Kentucky Statutes 202A.101 – Notification of receiving hospital or psychiatric facility — Transportation of patient
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(1) The court which orders any person to the receiving hospital or psychiatric facility, under the provisions of this chapter, shall at once notify the receiving hospital or psychiatric facility that such order has been made, advising of the sex and condition of the person.
(2) After the facility has been so notified, the court shall order the sheriff of the county or other peace officer to transport the patient within forty-eight (48) hours (excluding weekends and holidays) from the county in which the person is located to the hospital or psychiatric facility designated by the cabinet. 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.
(3) The transportation costs of transporting a person to a hospital or psychiatric facility, when performed by a peace officer, an ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with administrative regulation promulgated by the cabinet under the provisions of KRS Chapter 13A.
(4) In returning any patient to the county from which the patient is sent, the transportation cost of the sheriff or other peace officer, the ambulance service, or the other agency on contract with the cabinet transporting the patient shall be paid as provided in KRS § 202A.028(4), when necessary.
(5) Whenever an individual is involuntarily hospitalized by a court order the patient shall be transported to the hospital designated by the cabinet and accompanied by the following documents:
(a) A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS § 202A.041;
(b) The certificate of qualified mental health professionals; and
(c) The order of involuntary hospitalization.
(6) The hospital may refuse to receive any person who has been ordered to be involuntarily hospitalized by a court order if the papers presented with such person at the hospital do not comply with the provisions of this chapter or if it does not receive notification of the order of involuntary hospitalization as required by this chapter.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 7, effective July 15, 1994. — Created
1982 Ky. Acts ch. 445, sec. 20, effective July 1, 1982.
Legislative Research Commission Note (11/23/93). Prior references to the “department” in this statute were changed to “cabinet” pursuant to 1982 Ky. Acts. ch. 393, sec.
50(5), and KRS § 7.136(2).
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) After the facility has been so notified, the court shall order the sheriff of the county or other peace officer to transport the patient within forty-eight (48) hours (excluding weekends and holidays) from the county in which the person is located to the hospital or psychiatric facility designated by the cabinet. 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.
Terms Used In Kentucky Statutes 202A.101
- 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 - Psychiatric facility: means a crisis stabilization unit or any facility licensed by the cabinet and which provides inpatient, outpatient, psychosocial rehabilitation, emergency, and consultation and education services for the diagnosis and treatment of persons who have a mental illness. See Kentucky Statutes 202A.011
- Statute: A law passed by a legislature.
(3) The transportation costs of transporting a person to a hospital or psychiatric facility, when performed by a peace officer, an ambulance service, or other private agency on contract with the cabinet shall be paid by the cabinet in accordance with administrative regulation promulgated by the cabinet under the provisions of KRS Chapter 13A.
(4) In returning any patient to the county from which the patient is sent, the transportation cost of the sheriff or other peace officer, the ambulance service, or the other agency on contract with the cabinet transporting the patient shall be paid as provided in KRS § 202A.028(4), when necessary.
(5) Whenever an individual is involuntarily hospitalized by a court order the patient shall be transported to the hospital designated by the cabinet and accompanied by the following documents:
(a) A copy of the petition for involuntary hospitalization, unless hospitalization takes place pursuant to KRS § 202A.041;
(b) The certificate of qualified mental health professionals; and
(c) The order of involuntary hospitalization.
(6) The hospital may refuse to receive any person who has been ordered to be involuntarily hospitalized by a court order if the papers presented with such person at the hospital do not comply with the provisions of this chapter or if it does not receive notification of the order of involuntary hospitalization as required by this chapter.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 498, sec. 7, effective July 15, 1994. — Created
1982 Ky. Acts ch. 445, sec. 20, effective July 1, 1982.
Legislative Research Commission Note (11/23/93). Prior references to the “department” in this statute were changed to “cabinet” pursuant to 1982 Ky. Acts. ch. 393, sec.
50(5), and KRS § 7.136(2).
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.