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645.170 Hospital review committee -- Review of patient's individual treatment
plan.
(1)
(2)
(3)
(4)
Every hospital which treats children under this chapter shall have a review
committee of three (3) qualified mental health professionals appointed by the
hospital director. The review committee shall have the authority to review the
appropriateness of a patient's individual treatment plan.
Upon the written refusal of an involuntary patient to participate in any or all
aspects of his treatment plan, the review committee shall examine the
appropriateness of the patient's individual treatment plan. After a patient
refuses to participate in his treatment plan and until his disagreement with the
plan has been resolved, the hospital may administer only that treatment which
the treating physician determines is necessary to protect the patient from
harming himself or others. Within three (3) days, exclusive of weekends and
holidays, of the refusal, the review committee shall meet with the patient and
his counsel or court-designated worker to discuss their recommendations.
If the patient still refuses to participate in any or all aspects of his individual
treatment plan, the hospital may petition the District Court for a de novo
determination of the appropriateness of the proposed treatment. Within seven
(7) days of the filing of the hospital's petition, excluding weekends and
holidays, the court shall conduct a hearing, consistent with the patient's right to
due process of law, and shall consider all factors in reaching its determination,
including but not limited to:
(a) Whether the treatment is necessary to protect other patients or the
patient himself from harm;
(b) Whether the patient is incapable of giving informed consent to the
proposed treatment;
(c) Whether any less restrictive alternative treatment is available;
(d) Whether the proposed treatment carries any risk of permanent side
effects; and
(e) Whether the proposed treatment is likely to improve the patient's
condition.
Upon the completion of the hearing, the court shall, considering the proof and
from a preponderance of the evidence finding that the factors listed in
subsection (3) of this section have been established, enter an appropriate
judgment, enumerating the factors found to exist, which judgment shall be
considered final for purposes of appeal. No court shall consent to
psychosurgery or electroshock therapy nor shall it order such treatment. If the
court denies the hospital the right to administer the treatment in question, the
hospital may discharge the child.
Effective:April 10, 1988
History: Amended 1988 Ky. Acts ch. 350, sec. 121, effective April 10, 1988. -Created 1986 Ky. Acts ch. 423, sec. 162, effective July 1, 1987.
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