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504.060 Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(1) "Department" means the Department of Corrections;
(2) "Forensic psychiatric facility" means a mental institution or facility, or part
thereof, designated by the secretary of the Cabinet for Health and Family
Services for the purpose and function of providing inpatient evaluation, care,
and treatment for mentally ill persons or individuals with an intellectual disability
who have been charged with or convicted of a felony;
(3) "Foreseeable future" means not more than three hundred sixty (360) days;
(4) "Incompetency to stand trial" means, as a result of mental condition, lack of
capacity to appreciate the nature and consequences of the proceedings
against one or to participate rationally in one's own defense;
(5) "Insanity" means, as a result of mental condition, lack of substantial capacity
either to appreciate the criminality of one's conduct or to conform one's conduct
to the requirements of law;
(6) "Mental illness" means substantially impaired capacity to use self-control,
judgment, or discretion in the conduct of one's affairs and social relations,
associated with maladaptive behavior or recognized emotional symptoms
where impaired capacity, maladaptive behavior, or emotional symptoms can be
related to physiological, psychological, or social factors;
(7) "Individual with an intellectual disability" means an individual with significantly
subaverage general intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period and is a
condition which may exist concurrently with mental illness or insanity;
(8) "Psychiatrist" means a physician licensed pursuant to KRS Chapter 311 who is
certified or eligible to apply for certification by the American Board of Psychiatry
and Neurology, Inc.;
(9) "Psychologist" means a person licensed at the doctoral level pursuant to KRS
Chapter 319 who has been designated by the Kentucky Board of Examiners of
Psychology as competent to perform examinations;
(10) "Treatment" means medication or counseling, therapy, psychotherapy, and
other professional services provided by or at the direction of psychologists or
psychiatrists. "Treatment" shall not include electroshock therapy or
psychosurgery; and
(11) "Treatment facility" means an institution or part thereof, approved by the
Cabinet for Health and Family Services, which provides evaluation, care, and
treatment for insane or mentally ill persons or individuals with an intellectual
disability on an inpatient or outpatient basis, or both.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 121, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 99, sec. 653, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 605, effective July 15, 1998. -- Amended 1992 Ky.
Acts ch. 211, sec. 131, effective July 14, 1992. -- Amended 1988 Ky. Acts
ch. 139, sec. 15, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 331,
sec. 57, effective July 15, 1986. -- Created 1982 Ky. Acts ch. 113, sec. 1,
effective July 15, 1982.
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