645.170 Hospital review committee -- Review of patient's individual treatment
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/ky/645-170A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
plan.
(1)Every hospital which treats children under this chapter shall have a review
committee of three
(3)qualified mental health professionals appointed by the
hospital director. The review committee shall have the authority to review the
appropriateness of a patient's individual treatment plan.
(2)Upon the written refusal of an involuntary patient to participate in any or all aspects
of his treatment plan, the review committee shall examine the appropriateness of the
patient's individual treatment plan. After a patient refuses to participate in his
treatment plan and until his disagreement with the plan has been resolved, the
hospital may administer only that treatment which the treating physician determines
is necessary to protect the patient from harming himself or others. Within three
days, exclusive of weekends and holidays, of the refusal, the review committee shall
meet with the patient and his counsel or court-designated worker to discuss their
recommendations.
(3)If the patient still refuses to participate in any or all aspects of his individual
treatment plan, the hospital may petition the District Court for a de novo
determination of the appropriateness of the proposed treatment. Within seven
days of the filing of the hospital's petition, excluding weekends and holidays, the
court shall conduct a hearing, consistent with the patient's right to due process of
law, and shall consider all factors in reaching its determination, including but not
limited to:
(a)Whether the treatment is necessary to protect other patients or the patient
himself from harm;
(b)Whether the patient is incapable of giving informed consent to the proposed
treatment;
(c)Whether any less restrictive alternative treatment is available;
(d)Whether the proposed treatment carries any risk of permanent side effects; and
(e)Whether the proposed treatment is likely to improve the patient's condition.
(4)Upon the completion of the hearing, the court shall, considering the proof and from
a preponderance of the evidence finding that the factors listed in subsection
(3)of
this section have been established, enter an appropriate judgment, enumerating the
factors found to exist, which judgment shall be considered final for purposes of
appeal. No court shall consent to psychosurgery or electroshock therapy nor shall it
order such treatment. If the court denies the hospital the right to administer the
treatment in question, the hospital may discharge the child.