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202A.028 Hospitalization by court order -- Transportation -- Release.
(1)
(2)
(3)
(4)
(5)
Following an examination by a qualified mental health professional and a
certification by that professional that the person meets the criteria for
involuntary hospitalization, a judge may order the person hospitalized for a
period not to exceed seventy-two (72) hours, excluding weekends and
holidays. For the purposes of this section, the qualified mental health
professional shall be a staff member of a regional community program for
mental health or individuals with an intellectual disability, unless the person to
be examined is hospitalized and under the care of a licensed psychiatrist, in
which case the qualified mental health professional shall be the psychiatrist if
the psychiatrist is ordered, subject to the court's discretion, to perform the
required examination.
Any person who has been admitted to a hospital under subsection (1) of this
section shall be released from the hospital within seventy-two (72) hours,
excluding weekends and holidays, unless further held under the applicable
provisions of this chapter.
Any person admitted to a hospital under subsection (1) of this section or
transferred to a hospital while ordered hospitalized under subsection (1) of this
section shall be transported from the person's home county by the sheriff of
that county or other peace officer as ordered by the court. The sheriff or other
peace officer may, upon agreement of a person authorized by the peace
officer, authorize the cabinet, a private agency on contract with the cabinet, or
an ambulance service designated by the cabinet to transport the person to the
hospital. The transportation costs of the sheriff, other peace officer, ambulance
service, or other private agency on contract with the cabinet shall be paid by
the cabinet in accordance with an administrative regulation promulgated by the
cabinet, pursuant to KRS Chapter 13A.
Any person released from the hospital under subsection (2) of this section shall
be transported to the person's county of discharge by a sheriff or other peace
officer, by an ambulance service designated by the cabinet, or by other
appropriate means of transportation which is consistent with the treatment plan
of that person. The transportation cost of transporting the patient to the
patient's county of discharge when performed by a peace officer, ambulance
service, or other private agency on contract with the cabinet shall be paid by
the cabinet in accordance with an administrative regulation issued by the
cabinet pursuant to KRS Chapter 13A.
No person who has been held under subsection (1) of this section shall be held
in jail pending evaluation and transportation to the hospital.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 33, effective July 12, 2012. -Amended 2000 Ky. Acts ch. 487, sec. 1, effective July 14, 2000. -- Amended
1994 Ky. Acts ch. 498, sec. 2, effective July 15, 1994. -- Created 1988 Ky. Acts
ch. 139, sec. 3, effective July 15, 1988.
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