Kentucky Statutes 202A.028 – Hospitalization by court order — Transportation — Release
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(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-two (72) hours, excluding weekends and holidays. For the purposes of this section, the qualified mental health professional shall be:
(a) A staff member of a regional community program for mental health or individuals with an intellectual disability;
(b) An individual qualified and licensed to perform the examination through the use of telehealth services; or
(c) The psychiatrist ordered, subject to the court’s discretion, to perform the required examination.
(2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding weekends and holidays, unless further held under the applicable provisions of this chapter.
(3) Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person’s home county by the sheriff of that county or other peace officer as ordered by the court. The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital. The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet, pursuant to KRS Chapter 13A.
(4) Any person released from the hospital under subsection (2) of this section shall be transported to the person’s county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person. The transportation cost of transporting the patient to the patient’s county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation issued by the cabinet pursuant to KRS Chapter 13A.
(5) No person who has been held under subsection (1) of this section shall be held in jail pending evaluation and transportation to the hospital.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 61, sec. 2, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 146, sec. 33, effective July 12, 2012. — Amended 2000 Ky. Acts ch. 487, sec. 1, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 498, sec. 2, effective July 15, 1994. — Created 1988 Ky. Acts ch. 139, sec. 3, effective July 15,
1988.
(a) A staff member of a regional community program for mental health or individuals with an intellectual disability;
Terms Used In Kentucky Statutes 202A.028
- Cabinet: means the Kentucky Cabinet for Health and Family Services. See Kentucky Statutes 202A.011
- Contract: A legal written agreement that becomes binding when signed.
- Hospital: means :
(a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the Kentucky Cabinet for Health and Family Services as equipped to provide full- time residential care and treatment for mentally ill persons or individuals with an intellectual disability. See Kentucky Statutes 202A.011 - Judge: means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5. See Kentucky Statutes 202A.011
- Qualified mental health professional: means :
(a) A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while engaged in the performance of official duties. See Kentucky Statutes 202A.011 - Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) An individual qualified and licensed to perform the examination through the use of telehealth services; or
(c) The psychiatrist ordered, subject to the court’s discretion, to perform the required examination.
(2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding weekends and holidays, unless further held under the applicable provisions of this chapter.
(3) Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be transported from the person’s home county by the sheriff of that county or other peace officer as ordered by the court. The sheriff or other peace officer may, upon agreement of a person authorized by the peace officer, authorize the cabinet, a private agency on contract with the cabinet, or an ambulance service designated by the cabinet to transport the person to the hospital. The transportation costs of the sheriff, other peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation promulgated by the cabinet, pursuant to KRS Chapter 13A.
(4) Any person released from the hospital under subsection (2) of this section shall be transported to the person’s county of discharge by a sheriff or other peace officer, by an ambulance service designated by the cabinet, or by other appropriate means of transportation which is consistent with the treatment plan of that person. The transportation cost of transporting the patient to the patient’s county of discharge when performed by a peace officer, ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with an administrative regulation issued by the cabinet pursuant to KRS Chapter 13A.
(5) No person who has been held under subsection (1) of this section shall be held in jail pending evaluation and transportation to the hospital.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 61, sec. 2, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 146, sec. 33, effective July 12, 2012. — Amended 2000 Ky. Acts ch. 487, sec. 1, effective July 14, 2000. — Amended 1994 Ky. Acts ch. 498, sec. 2, effective July 15, 1994. — Created 1988 Ky. Acts ch. 139, sec. 3, effective July 15,
1988.