other agency of state government to operate as a residential or inpatient substance use treatment facility; (6) "Recovery support services": (a) Means activities that are directed primarily toward recovery from substance use disorders and includes but is not limited to mutual aid self-help meetings, recovery coaching, spiritual coaching, group support, and assistance in achieving and retaining gainful employment; and (b) Does not include any medical, clinical, behavioral health, or other substance use treatment service for which a license or other approval is required under state law; and (7) "Resident-driven length of stay" means the amount of time an individual is allowed to stay at a recovery residence as determined by the individual resident based upon his or her recovery needs and not by a third-party payor. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 132, sec. 1, effective July 15, 2024. -- Created 2023 Ky. Acts ch. 85, sec. 1, effective June 29, 2023.

KRS 222.502 Certification required for residences promoting recovery from substance use disorder -- Exceptions

222.502. Certification required for residences promoting recovery from substance use disorder -- Exceptions (1) (a) Effective July 1, 2024, no individual or entity shall, except as provided in paragraph (b) of this subsection and subsection (2) o f this section, establish, operate, or maintain a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance -free home for unrelated individuals, or any other similarly named or identified residence t hat promotes substance use disorder recovery through abstinence from intoxicating substances or represent, promote, advertise, or otherwise claim to operate a recovery residence, recovery home, sober living residence, alcohol, illicit drug, and other intoxicating substance-free home for unrelated individuals, or any other similarly named or identified residence that promotes substance use disorder recovery through abstinence from intoxicating substances unless that individual or entity has: 1. Been certified by a certifying organization; and 2. Provided proof of certification by a certifying organization to the cabinet in a form and manner prescribed by the cabinet. (b) The provisions of this subsection shall not apply to: 1. A recovery residence that is recognized as a part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation; or 2. A recovery residence that is: a. Owned or operated by an entity that is exempt, in part or in whole, pursuant to 42 U.S.C. sec. 3607 or 12187 from co mpliance with the Americans with Disabilities Act, Pub. L. No. 101 -336, or the Fair Housing Act, Pub. L. No. 100 -430; and b. Affiliated with a religious institution that is organized under 26 U.S.C. sec. 501(c) for charitable religious purposes; unless the recovery residence accepts Medicare or Medicaid funds. (2) Notwithstanding subsection (1) of this section: (a) A recovery residence operating without certification from a certifying organization on June 30, 2024, shall be permitted to continue to operate until December 31, 2024, if, except as provided in paragraph (c) of this subsection, the recovery residence provides the cabi net with proof that it initiated a certification process with a certifying organization prior to July 1, 2024; (b) A recovery residence that seeks to begin operating after July 1, 2024, may be permitted by the cabinet to operate for a period of not more th an six (6) months if the recovery residence provides the cabinet with proof that it has initiated a certification process with a certifying organization; and (c) Notwithstanding paragraph (a) of this subsection, a recovery residence that provides on-site clinical services or access to on -site clinical services operating without certification from a certifying organization on June 30, 2024, shall be permitted to continue operating after July 1, 2024, but shall be required to provide proof of certification by a certifying organization to the cabinet no later than December 31, 2024. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 132, sec. 2, effective July 15, 2024. -- Created 2023 Ky. Acts ch. 85, sec. 2, effective June 29, 2023.

KRS 222.504 Powers and duties of cabinet -- Legal actions -- Fines -- Compliance

222.504. Powers and duties of cabinet -- Legal actions -- Fines -- Compliance (1) The cabinet shall: (a) Require certified recovery residences to provide proof of certification at least annually; (b) Require certified recovery residences to notif y the cabinet of any change in their certification status, including but not limited to a suspension or revocation of certification by a certifying organization; (c) Require separate proof of certification for each recovery residence owned or operated by an individual or entity in the Commonwealth; (d) Post on its website the name, telephone number, and location by local jurisdiction of each certified recovery residence and shall update the list at least quarterly; (e) Post on its website the name of each c ertifying organization approved by the cabinet; and (f) Notify local governments with appropriate jurisdiction of receipt of proof of certification from a recovery residence within thirty (30) days of receipt of proof of certification. (2) The cabinet shall not disclose the address of a recovery residence except to local governments, local law enforcement, and emergency personnel. (3) The cabinet may: (a) In lieu of posting the information required by subsection (1)(d) of this section to its website, post a link to another website that aggregates information on certified recovery residences or other information providers; and (b) Promulgate administrative regulations in accordance with KRS Chapter 13A to carry out the provisions of this section and KRS 222.500, 222.502, 222.506, 222.508, and 222.510. (4) If a recovery residence violates any provision of this section, KRS 222.502, o r any administrative regulation promulgated thereunder, the cabinet and local governments are hereby granted the authority and legal standing necessary to impose civil fines as permitted under subsection (5) of this section and to initiate appropriate legal action to compel a recovery residence that is operating in violation of KRS 222.502 to cease operating. (5) (a) Any certified recovery residence or other person operating a recovery residence who knowingly fails to submit any report, data, or other infor mation as may be required by the cabinet through the promulgation of an administrative regulation or by a local government through the enactment of a local ordinance or who submits fraudulent reports, data, or information may be subject to civil fines esta blished by the cabinet through the promulgation of an administrative regulation or by a local government through the enactment of a local ordinance. (b) Any person or entity who knowingly establishes, maintains, or operates an uncertified recovery residence in violation of KRS 222.502 may be subject to civil fines established by the cabinet through the promulgation of an administrative regulation or by a local government through the enactment of a local ordinance. (6) Notwithstanding any law to the contrary, a recovery residence that furnishes proof of current certification from a certifying organization to a local government shall be presumed by the local government to be in compliance with this section and KRS 222.500, 222.502, 222.506, 222.508, and 222.510. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 132, sec. 3, effective July 15, 2024. -- Created 2023 Ky. Acts ch. 85, sec. 3, effective June 29, 2023.

KRS 222.506 Requirements for recovery residences -- Prohibition against providing medical and clinical services -- Exceptions

222.506. Requirements for recovery residences -- Prohibition against providing medical and clinical services -- Exceptions (1) A recovery residence shall: (a) Clearly disclose the following by inclusion in any advertising and by posting such a notice in a conspicuous location inside the residence: 1. Notice that the recovery residence is not a treatment facility; 2. A list of services offered by the recovery residence; and 3. If the recovery residence is exempt from certification pursuant to KRS 222.502(1)(b), notice that the recovery residence is exempt from certification requirements; (b) Require residents to abstain from the use of alcohol, illicit drugs, and other intoxicating substances; (c) Require residents to participate in recovery support services including through a peer-to-peer supervision model; and (d) Allow individuals who are receiving medication for addiction treatment to continue to receive such treatment while residing in the recovery residence as directed by a licensed prescriber. (2) A recovery residence shall not, except as permitted under subsection (3) of this section, directly provide any medical or clinical services including on-site medication administration. (3) (a) The requirement that residents abstain from the use of intoxicating substances established in subsection (1)(b) of this section shall not apply to any legally prescribed medication when used by a resident as directed by a licensed prescriber. (b) Subsection (1)(d) of this section shall not apply to any recovery residence owned or operated by an entity that is exempted, in part or in whole, pursuant to 42 U.S.C. sec. 3607 or 12187 from compliance with the Americans with Disabilities Act, Pub. L. No. 101-336, or the Fair Housing Act, Pub. L. No. 100-430. (c) The prohibition on the provision of on-site medical and clinical services established in subsection (2) of this section shall not apply to: 1. The self-administration of prescribed medications by a resident as directed by a licensed prescriber within his or her scope of practice; 2. Verification of abstinence from the use of alcohol, illicit drugs, and other intoxicating substances; or 3. The provision of on-site medical and clinical services, including telehealth services and other in-residence services, to an individual residing in a recovery residence by a licensed medical or behavioral health provider provided that: a. The licensed provider is not employed or contracted by the recovery residence unless at least one (1) of the following criteria is met: i. The recovery residence does not receive payment from the licensed provider; ii. The recovery residence makes on-site clinical services available from an outside service provider, but each resident may utilize the clinical service provider of his or her choosing; or iii. The recovery residence is operated by or is a direct subsidiary of the licensed provider and the services are provided as part of a continuum of care that can be shown by the recovery residence operator to include step-down facilities with resident-driven length of stay or referral thereof; b. The recovery residence has not required or otherwise induced a resident to receive services from a specific provider unless the recovery residence is operated by or is a direct subsidiary of the provider and the services are provided as part of a continuum of care that can be shown by the recovery residence operator to include step-down facilities with resident-driven length of stay or referral thereof; and c. The licensed provider and the recovery residence shall each, as applicable, comply with 18 U.S.C. sec. 220, 42 U.S.C. sec. 1320a - 7b(b), and 42 U.S.C. sec. 1395nn and any amendments thereto. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 132, sec. 4, effective July 15, 2024. -- Created 2023 Ky. Acts ch. 85, sec. 4, effective June 29, 2023.

KRS 222.508 Entities required to refer individuals to certified or recognized recovery residences -- Consideration of certified or recognized residences by courts -- Eligibility for state and federal funding

222.508. Entities required to refer individuals to certified or recognized recovery residences -- Consideration of certified or recognized residences by courts -- Eligibility for state and federal funding After June 30, 2024: (1) When referring an individual who is in need of recovery residency services, the following individuals and entities shall only refer individuals to a recovery residence that has provided the cabinet with proof of certification by a certifying organization as required by KRS 222.502(1) or that is recognized as part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation: (a) State agencies; (b) State-contracted vendors; (c) Political subdivisions of the state; (d) Health care providers who are licensed in the Commonwealth; and (e) Behavioral health providers who are licensed in the Commonwealth. (2) When making orders or recommendations that an individual under its supervision receive recovery residency services, any court of the Commonwealth shall give first consideration to recovery residences that have provided the cabinet with proof of certification by a certifying organization as required by KRS 222.502(1) or that are recognized as part of the Recovery Kentucky Program administered by the Kentucky Housing Corporation. (3) Only recovery residences that have provided the cabinet with proof of certification by a certifying agency as required by KRS 222.502(1) or that are recognized as part of the Recovery Kentucky Program administered by the Kentucky Hou sing Corporation shall be eligible to receive state funding and, to the extent permitted under federal law, federal funding for the delivery of recovery residency services in the Commonwealth. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 85, sec. 5, effective June 29, 2023.

KRS 222.510 Local government's authority to regulate use of property

222.510. Local government's authority to regulate use of property Nothing in KRS 222.500 to 222.510 shall be interpreted or construed to alter, amend, or otherwise infringe upon a local government's authority to regulate the use of property through properly enacted land use laws pursuant to KRS Chapter 100, rental property regulations, or any other local government authority provided under the law. Effective: June 29, 2023 History: Created 2023 Ky. Acts ch. 85, sec. 6, effective June 29, 2023.

KRS 222.990 Penalties

222.990. Penalties (1) Any licensee or other person operating a private facility who fails to furnish any such data, statistics, schedules or information as required, or who files fraudulent returns thereof shall be subject to a fine of not more than five hundred dollars ($500). (2) Whoever knowingly establishes or maintains a private facility without a license granted pursuant to this section shall, for a first offense, be subject to a fine of not more than five hundred dollars ($500) and for each subsequent offense by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than two (2) years, or both. (3) A person guilty of alcohol intoxication, or drinking alcoholic beverages in a public place shall, for a first or second offense be fined not less than twenty-five dollars ($25). (4) A person guilty of alcohol intoxication, or drinking alcoholic beverages in a public place, shall for a third or subsequent offense within a twelve (12) month period be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or be imprisoned in the county jail for not less than five (5) nor more than ninety (90) days, or both. Subsequent offenses not within the twelve (12) month proscription of this section shall be dealt with under subsection (3) of this section. (5) In addition to any other penalty prescribed by law for violation of subsections (1) and (2) of KRS 222.202, the court may sentence the person to an alcohol or substance abuse treatment or education program subject to the following terms and conditions for a third or subsequent offender: (a) The sentence shall be for a period of up to six (6) months and the program shall provide an assessment to the court of the defendant's alcohol or other substance abuse problems. (b) Each defendant shall pay the cost of the treatment or education program up to his ability to pay but no more than the actual cost of the treatment. (c) A defendant may upon written recommendation to the court by the administrator of the program, be released by the court prior to the expiration of the six (6) month period. (d) Failure to complete the treatment program or to pay the amount specified by the treatment program shall constitute contempt of court and the court may, in addition to any other remedy for contempt, reinstitute all penalties which were previously imposed but suspended or delayed pending the completion of treatment or education program. Effective: July 1, 1986 History: Amended 1986 Ky. Acts ch. 336, secs. 2 and 3, effective July 1, 1986. -- Created 197 Ky. Acts ch. 266, sec. 6, paras. (5) and (7).

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38279Fetched: 10/20/2026