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

202C.010 Definitions for chapter.

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.