KRS § 202B.010 — KY Code / Title XVII / Chapter 202B / Section 202B.010
202B.010 Definitions for chapter
Status: in_force

202B.010 Definitions for chapter.

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.