Title XVIII, Public Health

(1) The programs or activities of the voluntary self-help organizations known as Alcoholics Anonymous, Narcotics Anonymous, Al-Anon, and similar organizations in the area of substance use disorder rehabilitation shall not be restricted or regulated by the provisions of this chapt…

As used in this chapter, unless the context otherwise requires: (1) "Administrator" means the person or the designee of the person, in charge of the operation of substance use disorder prevention, intervention, or treatment program; (2) "Agency" means a legal entity operating hos…

As used in KRS 222.202 to 222.204, 222.990(3) to (5), "public place" shall have the same meaning as it does in KRS 525.010, provided that for violations of KRS 222.202(2) the definition shall not include any public place where a license under KRS Chapter 243 to sell distilled spi…

place. (1) A person is guilty of alcohol intoxication when he appears in a public place manifestly under the influence of alcohol to the degree that he may endanger himself or other persons or property, or unreasonably annoy persons in his vicinity. (2) A person is guilty of drin…

(1) A peace officer may make an arrest for a violation of KRS 222.202. (2) Any peace officer who arrests a person for violation of KRS 222.202 shall take him to jail. A peace officer may issue a citation and may take the person to a facility authorized by county or city ordinance…

(1) A person who has been arrested and placed in jail prior to trial for violation of KRS 222.202 and has not had two (2) prior convictions in the previous twelve (12) months for violation of KRS 222.202 shall be released as set forth by the Supreme Court Rule of Criminal Procedu…

- Authority for administrative regulations -- Required services. (1) The cabinet shall, in conjunction with the Office of Drug Control Policy and KY- ASAP and in furtherance of the strategic plan developed in KRS 15A.342, coordinate matters affecting nicotine dependence and subst…

substance use disorder treatment program -- Duties of cabinet and Office of Drug Control Policy -- Eligibility to participate in program -- Employer’s permitted activities -- Effect of employer’s compliance with program requirements -- No private right of action granted -- Affirm…

The cabinet may: (1) Make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter, including but not limited to contracts with government departments, public and private agencies and f…

regarding standards -- Revocation or suspension -- Emergency order -- Inspection by cabinet. (1) The cabinet shall issue for a term of one (1) year, and may renew for like terms, a license, subject to revocation by it for cause, to any persons, other than a substance use disorder…

case managers, and community support associates -- Prohibition of psychoeducational services. The Cabinet for Health and Family Services shall promulgate administrative regulations in accordance with KRS Chapter 13A to: (1) Require that: (a) Until January 1, 2027, licensed alcoho…

(1) The administrator of each program shall keep a record of the treatment afforded each substance use disorder patient, which shall be confidential in accordance with administrative regulations promulgated by the cabinet. (2) Any patient may have a physician retained by him exam…

The Secretary of the United States Department of Health and Human Services shall be afforded reasonable access to any reports or records kept by the cabinet pursuant to and in accordance with the provisions of this chapter. The comptroller general of the United States or his duly…

Length of treatment. (1) No hospital shall deny treatment to a person solely because of his or her substance use disorder. (2) Any intoxicated person admitted to a licensed substance use disorder program or a hospital licensed to provide chemical dependency treatment or detoxific…

licensed treatment services -- Statistical report. (1) Any person may request treatment from a physician or substance use disorder program licensed or approved by the cabinet to provide substance use disorder treatment services. Persons infected with HIV, hepatitis B, or hepatiti…

additional services. (1) As used in this section, "third-party payor" means any person required to comply with KRS 304.17A-611(2) or 205.536(3). (2) Prior to the discharge of a patient that has received medication for addiction- treatment, the treating facility shall submit a wri…

recovery residence -- Procedures -- Exemption. (1) Except where prohibited by federal law, any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment services license under KRS 222.231 that was issued in accordan…

of-state residents in Medicaid -- Penalties -- Reimbursement -- Enforcement. (1) To the extent allowed by federal law, any substance use disorder program that is authorized or regulated under this chapter or holds a chemical dependency treatment services license under KRS 222.231…

state -- Prioritization in criminal cases -- Administrative regulations. (1) As used in this section: (a) "Department" means the Department of Public Advocacy; (b) "Qualified treatment program" means a treatment program that shall: 1. Meet, at a minimum, one (1) the following req…

treatment programs -- Penalties. (1) A person or provider shall not: (a) Knowingly and willfully solicit or receive any remuneration, including but not limited to kickbacks, bribes, or rebates, either directly or indirectly, overtly or covertly, in cash or in kind, or in return f…

(1) Involuntary treatment ordered for a person suffering from substance use disorder shall follow the procedures set forth in KRS 222.430 to 222.437. (2) Except as otherwise provided for in KRS 222.430 to 222.437, all rights guaranteed by KRS Chapters 202A and 210 to involuntaril…

No person suffering from substance use disorder shall be ordered to undergo treatment unless that person: (1) Suffers from substance use disorder; (2) Presents an imminent threat of danger to self, family, or others as a result of a substance use disorder, or there exists a subst…

Guarantee for costs. (1) Proceedings for sixty (60) days or three hundred sixty (360) days of treatment for an individual suffering from substance use disorder shall be initiated by the filing of a verified petition in District Court. (2) The petition and all subsequent court doc…

(1) Upon receipt of the petition, the court shall examine the petitioner under oath as to the contents of the petition. (2) If, after reviewing the allegations contained in the petition and examining the petitioner under oath, it appears to the court that there is probable cause …

(1) Following an examination by a qualified health professional and a certification by that professional that the person meets the criteria specified in KRS 222.431, the court may order the person hospitalized for a period not to exceed seventy-two (72) hours if the court finds, …

psychiatric facility. When the court is authorized to issue an order that the respondent be transported to a hospital, the court may, or if the respondent fails to attend an examination scheduled before the hearing provided for in KRS 222.433 then the court shall, issue a summons…

The definitions in KRS 202A.011 and the procedures in KRS Chapter 202A apply to KRS 222.430 to 222.437 except where terms or procedures used therein are defined in KRS 222.005 or are otherwise provided for in KRS 222.430 to 222.437, respectively.

KRS 222.430 to 222.437 may be cited as the Matthew Casey Wethington Act for Substance Abuse Intervention.

minor hospitalized or treated involuntarily. (1) Notwithstanding any other law, a minor who suffers from a substance use disorder or emotional disturbance from the effects of a family member or legal guardian's substance use disorder or the parent or guardian of the minor may giv…

outcome effectiveness study. (1) As a requirement to receive state or federal funds, including Medicaid, a treatment center or program licensed as a chemical dependency treatment service pursuant to KRS 216B.042 or this chapter shall participate in an evaluation or client-outcome…

recovery services and programs operating within the Commonwealth -- Administrative regulations. (1) The Cabinet for Health and Family Services shall conduct a comprehensive review of all current state licensure and quality standards that apply to substance use disorder treatment …

(1) All inpatient, residential, or outpatient treatment centers or programs licensed as a chemical dependency treatment service pursuant to KRS 216B.042 or this chapter and receiving state or federal funds, shall participate in a client-outcome study conducted by the cabinet. Thi…

Chemical dependency treatment programs shall not be considered for receipt of state funds if they: (1) Do not submit reports as required by KRS 222.460; or (2) Do not cooperate in the submission of information that would allow the cabinet to conduct a scientific random sample sur…

The cabinet shall annually submit to the Governor and the General Assembly a treatment- center evaluation report. The report shall include, but not be limited to, the following information: (1) An inventory of all licensed chemical dependency treatment services in Kentucky; (2) T…

- Justice and Public Safety Cabinet, contractual powers -- Cabinet and Advisory Council, authority to promulgate administrative regulations. (1) The Advisory Council for Recovery Ready Communities is hereby created and shall be attached to the Office of Drug Control Policy within…

As used in KRS 222.500 to 222.510: (1) "Cabinet" means the Cabinet for Health and Family Services; (2) "Certifying organization" means: (a) The Kentucky Recovery Housing Network; (b) The National Alliance for Recovery Residences or their recognized affiliates; (c) Oxford House, I…

use disorder -- Exceptions. (1) (a) Effective July 1, 2024, no individual or entity shall, except as provided in paragraph (b) of this subsection and subsection (2) of this section, establish, operate, or maintain a recovery residence, recovery home, sober living residence, alcoh…

(1) The cabinet shall: (a) Require certified recovery residences to provide proof of certification at least annually; (b) Require certified recovery residences to notify the cabinet of any change in their certification status, including but not limited to a suspension or revocati…

medical and clinical services -- Exceptions. (1) A recovery residence shall: (a) Clearly disclose the following by inclusion in any advertising and by posting such a notice in a conspicuous location inside the residence: 1. Notice that the recovery residence is not a treatment fa…

residences -- Consideration of certified or recognized residences by courts -- Eligibility for state and federal funding. After June 30, 2024: (1) When referring an individual who is in need of recovery residency services, the following individuals and entities shall only refer i…

Nothing in KRS 222.500 to 222.510 shall be interpreted or construed to alter, amend, or otherwise infringe upon a local government's authority to regulate the use of property through properly enacted land use laws pursuant to KRS Chapter 100, rental property regulations, or any o…

(1) Any licensee or other person operating a private facility who fails to furnish any such data, statistics, schedules or information as required, or who files fraudulent returns thereof shall be subject to a fine of not more than five hundred dollars ($500). (2) Whoever knowing…