202C.010 Definitions for chapter.
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/ky/chapter-202c/202c-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)"Cabinet" means the Kentucky Cabinet for Health and Family Services;
(2)"Commitment hearing" means the hearing under KRS 202C.040 to determine if
a respondent meets the criteria for involuntary commitment under this chapter;
(3)"Danger" means substantial physical harm or threat of substantial physical
harm upon self or others;
(4)"Evidentiary hearing" means the hearing under KRS 202C.030 to determine if
the defendant committed the qualifying offense for which he or she was
charged by a preponderance of the evidence;
(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; or
(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)"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;
(8)"Judge" means the judge who found the respondent incompetent to stand trial
in the criminal proceeding from which the petition for involuntary commitment
arose;
(9)"Less restrictive alternative mode of treatment" means a treatment given
outside of a forensic psychiatric facility which would provide a respondent with
appropriate treatment or care consistent with accepted professional practice
standards and protect the respondent's safety and the safety of others;
(10)"Mentally ill person" means a person with substantially impaired capacity to
use self-control, judgment, or discretion in the conduct of the person's affairs
and social relations, associated with maladaptive behavior or recognized
emotional symptoms where impaired capacity, maladaptive behavior, or
emotional symptoms can be related to physiological, psychological, or social
factors;
(11)"Qualified mental health professional" 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 psychiatrist 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 practice of official duties, who is certified or eligible
to apply for certification by the American Board of Psychiatry and
Neurology, Inc.;
(c)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;
(d)A licensed registered nurse with a master's degree in psychiatric nursing
from an accredited institution and two
(2)years of clinical experience with
mentally ill persons, or a licensed registered nurse, with a bachelor's
degree in nursing from an accredited institution, who is certified as a
psychiatric and mental health nurse by the American Nurses Association
and who has three
(3)years of inpatient or outpatient clinical experience
in psychiatric nursing and is currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of
a general hospital or a private agency or company engaged in the
provision of mental health services or a regional community program for
mental health and individuals with an intellectual disability;
(e)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 three
(3)years of inpatient or outpatient clinical experience
in psychiatric social work and currently employed by a hospital or forensic
psychiatric facility licensed by the Commonwealth or a psychiatric unit of
a general hospital or a private agency or company engaged in the
provision of mental health services or a regional community program for
mental health and individuals with an intellectual disability;
(f)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 and individuals with an intellectual disability;
(g)A professional counselor credentialed under the provisions of KRS
Chapter 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 and individuals with an intellectual disability; or
(h)A physician assistant licensed under KRS 311.840 to 311.862, who
meets one
(1)of the following requirements:
1. Provides documentation that he or she has completed a psychiatric
residency program for physician assistants;
2. Has completed at least one thousand (1,000) hours of clinical
experience under a supervising physician, as defined by KRS
311.840, who is a psychiatrist and is certified or eligible for
certification by the American Board of Psychiatry and Neurology,
Inc.;
3. Holds a master's degree from a physician assistant program
accredited by the Accreditation Review Commission on Education
for the Physician Assistant or its predecessor or successor
agencies, is practicing under a supervising physician as defined by
KRS 311.840, and:
a. Has two
(2)years of clinical experience in the assessment,
evaluation, and treatment of mental disorders; or
b. Has been employed by a hospital or forensic psychiatric facility
licensed by the Commonwealth or a psychiatric unit of a
general hospital or a private agency or company engaged in
the provision of mental health services or a regional community
program for mental health and individuals with an intellectual
disability for at least two
(2)years; or
4. Holds a bachelor's degree, possesses a current physician assistant
certificate issued by the board prior to July 15, 2002, is practicing
under a supervising physician as defined by KRS 311.840, and:
a. Has three
(3)years of clinical experience in the assessment,
evaluation, and treatment of mental disorders; or
b. Has been employed by a hospital or forensic psychiatric facility
licensed by the Commonwealth or a psychiatric unit of a
general hospital or a private agency or company engaged in
the provision of mental health services or a regional community
program for mental health and individuals with an intellectual
disability for at least three
(3)years;
(12)"Qualifying offense" means a capital offense, a Class A felony, a Class B
felony resulting in death or serious physical injury, or a violation of KRS
510.040 or 510.070;
(13)"Respondent" means a person who was a criminal defendant found
incompetent to stand trial who is or was the subject of a petition for involuntary
commitment filed under KRS Chapter 504;
(14)"Review hearing" means any hearing conducted to determine if a respondent
continues to meet the criteria for involuntary commitment after the initial order
for involuntary commitment has been issued under this chapter; and
(15)"Secretary" means the secretary of the Cabinet for Health and Family Services.