KRS § 222.423 — KY Code / Title XVIII / Chapter 222 / Section 222.423
222.423 Transportation of residents who leave substance use disorder program or recovery residence -- Procedures -- Exemption
Status: in_force

222.423 Transportation of residents who leave substance use disorder program or

recovery residence -- Procedures -- Exemption.

(1) Except where prohibited by federal law, any substance use disorder program that is

authorized or regulated under this chapter or holds a chemical dependency

treatment services license under KRS 222.231 that was issued in accordance with

KRS 216B.042, or a recovery residence as defined in KRS 222.500, shall, for any

resident who wishes to leave the treatment program, either:

(a) Obtain agreement from the resident's family member, guardian, or emergency

contact to personally transport the resident within twenty-four (24) hours; or

(b) Make available transportation services.

(2) Transportation services may include providing the resident access to:

(a) A ride-sharing service and purchasing a one (1) way service to:

1. A specific address in the resident's hometown of record; or

2. The city hall in the resident's hometown of record;

(b) Public transportation, including but not limited to transporting the resident to

the nearest commercial bus station and purchasing a ticket to the resident's

hometown of record; or

(c) Other transportation to a safe place as determined by the facility to be

therapeutically appropriate.

(3) The facilities described in subsection (1) of this section and law enforcement

officers shall only transport residents leaving the facility to public transportation

locations, the location to meet the driver of a ride-sharing service, or other safe

place as determined by the facility to be therapeutically appropriate.

(4) (a) If a resident required by court order to attend a treatment facility described in

subsection (1) of this section leaves the facility prior to court approval or prior

to completing the conditions of the court order, the treatment facility shall

notify the court, Commonwealth's or county attorney, local law enforcement,

and emergency contact or court-designated individual of the resident's exit if

permitted by:

1. The Health Insurance Portability and Accountability Act of 1996, Pub.

L. No. 104-191;

2. 42 C.F.R. pt. 2; and

3. Other applicable state and federal patient privacy laws.

(b) A probation officer or peace officer, acting on information provided by a

treatment facility under paragraph (a) of this subsection, who observes the

resident violate the terms of his or her probation, conditional discharge, or

release, or violate the terms of any court order may arrest the resident without

a warrant and incarcerate the resident until the judge who made the initial

court order holds a hearing on the resident's violation of that court order.

(5) Any substance use disorder program that is authorized or regulated under this

chapter or that holds a chemical dependency treatment services license under KRS

222.231 that was issued in accordance with KRS 216B.042, or a recovery residence

as defined in KRS 222.500, shall provide full disclosure of the specific services

provided by the substance use disorder program to any potential patients and in any

advertisements or other solicitations.

(6) A facility that does not hold a chemical dependency treatment services license

under KRS 222.231 that was issued in accordance with KRS 216B.042, is not a

substance use disorder program that is authorized or regulated under this chapter,

and is not a recovery residence as defined in KRS 222.500 shall be exempt from

this section.