202A.028 Hospitalization by court order -- Transportation -- Release.

411 words·~2 min read·/ky/chapter-202a/202a-028

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Following an examination by a qualified mental health professional and a

certification by that professional that the person meets the criteria for involuntary

hospitalization, a judge may order the person hospitalized for a period not to exceed

seventy-two

(72)hours, excluding weekends and holidays. For the purposes of this

section, the qualified mental health professional shall be:

(a)A staff member of a regional community program for mental health or

individuals with an intellectual disability;

(b)An individual qualified and licensed to perform the examination through the

use of telehealth services; or

(c)The psychiatrist ordered, subject to the court's discretion, to perform the

required examination.

(2)Any person who has been admitted to a hospital under subsection

(1)of this section

shall be released from the hospital within seventy-two

(72)hours, excluding

weekends and holidays, unless further held under the applicable provisions of this

chapter.

(3)Any person admitted to a hospital under subsection

(1)of this section or transferred

to a hospital while ordered hospitalized under subsection

(1)of this section shall be

transported from the person's home county by the sheriff of that county or other

peace officer as ordered by the court. 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. The transportation costs of the

sheriff, other peace officer, ambulance service, or other private agency on contract

with the cabinet shall be paid by the cabinet in accordance with an administrative

regulation promulgated by the cabinet, pursuant to KRS Chapter 13A.

(4)Any person released from the hospital under subsection

(2)of this section shall be

transported to the person's county of discharge by a sheriff or other peace officer, by

an ambulance service designated by the cabinet, or by other appropriate means of

transportation which is consistent with the treatment plan of that person. The

transportation cost of transporting the patient to the patient's county of discharge

when performed by a peace officer, ambulance service, or other private agency on

contract with the cabinet shall be paid by the cabinet in accordance with an

administrative regulation issued by the cabinet pursuant to KRS Chapter 13A.

(5)No person who has been held under subsection

(1)of this section shall be held in

jail pending evaluation and transportation to the hospital.