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202A.011 Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(1) "Authorized staff physician" means a physician who is a bona fide member of
the hospital's medical staff;
(2) "Danger" or "threat of danger to self, family, or others" means substantial
physical harm or threat of substantial physical harm upon self, family, or others,
including actions which deprive self, family, or others of the basic means of
survival including provision for reasonable shelter, food, or clothing;
(3) "Cabinet" means the Kentucky Cabinet for Health and Family Services;
(4) "Psychiatric facility" means a crisis stabilization unit or any facility licensed by
the cabinet and which provides inpatient, outpatient, psychosocial
rehabilitation, emergency, and consultation and education services for the
diagnosis and treatment of persons who have a mental illness;
(5) "Forensic psychiatric facility" means a mental institution or facility, or part
thereof, designated by the secretary for the purpose and function of providing
inpatient evaluation, care, and treatment for mentally ill persons or individuals
with an intellectual disability, who have been charged with or convicted of a
felony;
(6) "Hospital" means:
(a) A state mental hospital or institution or other licensed public or private
hospital, institution, health-care facility, or part thereof, approved by the
Kentucky Cabinet for Health and Family Services as equipped to provide
full-time residential care and treatment for mentally ill persons or
individuals with an intellectual disability;
(b) A hospital, institution, or health-care facility of the government of the
United States equipped to provide residential care and treatment for
mentally ill persons or individuals with an intellectual disability;
(7) "Judge" means any judge or justice of the Court of Justice or a trial
commissioner of the District Court acting under authority of SCR 5.030;
(8) "Least restrictive alternative mode of treatment" means that treatment which
will give a mentally ill individual a realistic opportunity to improve the
individual's level of functioning, consistent with accepted professional practice
in the least confining setting available;
(9) "Mentally ill person" means a person with substantially impaired capacity to
use self-control, judgment, or discretion in the conduct of the person's affairs
and social relations, associated with maladaptive behavior or recognized
emotional symptoms where impaired capacity, maladaptive behavior, or
emotional symptoms can be related to physiological, psychological, or social
factors;
(10) "Patient" means a person under observation, care, or treatment in a hospital
pursuant to the provisions of this chapter;
(11) "Petitioner" means a person who institutes a proceeding under this chapter;
(12) "Qualified mental health professional" means:
(a) A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States
while engaged in the performance of official duties;
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States
while engaged in the practice of official duties, who is certified or eligible
to apply for certification by the American Board of Psychiatry and
Neurology, Inc.;
(c) A psychologist with the health service provider designation, a
psychological practitioner, a certified psychologist, or a psychological
associate, licensed under the provisions of KRS Chapter 319;
(d) A licensed registered nurse with a master's degree in psychiatric nursing
from an accredited institution and two (2) years of clinical experience with
mentally ill persons, or a licensed registered nurse, with a bachelor's
degree in nursing from an accredited institution, who is certified as a
psychiatric and mental health nurse by the American Nurses Association
and who has three (3) years of inpatient or outpatient clinical experience
in psychiatric nursing and is currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of
a general hospital or a private agency or company engaged in the
provision of mental health services or a regional community program for
mental health and individuals with an intellectual disability;
(e) A licensed clinical social worker licensed under the provisions of KRS
335.100, or a certified social worker licensed under the provisions of KRS
335.080 with three (3) years of inpatient or outpatient clinical experience
in psychiatric social work and currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of
a general hospital or a private agency or company engaged in the
provision of mental health services or a regional community program for
mental health and individuals with an intellectual disability;
(f) A marriage and family therapist licensed under the provisions of KRS
335.300 to 335.399 with three (3) years of inpatient or outpatient clinical
experience in psychiatric mental health practice and currently employed
by a hospital or forensic facility licensed by the Commonwealth, a
psychiatric unit of a general hospital, a private agency or company
engaged in providing mental health services, or a regional community
program for mental health and individuals with an intellectual disability; or
(g) A professional counselor credentialed under the provisions of KRS
Chapter 335.500 to 335.599 with three (3) years of inpatient or outpatient
clinical experience in psychiatric mental health practice and currently
employed by a hospital or forensic facility licensed by the Commonwealth,
a psychiatric unit of a general hospital, a private agency or company
engaged in providing mental health services, or a regional community
program for mental health and individuals with an intellectual disability;
(13) "Residence" means legal residence as determined by applicable principles
governing conflicts of law;
(14) "Respondent" means a person alleged in a hearing under this chapter to be a
mentally ill person or an individual with an intellectual disability;
(15) "Secretary" means the secretary of the Cabinet for Health and Family Services.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 32, effective July 12, 2012. -Amended 2005 Ky. Acts ch. 99, sec. 212, effective June 20, 2005. -- Amended
2002 Ky. Acts ch. 99, sec. 1, effective March 28, 2002. -- Amended 1998 Ky.
Acts ch. 426, sec. 177, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 369, sec. 19, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 498,
sec. 1, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 139, sec. 1,
effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 1, effective July
1, 1982.
Legislative Research Commission Note (7/12/2012). In subsection (6)(a) of this
statute, the Reviser of Statutes has reinserted the word "persons," which was
erroneously deleted in drafting, to correct a manifest clerical or typographical
error under the authority of KRS 7.136(1).
Legislative Research Commission Note. This section was enacted in 1982 Acts,
Chapter 445, which contains the following language in Section 45 of that Act:
"This Act shall become effective on July 1, 1982." The Ky. Constitution, in
Section 55, requires that a reason be set forth for the emergency. However, no
reason is set forth in this Act. The effective date for 1982 Acts with no
emergency provision is July 15, 1982.
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