202B.010 Definitions for chapter.
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/ky/chapter-202b/202b-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter, unless the context otherwise requires:
(1)"Authorized staff physician" means a person who is employed as a physician of an
ICF/ID;
(2)"Interdisciplinary team" means the group of persons responsible for the diagnosis,
evaluation, and individualized program planning and service implementation for the
resident. The team is composed of a physician, a psychologist, a registered nurse, a
social worker, and other professionals, at least one
(1)of whom is a qualified
professional in the area of intellectual disabilities, and may include the resident, the
resident's family, or the guardian;
(3)"Cabinet" means the Kentucky Cabinet for Health and Family Services;
(4)"Danger" or "threat of danger to self, family, or others" means substantial physical
harm or threat of substantial physical harm upon self, family, or others, including
actions which deprive self, family, or others of the basic means of survival
including provision for reasonable shelter, food, or clothing;
(5)"Forensic psychiatric facility" means a mental institution or facility, or part thereof,
designated by the secretary for the purpose and function of providing inpatient
evaluation, care, and treatment for mentally ill persons or individuals with an
intellectual disability who have been charged with or convicted of a felony;
(6)"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;
(b)A hospital, institution, or health-care facility of the government of the United
States equipped to provide residential care and treatment for mentally ill
persons or individuals with an intellectual disability;
(7)"Judge" means any judge or justice of the Court of Justice or a trial commissioner of
the District Court acting under authority of SCR 5.030;
(8)"Least restrictive alternative mode of treatment" means that treatment given in the
least confining setting which will provide an individual with an intellectual
disability appropriate treatment or care consistent with accepted professional
practice. For purposes of this section, least restrictive alternative mode of treatment
may include an institutional placement;
(9)"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;
(10)"ICF/ID" means an intermediate-care facility approved by the cabinet for the
evaluation, care, and treatment of individuals with an intellectual disability;
(11)"Petitioner" means a person who institutes a proceeding under this chapter;
(12)"Qualified professional in the area of intellectual disabilities" means:
(a)A physician licensed under the laws of Kentucky to practice medicine or
osteopathy, or a medical officer of the government of the United States while
engaged in the performance of official duties;
(b)A psychologist with the health service provider designation, a psychological
practitioner, a certified psychologist, or a psychological associate licensed
under the provisions of KRS Chapter 319;
(c)A licensed registered nurse with a master's degree in psychiatric nursing from
an accredited institution and two
(2)years of clinical experience of which one
(1)year is with individuals with an intellectual disability; or a licensed
registered nurse, with a bachelor's degree in nursing from an accredited
institution, who has three
(3)years of inpatient or outpatient clinical
experience of which one
(1)year is in the field of individuals with an
intellectual disability and is currently employed by an ICF/ID licensed by the
cabinet, a hospital, a regional community program for mental health or
individuals with an intellectual disability, or a private agency or company
engaged in the provision of services to individuals with an intellectual
disability;
(d)A licensed clinical social worker licensed under the provisions of KRS
335.100, or a certified social worker licensed under the provisions of KRS
335.080 with two
(2)years of inpatient or outpatient clinical experience in
social work of which one
(1)year shall be in the field of individuals with an
intellectual disability and is currently employed by an ICF/ID licensed by the
cabinet, a hospital, a regional community program for mental health or
individuals with an intellectual disability, or a private agency or company
engaged in the provision of services to individuals with an intellectual
disability;
(e)A marriage and family therapist licensed under the provisions of KRS 335.300
to 335.399 with three
(3)years of inpatient or outpatient clinical experience in
psychiatric mental health practice and currently employed by a hospital or
forensic facility licensed by the Commonwealth, a psychiatric unit of a general
hospital, a private agency or company engaged in providing mental health
services, or a regional community program for mental health or individuals
with an intellectual disability; or
(f)A professional counselor credentialed under the provisions of KRS 335.500 to
335.599 with three
(3)years of inpatient or outpatient clinical experience in
psychiatric mental health practice and currently employed by a hospital or
forensic facility licensed by the Commonwealth, a psychiatric unit of a general
hospital, a private agency or company engaged in providing mental health
services, or a regional community program for mental health or individuals
with an intellectual disability;
(13)"Residence" means legal residence as determined by applicable principles
governing conflicts of law;
(14)"Resident" means a person under care or treatment in an ICF/ID pursuant to the
provisions of this chapter;
(15)"Respondent" means a person alleged in a hearing under this chapter to be an
individual with an intellectual disability; and
(16)"Secretary" shall mean the secretary of the Cabinet for Health and Family Services.