KRS 202A.0803: Failure to comply with court order -- Emergency admission --

Transportation. (Effective October 1, 2026)

(1) A person's substantial failure to comply with a court order for community -based

outpatient treatment may constitute presumptive ground s for the court or an

authorized staff physician to order a seventy-two (72) hour emergency admission to

allow for reexamination of the person to determine whether he or she meets the

criteria for involuntary hospitalization under KRS 202A.026.

(2) (a) Failure to comply with an order for community -based outpatient treatment

shall not be grounds to find the person in contempt of court but shall be prima

facie evidence that:

1. The person can benefit from inpatient hospitalization; and

2. Inpatient hospitalization is the least restrictive mode of treatment.

(b) If a new petition for involuntary hospitalization is filed within twelve (12)

months of an order for community-based outpatient treatment, the clerk of the

court shall provide the prior order to:

1. The court with the petition for involuntary hospitalization; and

2. The qualified mental health professional along with the court's order for

examination.

(c) The qualified mental health professional who condu cts the examination as

described under paragraph (b)2. of this subsection shall independently

evaluate the person, considering the person's prior order for community -based

outpatient treatment, and certify whether he or she meets the criteria for

involuntary hospitalization under KRS 202A.026.

(d) A person shall not be involuntarily hospitalized based solely on his or her

failure to comply with a prior order for community -based outpatient

treatment.

(3) (a) Any person admitted to a hospital under subsection (1) of this section or

transferred to a hospital while ordered hospitalized under subsection (1) of

this section shall be transported from the person's home county by the sheriff

of that county or other peace officer as ordered by the court.

(b) The sheriff or other peace officer may, upon agreement of a person authorized

by the peace officer, authorize the cabinet, a private agency on contract with

the cabinet, or an ambulance service designated by the cabinet to transport the

person to the hospital.

(c) The transportation costs of the sheriff, other peace officer, ambulance service,

or other private agency on contract with the cabinet shall be paid by the

cabinet in accordance with an administrative regulation promulgated by the

cabinet in accordance with KRS Chapter 13A.

(4) (a) Any person released from the hospital under subsection (1) of this section

shall be transported to the person's county of discharge by a sheriff or other

peace officer, by an ambulance service designated by the cabinet, or by othe r

appropriate means of transportation which is consistent with the treatment

plan of that person.

(b) The transportation cost of transporting the patient to the patient's county of

discharge when performed by a peace officer, ambulance service, or other

private agency on contract with the cabinet shall be paid by the cabinet in

accordance with an administrative regulation promulgated by the cabinet in

accordance with KRS Chapter 13A.