Kentucky Statutes 202B.270 – Convalescent leave status
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(1) A physician may release a resident on convalescent leave status when the interdisciplinary team concludes that the resident would not present a danger or a threat of danger to self, family, or others if provided with continued medical supervision in a less restrictive alternative mode of treatment. Release on convalescent leave status does not terminate a court admission order and shall include provisions for the development of a treatment plan jointly by the ICF/ID and by a provider of outpatient care for follow-up care by the provider and for the continual monitoring of that resident’s condition by the provider.
(2) The ICF/ID from which the resident is given convalescent leave status may at any time readmit the resident without additional court proceedings. If there is reason to believe that it is in the best interest of the resident to be readmitted, the secretary or an authorized staff physician of the ICF/ID may issue an order for the immediate readmission of the resident. The order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the resident resides or is present, authorize any peace officer to take the resident into custody and transport the person to the responsible ICF/ID. Notice of readmission under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the readmission if possible.
(3) Release on convalescent leave status shall not apply to persons held under admission orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 58, effective July 12, 2012. — Created
1990 Ky. Acts ch. 147, sec. 26, effective July 13, 1990.
(2) The ICF/ID from which the resident is given convalescent leave status may at any time readmit the resident without additional court proceedings. If there is reason to believe that it is in the best interest of the resident to be readmitted, the secretary or an authorized staff physician of the ICF/ID may issue an order for the immediate readmission of the resident. The order, if not voluntarily complied with, shall, upon the endorsement by a judge of any court of the county in which the resident resides or is present, authorize any peace officer to take the resident into custody and transport the person to the responsible ICF/ID. Notice of readmission under this section shall be given to the originating court as soon as practicable and simultaneously with the order directing the readmission if possible.
Terms Used In Kentucky Statutes 202B.270
- Authorized staff physician: means a person who is employed as a physician of an
ICF/ID. See Kentucky Statutes 202B.010 - Interdisciplinary team: means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the resident. See Kentucky Statutes 202B.010
- 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 202B.010
- Resident: means a person under care or treatment in an ICF/ID pursuant to the provisions of this chapter. See Kentucky Statutes 202B.010
- Secretary: shall mean the secretary of the Cabinet for Health and Family Services. See Kentucky Statutes 202B.010
- 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 admission orders arising out of KRS Chapter 504 unless consent of the appropriate court is obtained.
Effective: July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 58, effective July 12, 2012. — Created
1990 Ky. Acts ch. 147, sec. 26, effective July 13, 1990.