2014 Kentucky Revised Statutes CHAPTER 202B - ADMISSION OF AN INDIVIDUAL WITH AN INTELLECTUAL DISABILITY 202B.245 ICF/ID review committee -- Procedure when involuntary resident refuses to participate in treatment plan.
Download as PDF
202B.245 ICF/ID review committee -- Procedure when involuntary resident
refuses to participate in treatment plan.
(1)
(2)
(3)
(4)
Every ICF/ID approved under the provisions of this chapter shall have a review
committee of three (3) qualified professionals in the area of intellectual
disabilities appointed by the facility director. This review committee shall have
the authority to review the appropriateness of a resident's individual treatment
plan.
Upon the refusal of an involuntary resident to participate in any aspect of the
resident's treatment plan, the review committee shall examine the
appropriateness of the resident's individual treatment plan. Within three (3)
days of the refusal, the review committee shall meet with the resident and the
resident's counsel or other representative to discuss their recommendations.
If the resident still refuses to participate in any aspect of the resident's
individual treatment plan, the ICF/ID may petition the District Court for a de
novo determination of the appropriateness of the proposed treatment. Within
seven (7) days, the court shall conduct a hearing, consistent with the resident's
rights to due process of law, and shall utilize the following factors in reaching
its determination:
(a) Whether the treatment is necessary to protect other residents or the
resident himself from harm;
(b) Whether the resident is incapable of giving informed consent to the
proposed treatment;
(c) Whether any less restrictive alternative treatment exists; and
(d) Whether the proposed treatment carries any significant risk of permanent
side effects.
Upon completion of the hearing, the court shall enter an appropriate judgment.
The proposed treatment shall be authorized if supported by clear and
convincing evidence. If the court denies the ICF/ID the right to administer the
treatment in question, the ICF/ID may discharge the resident, unless an
interdisciplinary team of the ICF/ID determines that an alternative treatment is
available and acceptable to both the interdisciplinary team and the resident and
would benefit the resident.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 56, effective July 12, 2012. -Created 1990 Ky. Acts ch. 147, sec. 30, effective July 13, 1990.
Disclaimer: These codes may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.