When individuals with an intellectual disability are involuntarily hospitalized under this chapter, the cabinet may place them in an ICF/ID. No individual with an intellectual disability may be involuntarily placed in a hospital without the consent of the secretary, except when the determination of concurrent mental illness is made under the provisions of KRS Chapter 202A. No individual with an intellectual disability may be involuntarily admitted to a hospital or ICF/ID when the cabinet determines that appropriate programs and space are not available.
Effective: July 12, 2012
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Terms Used In Kentucky Statutes 202B.030

  • Cabinet: means the Kentucky Cabinet for Health and Family Services. See Kentucky Statutes 202B.010
  • 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 202B.010
  • Individual with an intellectual disability: means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See Kentucky Statutes 202B.010
  • Secretary: shall mean the secretary of the Cabinet for Health and Family Services. See Kentucky Statutes 202B.010

History: Amended 2012 Ky. Acts ch. 146, sec. 40, effective July 12, 2012. — Amended
1990 Ky. Acts ch. 147, sec. 6, effective July 13, 1990. — Created 1976 Ky. Acts ch.
328, sec. 4.

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