Title XVII, Economic Security and Public Welfare
31 chapters · 957 sections in this title.
KRS § 202A.202 Transfer of mentally ill patients or patients with an intellectual disability between facilities
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between facilities. (1) The cabinet may transfer mentally ill patients or patients with an intellectual disability between hospitals, between hospitals and forensic psychiatric facilities, between hospitals and residential treatment centers for individuals with an intellectual di…
KRS § 202A.211 Return of Kentucky residents from other states
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(1) Legal residents of the state who have become public charges in other states and have been returned to Kentucky because they have been involuntarily hospitalized may be immediately admitted to a hospital at the request of the secretary or his designated representative. (2) Wit…
KRS § 202A.221 Hospital care or treatment by agency of United States
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(1) 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 eligibl…
KRS § 202A.231 Transfer to agency of United States. (Effective until October 1, 2026)
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(1) Upon receipt of a certificate of the United States Public Health Service or such other agency of the United States government that facilities are available for the care or treatment of any person heretofore hospitalized in any mental hospital or other institution in this stat…
KRS § 202A.241 Use of least restrictive level of restraint -- Guidelines for restrained person's need for privacy and ability to use telephone
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person's need for privacy and ability to use telephone. All individuals transporting or holding persons under KRS Chapter 202A, 202B, or 645, shall use the least restrictive level of restraint consistent with the person's needs. The Cabinet for Health and Family Services shall pr…
KRS § 202A.251 Prohibition against detention in jail without criminal charges pending -- Criminal charges not to be placed to avoid transportation
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Criminal charges not to be placed to avoid transportation. No person held under the provisions of this chapter shall be detained in jail unless criminal charges are also pending. No peace officer or any other person shall place criminal charges against a person who is mentally il…
KRS § 202A.261 Certain hospitals not to be required to provide services. (Effective until October 1, 2026)
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October 1, 2026) No public or private hospital, other than a state-operated or contracted mental hospital or institution, shall be required to provide services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.0811 to 202A.0831, 202A.101, 202A.1…
KRS § 202A.271 Rates for payment for provision of hospital services. (Effective until October 1, 2026)
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October 1, 2026) Each public or private hospital, other than a state-operated or contracted mental hospital or institution, which provides services under KRS 202A.008, 202A.011, 202A.028, 202A.041, 202A.051, 202A.071, 202A.081, 202A.0811 to 202A.0831, 202A.101, 202A.141, 202A.241…
KRS § 202A.301 Exemption from personal liability
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Persons carrying out duties or rendering professional opinions as provided in this chapter shall be free of personal liability for such actions, provided that such activities are performed in good faith within the scope of their professional duties and in a manner consistent with…
KRS § 202A.400 Duty of mental health professional to warn intended victim of patient's threat of violence
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threat of violence. (1) No monetary liability and no cause of action shall arise against any mental health professional for failing to predict, warn of or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental h…
KRS § 202A.410 Duty of administrator to warn law enforcement agency, prosecutor, and Department of Corrections upon discharge, transfer, or escape of involuntarily committed patient charged or convicted of a violent crime -- Immunity for acting in good faith -- Notification of victim -- Administrative regulations
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Department of Corrections upon discharge, transfer, or escape of involuntarily committed patient charged or convicted of a violent crime -- Immunity for acting in good faith -- Notification of victim -- Administrative regulations. (1) When a patient who has been involuntarily com…
KRS § 202A.420 Definitions for KRS 202A.420 to 202A.432
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As used in KRS 202A.420 to 202A.432, unless the context requires otherwise: (1) "Advance directive for mental health treatment" or "advance directive" means a written document, or a document in a form consistent with the provisions of the federal Americans with Disabilities Act (…
KRS § 202A.422 Advance directive for mental health treatment -- Scope -- Witnesses, notaries, and persons authorized to administer oaths -- Effect -- Notification to health care provider and health care facility -- Exemptions from criminal prosecution and civil liability
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notaries, and persons authorized to administer oaths -- Effect -- Notification to health care provider and health care facility -- Exemptions from criminal prosecution and civil liability. (1) An adult may execute an advance directive for mental health treatment that includes one…
KRS § 202A.424 Powers of designated surrogate
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(1) A surrogate designated by a grantor in an advance directive for mental health treatment shall act on behalf of the grantor in accordance with the desires of the grantor as indicated in the advance directive and may override the advance directive only if there is substantial m…
KRS § 202A.426 Refusal to comply with advance directive or surrogate's decision -- Effect of refusal
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of refusal. (1) A health care provider or health care facility shall provide mental health treatment that complies with the instructions in an advance directive to the fullest extent possible when the instructions are within standards for mental and physical health care and permi…
KRS § 202A.428 Revocation of advance directive for mental health treatment
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An advance directive may be revoked by: (1) A document that is signed and dated by the grantor and declares an intention to revoke; (2) An oral statement of intent to revoke made by a grantor to a health care provider in the presence of some other person; or (3) Destruction of th…
KRS § 202A.430 Form of advance directive for mental health treatment
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An advance directive for mental health treatment shall be in substantially the following form: "Advance directive for mental health treatment I, ___________, willfully and voluntarily execute this advance directive for mental health treatment. I want the instructions in this adva…
KRS § 202A.432 Short title for KRS 202A.420 to 202A.432
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KRS 202A.420 to 202A.432 may be cited as the Kentucky Advance Directive for Mental Health Act.
KRS § 202A.991 Penalties
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(1) Any person who willfully causes or conspires with or assists another in causing: (a) The unwarranted hospitalization of any individual under the provisions of this chapter; or (b) The denial of any individual of any of the rights accorded to him under the provisions of this c…