KRS 202A.011: Definitions for chapter. (Effective until October 1, 2026)

As used in this chapter, unless the context otherwise requires:

(1) "Authorized staff physician" means a physician who is a bona fide member of the

hospital's medical staff;

(2) "Cabinet" means the Kentucky Cabinet for Health and Family Services;

(3) "Contract mental health evaluator" means a qualified mental health professional

who is employed by or under contract with a community mental health center, crisis

stabilization unit, m ental institution, or any other facility designated by the

secretary to provide mental health evaluations to determine whether an individual

meets the criteria for involuntary hospitalization;

(4) "Danger" or "threat of danger to self, family, or others" m eans 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; or

(b) A hospital, institution, or health -care facility of the government of t he 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 which will

give a mentally ill individu al a realistic opportunity to improve the individual's

level of functioning, consistent with accepted professional practice in the least

confining setting available;

(9) "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;

(10) "Patient" means a person under observation, care, or treatment in a hospital

pursuant to the provisions of this chapter;

(11) "Petitioner" means a person who institutes a proceeding under this chapter;

(12) "Psychiatric facility" means a crisis stabilization unit or any facility licensed by the

cabinet and which provides inpatient, outpatient, psychosocial rehabilitation,

emergency, and consultation and education services for the diagnosis and treatment

of persons who have a mental illness;

(13) "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 eligib le 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 curre ntly 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 ment al 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 ou tpatient 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 o f

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 out patient 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 heal th 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 serv ices, 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 e ligible 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 o r 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 forensi c 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 inte llectual 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;

(14) "Residence" means legal residence as determi ned by applicable principles

governing conflicts of law;

(15) "Respondent" means a person alleged in a hearing under this chapter to be a

mentally ill person or an individual with an intellectual disability; and

(16) "Secretary" means the secretary of the Cabinet for Health and Family Services.

Effective: July 15, 2024