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202B.270 Convalescent leave status.
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A physician may release a resident on convalescent leave status when the
interdisciplinary team concludes that the resident would not present a danger
or a threat of danger to self, family, or others if provided with continued medical
supervision in a less restrictive alternative mode of treatment. Release on
convalescent leave status does not terminate a court admission order and shall
include provisions for the development of a treatment plan jointly by the ICF/ID
and by a provider of outpatient care for follow-up care by the provider and for
the continual monitoring of that resident's condition by the provider.
The ICF/ID from which the resident is given convalescent leave status may at
any time readmit the resident without additional court proceedings. If there is
reason to believe that it is in the best interest of the resident to be readmitted,
the secretary or an authorized staff physician of the ICF/ID may issue an order
for the immediate readmission of the resident. The order, if not voluntarily
complied with, shall, upon the endorsement by a judge of any court of the
county in which the resident resides or is present, authorize any peace officer
to take the resident into custody and transport the person to the responsible
ICF/ID. Notice of readmission under this section shall be given to the
originating court as soon as practicable and simultaneously with the order
directing the readmission if possible.
Release on convalescent leave status shall not apply to persons held under
admission orders arising out of KRS Chapter 504 unless consent of the
appropriate court is obtained.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 58, effective July 12, 2012. -Created 1990 Ky. Acts ch. 147, sec. 26, effective July 13, 1990.
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