Kentucky Statutes 202A.181 – Convalescent leave status
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(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 alternative mode of treatment. Release on convalescent leave status shall include notification to the hospitalizing court. Release on convalescent leave status does not terminate the involuntary hospitalization order and shall include provisions for the development of a treatment plan jointly by the hospital and by a provider of outpatient care for follow-up care by the provider and for the continual monitoring of that patient’s condition by the provider.
(2) The hospital from which such patient is given convalescent leave status may at any time readmit the patient without additional court proceedings. If there is reason to believe that it is to the best interest of the patient to be rehospitalized, the secretary or an authorized staff physician of the hospital may issue an order for the immediate rehospitalization of the patient. Such an order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the patient is a resident or is present, authorize any health or police officer to take the patient into custody and transport him to the responsible hospital. Notice of rehospitalization under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the rehospitalization if possible.
(3) Release on convalescent leave status shall not apply to persons held under hospitalization orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 139, sec. 9, effective July 15, 1988. — Created
1982 Ky. Acts ch. 445, sec. 23, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982.” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.
(2) The hospital from which such patient is given convalescent leave status may at any time readmit the patient without additional court proceedings. If there is reason to believe that it is to the best interest of the patient to be rehospitalized, the secretary or an authorized staff physician of the hospital may issue an order for the immediate rehospitalization of the patient. Such an order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the patient is a resident or is present, authorize any health or police officer to take the patient into custody and transport him to the responsible hospital. Notice of rehospitalization under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the rehospitalization if possible.
Terms Used In Kentucky Statutes 202A.181
- Authorized staff physician: means a physician who is a bona fide member of the hospital's medical staff. See Kentucky Statutes 202A.011
- 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
- Secretary: means the secretary of the Cabinet for Health and Family Services. 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
(3) Release on convalescent leave status shall not apply to persons held under hospitalization orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained.
Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 139, sec. 9, effective July 15, 1988. — Created
1982 Ky. Acts ch. 445, sec. 23, effective July 1, 1982.
Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: “This Act shall become effective on July 1, 1982.” The Ky. Constitution, in Section 55, requires that a reason be set forth for the emergency. However, no reason is set forth in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.