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