Title XVII, Economic Security and Public Welfare

This chapter may be cited as the "Kentucky Mental Health Hospitalization Act."

The cabinet may promulgate administrative regulations in accordance with KRS Chapter 13A in order to carry out the provisions of this chapter.

As used in this chapter, unless the context otherwise requires: (1) "Authorized staff physician" means a physician who is a bona fide member of the hospital's medical staff; (2) "Cabinet" means the Kentucky Cabinet for Health and Family Services; (3) "Contract mental health evalu…

This chapter shall not apply to persons under eighteen (18) years of age unless specifically authorized by the Kentucky Unified Juvenile Code.

All proceedings for the involuntary hospitalization of mentally ill persons shall be initiated in the District Court of the county where the person to be hospitalized resides or in which he may be at the time of the filing of a petition.

In all proceedings under this chapter, it shall be the duty of the county attorney to assist the petitioner and represent the interest of the Commonwealth and to assist the court in its inquiry by the presentation of evidence.

-- Transport of voluntary patients to receiving hospital or psychiatric facility. (1) The hospitalization of minors alleged to be mentally ill, except those provided for in KRS Chapter 640, shall be governed by KRS Chapter 645. (2) An authorized staff physician of a hospital may …

No person shall be involuntarily hospitalized unless such person is a mentally ill person: (1) Who presents a danger or threat of danger to self, family or others as a result of the mental illness; (2) Who can reasonably benefit from treatment; and (3) For whom hospitalization is…

until October 1, 2026) (1) Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary hospitalization, a judge may order the person hospitalized for a period not to exceed seventy-…

review hearing -- Community-based outpatient treatment and conditions for release. (Effective October 1, 2026) (1) (a) Upon motion of the county attorney, the hospital shall give notice to the court and the county attorney if the hospital plans to discharge the respondent followi…

(1) An authorized staff physician may order the admission of any person who is present at, or is presented at, a hospital. For the purposes of this subsection only, a hospital may include any acute care hospital that is licensed by the Commonwealth. Within twenty-four (24) hours …

(1) Any peace officer who has reasonable grounds to believe that an individual is mentally ill and presents a danger or threat of danger to self, family, or others if not restrained may take the individual into custody and transport the individual without unnecessary delay to a h…

Petition contents. (Effective until October 1, 2026) (1) Proceedings for sixty (60) days or three hundred sixty (360) days of involuntary hospitalization of an individual shall be initiated by the filing of a verified petition in District Court. (2) The petition and all subsequen…

(1) A respondent who has been ordered involuntarily hospitalized following the preliminary hearing shall have venue for all subsequent proceedings, including the final hearing, transferred to the court of the county where the respondent is hospitalized. (2) The court of the count…

(1) The certificate referred to in this chapter shall be in the form prescribed by the cabinet. The certificate shall state that the respondent has been examined by each of the qualified mental health professionals making the certificate within twenty-four (24) hours (excluding w…

In any proceeding for involuntary hospitalization under the applicable provisions of this chapter, if the criteria for involuntary hospitalization are not certified by at least two (2) examining qualified mental health professionals, the court shall, without taking any further ac…

A qualified mental health professional retained by the respondent shall be permitted to witness and participate in any examination of the respondent.

(1) The preliminary hearing shall be held not later than six (6) days (excluding weekends and holidays) from the time of respondent's holding under these proceedings. If the respondent is not held under these proceedings, the preliminary hearing shall be held not later than six (…

(1) The preliminary hearing need not be formal and may include the receiving of the qualified mental health professionals' reports as evidence. The hearing may be held by the court in chambers, at a hospital, or other suitable place. The respondent shall be afforded an opportunit…

of provider agency -- Multidisciplinary team -- Administrative regulations. (Effective October 1, 2026) (1) If the court orders community-based outpatient mental health treatment under this chapter, the court shall: (a) Appoint an outpatient provider agency recognized by the cabi…

Transportation. (Effective October 1, 2026) (1) A person's substantial failure to comply with a court order for community-based outpatient treatment may constitute presumptive grounds for the court or an authorized staff physician to order a seventy-two (72) hour emergency admiss…

psychiatric hospital owned by Commonwealth. (Effective October 1, 2026) (1) (a) Upon motion of the county attorney under KRS 202A.051(11)(a)2.b.ii., the hospital shall provide a copy of the discharge plan as soon as practicable to the court and the respondent's counsel of record.…

(1) By October 1 of each year beginning in 2027, the cabinet in coordination with the Administrative Office of the Courts shall submit to the Legislative Research Commission for referral to the Interim Joint Committee on Health Services and the Interim Joint Committee on Judiciar…

(1) In any proceeding under this chapter, if the respondent agrees: (a) To comply with a treatment plan; and (b) That he or she meets the criteria for involuntary hospitalization under KRS 202A.026, provided that outpatient treatment is determined to be the least restrictive mode…

Effective until October 1, 2026) (1) Following the preliminary hearing but prior to the completion of the final hearing, the court may order the person held in a hospital approved by the cabinet for such purpose for the committing judicial district, or released, upon application …

treatment. (Effective until October 1, 2026) (1) Proceedings for court-ordered assisted outpatient treatment of a person shall be initiated by the filing of a verified petition for that purpose in District Court. (2) The petition and all subsequent court documents shall be entitl…

(1) The court may order that the sheriff of the county or a peace officer transport the respondent to a hospital or site designated by the cabinet so that the respondent shall be examined without unnecessary delay by a qualified mental health professional. The sheriff or peace of…

until October 1, 2026) No person shall be court-ordered to assisted outpatient mental health treatment unless the person: (1) Is diagnosed with a serious mental illness; (2) Has a history of repeated nonadherence with mental health treatment, which has: (a) At least twice within …

treatment. No later than the date of the hearing held pursuant to KRS 202A.0811, the qualified mental health professional who examined the respondent pursuant to KRS 202A.0811 shall provide to the court and the respondent a proposed written treatment plan for the respondent for c…

on petition -- Reports. (Effective until October 1, 2026) (1) At a hearing and at all stages of a proceeding for court-ordered assisted outpatient treatment, the respondent shall be: (a) Represented by counsel; (b) Accompanied by a peer support specialist or other person in a sup…

If the court orders assisted outpatient mental health treatment pursuant to KRS 202A.0819, the court shall appoint an outpatient provider agency recognized by the cabinet which shall assemble a multidisciplinary team. The multidisciplinary team shall regularly monitor the person'…

treatment. (Effective until October 1, 2026) A person's substantial failure to comply with a court order for assisted outpatient treatment may constitute presumptive grounds for an authorized staff physician to order a seventy-two (72) hour emergency admission pursuant to KRS 202…

outpatient treatment. (1) At any time during the period of an order for court-ordered assisted outpatient treatment, the person subject to the order may move the court to stay, vacate, or modify the order. (2) (a) As used in this subsection, "material change" means an addition or…

For persons who are Medicaid-eligible, assisted outpatient mental health treatment services identified under KRS 202A.0811 to 202A.0831 shall be authorized by the Department for Medicaid Services and its contractors as Medicaid-eligible services and shall be subject to the same m…

to 202A.0831. Implementation of KRS 202A.0811 to 202A.0831 is contingent upon adequate funding by any unit of state or local government or divisions thereof, special purpose governmental entity, or any other entity able to utilize funds for the purposes set forth in KRS 202A.0811…

KRS 202A.0811 to 202A.0831 may be cited as Tim's Law. Effective:June 29, 2017

October 1, 2026) (1) The court records of a respondent made in all proceedings pursuant to KRS Chapter 202A are hereby declared to be confidential and shall not be open to the general public for inspection except when such disclosure is provided in KRS 202A.016. (2) Following the…

There shall be no privilege as to any relevant communications between qualified mental health professionals and patients. Qualified mental health professionals are authorized to disclose communications relating to diagnosis and treatment of the patient's mental condition in proce…

of patient. (Effective until October 1, 2026) (1) The court which orders any person to the receiving hospital or psychiatric facility, under the provisions of this chapter, shall at once notify the receiving hospital or psychiatric facility that such order has been made, advising…

(1) Upon the appearance of the person detained pursuant to KRS 202A.041 or upon the filing of a petition pursuant to KRS 202A.051 or 202A.0811, the court shall appoint an attorney to represent the respondent. The attorney shall be paid a fee fixed by the court not to exceed five …

The respondent shall be present at all hearings unless the respondent and his attorney intelligently waive respondent's right to be present, or unless the court makes a specific finding after the respondent has been brought to the place of the hearing that the respondent should b…

(1) Hospitals ordered to receive an involuntarily hospitalized person shall have standing to petition the District Court for any necessary clarification or modification of orders or judgments entered in proceedings under this chapter and to appeal to the Circuit Court from final …

At any time, and without notice, a person detained at a facility, or a relative, friend, guardian, representative, or attorney on behalf of such person, may petition for a writ of habeas corpus to question the cause and legality of such detention and request that the Circuit Cour…

Any person admitted to a hospital pursuant to the provisions of this chapter shall be initially examined by an authorized staff physician of the hospital or, with permission of the facility's governing body and in accordance with the applicable provisions of the facility's medica…

An authorized staff physician of a hospital shall discharge an involuntary patient when he no longer meets the criteria for involuntary hospitalization.

(1) An authorized staff physician may release an involuntary patient on convalescent leave status when the physician concludes that the patient would not present a danger or a threat of danger to self or others if provided with continued medical supervision in a less restrictive …

If a patient undergoing involuntary treatment on an inpatient basis is absent from the hospital without, or in excess of authorization from the hospital staff, the person in charge or that person's designee may contact the appropriate sheriff or other peace officers who shall tak…

(1) Each and every patient hospitalized under this chapter shall have the following rights: (a) The right to be adequately informed as to their individual treatment program; (b) The right to assist in the planning of their treatment program; (c) The right to refuse treatment subj…

(1) Every hospital approved under the provisions of this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. This review committee shall have the authority to review the appropriateness of a patient's indivi…

(1) When an inmate of any penal and correctional institution is reported by the staff of that institution to the Department of Corrections as being so mentally ill that he cannot be properly treated with the facilities at the disposal of the staff, the Department of Corrections s…