AN ACT relating to involuntary commitment.

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AN ACT relating to involuntary commitment. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 202C.010 is amended to read as follows: 3
As used in this chapter, unless the context otherwise requires: 4
(1) "Cabinet" means the Kentucky Cabinet for Health and Family Services; 5
(2) "Commitment hearing" means the hearing under KRS 2 02C.040 to determine if a 6
respondent meets the criteria for involuntary commitment under this chapter; 7
(3) "Danger" means substantial physical harm or threat of substantial physical harm 8
upon self or others; 9
(4) "Evidentiary hearing" means the hearing under KRS 202C.030 to determine if the 10
defendant committed the qualifying offense for which he or she was charg ed by a 11
preponderance of the evidence; 12
(5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, 13
designated by the secretary for the purpose and function of providing inpatient 14
evaluation, care, and treatment for mentally ill persons or individuals with an 15
intellectual disability who have been charged with or convicted of a felony; 16
(6) "Hospital" means: 17
(a) A state mental hospital or institution or other licensed public or private 18
hospital, institution, health -care facilit y, or part thereof, approved by the 19
cabinet[Kentucky Cabinet for Health and Family Services] as equipped to 20
provide full -time residential care and treatment for mentally ill persons or 21
individuals with an intellectual disability; or 22
(b) A hospital, institution, or health-care facility of the government of the United 23
States equipped to provide residential care and treatment for mentally ill 24
persons or individuals with an intellectual disability; 25
(7) "Individual with an intellectual disability" means a person with significantly 26
subaverage general intellectual functioning existing concurrently with deficits in 27
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adaptive behavior and manifested during the developmental period; 1
(8) "Judge" means the judge who found the respondent incompetent to stand trial in the 2
criminal proceeding from which the petition for involuntary commitment arose; 3
(9) "Less restrictive alternative mode of treatment" means a treatment given outside of 4
a forensic psychiatric facility which would provide a respondent with appropriate 5
treatment or care consistent with accepted professional practice standards and 6
protect the respondent's safety and the safety of others; 7
(10) "Mentally ill person" means a person with substantially impaired capacity to use 8
self-control, judgment, or discretion in the conduct of the person's affairs and social 9
relations, associated with maladaptive behavior or recognized emotional symptoms 10
where impaired capacity, maladaptive behavior, or emotional symptoms can be 11
related to physiological, psychological, or social factors; 12
(11) "Qualified mental health professional" means: 13
(a) A physician licensed under the laws of Kentucky to practice medicine or 14
osteopathy, or a medical officer of the government of the United States while 15
engaged in the performance of official duties; 16
(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 17
osteopathy, or a medical officer of the government of the United States while 18
engaged in the practice of official duties, who is certified or eligible to apply 19
for certification by the American Board of Psychiatry and Neurology, Inc.; 20
(c) A psychologist with the health service provider designation, a psychological 21
practitioner, a certified psychologist, or a psychological associate, licensed 22
under [the provisions of ]KRS Chapter 319; 23
(d) A licensed registered nurse with: 24
1. A master's degree in psychiatric nursing from an accredited institution 25
and two (2) years of clinical experience with mentally ill persons;[,] or 26
2. [a licensed registered nurse, with ] A bachelor's degree i n nursing from 27
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an accredited institution, who: 1
a. Is certified as a psychiatric and mental health nurse by the 2
American Nurses Association;[ and who] 3
b. Has three (3) years of inpatient or outpatient clinical experience in 4
psychiatric nursing; and 5
c. Is currently employed by: 6
i. A hospital or forensic psychiatric facility licensed by the 7
Commonwealth;[ or] 8
ii. A psychiatric unit of a general hospital;[ or] 9
iii. A private agency or company engaged in the provision of 10
mental health services; or 11
iv. A regional community program for mental health and 12
individuals with an intellectual disability; 13
(e) A licensed clinical social worker licensed under [the provisions of ] KRS 14
335.100, or a certified social worker licensed under [the provisions of ] KRS 15
335.080 with thr ee (3) years of inpatient or outpatient clinical experience in 16
psychiatric social work and currently employed by a hospital or forensic 17
psychiatric facility licensed by the Commonwealth or a psychiatric unit of a 18
general hospital or a private agency or com pany engaged in the provision of 19
mental health services or a regional community program for mental health and 20
individuals with an intellectual disability; 21
(f) A marriage and family therapist licensed under [the provisions of ] KRS 22
335.300 to 335.399 with th ree (3) years of inpatient or outpatient clinical 23
experience in psychiatric mental health practice and currently employed by a 24
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 25
of a general hospital, a private agency or company engaged in providing 26
mental health services, or a regional community program for mental health 27
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and individuals with an intellectual disability; 1
(g) A professional counselor credentialed under [the provisions of ] KRS Chapter 2
335.500 to 335.599 with three (3) years of inpatient or outpatient clinical 3
experience in psychiatric mental health practice and currently employed by a 4
hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 5
of a general hospital, a private agency or company engaged in providing 6
mental health services, or a regional community program for mental health 7
and individuals with an intellectual disability; or 8
(h) A physician assistant licensed under KRS 311.840 to 311.862, who m eets one 9
(1) of the following requirements: 10
1. Provides documentation that he or she has completed a psychiatric 11
residency program for physician assistants; 12
2. Has completed at least one thousand (1,000) hours of clinical experience 13
under a supervising phy sician, as defined by KRS 311.840, who is a 14
psychiatrist and is certified or eligible for certification by the American 15
Board of Psychiatry and Neurology, Inc.; 16
3. Holds a master's degree from a physician assistant program accredited 17
by the Accreditation R eview Commission on Education for the 18
Physician Assistant or its predecessor or successor agencies, is 19
practicing under a supervising physician as defined by KRS 311.840, 20
and: 21
a. Has two (2) years of clinical experience in the assessment, 22
evaluation, and treatment of mental disorders; or 23
b. Has been employed by a hospital or forensic psychiatric facility 24
licensed by the Commonwealth or a psychiatric unit of a general 25
hospital or a private agency or company engaged in the provision 26
of mental health services or a regional community program for 27
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mental health and individuals with an intellectual disability for at 1
least two (2) years; or 2
4. Holds a bachelor's degree, possesses a current physician assistant 3
certificate issued by the board prior to July 15, 2002, i s practicing under 4
a supervising physician as defined by KRS 311.840, and: 5
a. Has three (3) years of clinical experience in the assessment, 6
evaluation, and treatment of mental disorders; or 7
b. Has been employed by a hospital or forensic psychiatric facilit y 8
licensed by the Commonwealth or a psychiatric unit of a general 9
hospital or a private agency or company engaged in the provision 10
of mental health services or a regional community program for 11
mental health and individuals with an intellectual disability f or at 12
least three (3) years; 13
(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony 14
resulting in death or serious physical injury, or a felony offense under KRS 15
Chapter 510[violation of KRS 510.040 or 510.070]; 16
(13) "Respondent" means a person who was a criminal defendant found incompetent to 17
stand trial who is or was the subject of a petition for involuntary commitment filed 18
under KRS Chapter 504; 19
(14) "Review hearing" means any hearing conducted to determine if a respondent 20
continues to meet the criteria for involuntary commitment after the initial order for 21
involuntary commitment has been issued under this chapter; and 22
(15) "Secretary" means the secretary of the Cabinet for Health and Family Services. 23