(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 give consent to the furnishing of medical care or counseling related to the assessment or treatment of the conditions. The consent of the minor shall be valid as if the minor had achieved majority. No person or facility shall incur liability by reason of having made a diagnostic examination or rendered treatment as provided in this section, but the immunity shall not apply to any negligent acts or omissions.
(2) A minor hospitalized or treated without the minor’s consent but with the consent of the parent or guardian may petition the District Court to determine whether the minor is suffering from a substance use disorder and whether the treatment is necessary for the health and welfare of the minor.

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Terms Used In Kentucky Statutes 222.441

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Substance use disorder: means a cluster of cognitive, behavioral, and physiological symptoms indicating that the individual continues using the substance despite significant substance-related problems. See Kentucky Statutes 222.005
  • Treatment: includes those services provided by the cabinet in KRS §. See Kentucky Statutes 222.005

Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 128, sec. 23, effective June 27, 2019. — Created
1994 Ky. Acts ch. 334, sec. 9, effective July 15, 1994.