Kentucky Statutes 202A.202 – Transfer of mentally ill patients or patients with an intellectual disability between facilities
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(1) The cabinet may transfer mentally ill patients or patients with an intellectual disability between hospitals, between hospitals and forensic psychiatric facilities, between hospitals and residential treatment centers for individuals with an intellectual disability, between residential treatment centers for individuals with an intellectual disability, and between residential treatment centers for individuals with an intellectual disability and forensic psychiatric facilities. A transfer shall be made upon the mutual agreement of the administrative officer, the officer’s designated representative or an authorized staff physician of each facility, if the agreement is based upon one (1) of the following findings by the officers, representatives or physicians:
(a) That the transfer will improve the opportunities of the patient to receive care and treatment most likely to be of benefit to the patient;
(b) That the transfer will permit the patient to receive care and treatment in the least restrictive alternative mode of treatment, considering the degree of danger or threat of danger to self or others which the patient presents; or
(c) That the transfer is part of an individual treatment plan which has been reviewed and approved by a court.
(2) The patient or his guardian or designated family member prior to transfer, shall receive notice of said proposed transfer and shall be allowed to challenge the transfer as part of his individual treatment plan under the provisions of KRS
202A.191, 202A.196, and KRS § 210.270.
(3) In an emergency situation where the patient presents a danger of serious injury or death to self or others within the institution so as to require immediate transfer to a more secure facility and which condition cannot be treated or resolved within a reasonable period of time in the present facility, the secretary may immediately transfer the patient to a more secure facility while the appeal provisions described in subsection (2) of this section are being carried out. In this event counsel shall be provided to the patient within three (3) days.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 34, effective July 12, 2012. — Created
1988 Ky. Acts ch. 139, sec. 10, effective July 15, 1988.
(a) That the transfer will improve the opportunities of the patient to receive care and treatment most likely to be of benefit to the patient;
Terms Used In Kentucky Statutes 202A.202
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Authorized staff physician: means a physician who is a bona fide member of the hospital's medical staff. See Kentucky Statutes 202A.011
- Cabinet: means the Kentucky Cabinet for Health and Family Services. See Kentucky Statutes 202A.011
- 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.
- 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
(b) That the transfer will permit the patient to receive care and treatment in the least restrictive alternative mode of treatment, considering the degree of danger or threat of danger to self or others which the patient presents; or
(c) That the transfer is part of an individual treatment plan which has been reviewed and approved by a court.
(2) The patient or his guardian or designated family member prior to transfer, shall receive notice of said proposed transfer and shall be allowed to challenge the transfer as part of his individual treatment plan under the provisions of KRS
202A.191, 202A.196, and KRS § 210.270.
(3) In an emergency situation where the patient presents a danger of serious injury or death to self or others within the institution so as to require immediate transfer to a more secure facility and which condition cannot be treated or resolved within a reasonable period of time in the present facility, the secretary may immediately transfer the patient to a more secure facility while the appeal provisions described in subsection (2) of this section are being carried out. In this event counsel shall be provided to the patient within three (3) days.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 34, effective July 12, 2012. — Created
1988 Ky. Acts ch. 139, sec. 10, effective July 15, 1988.