KRS 202A.196: Hospital review committee -- Treatment plan.

(1) Every hospital approved under the provisions of this chapter shall have a review

committee of three (3) qualified mental health professionals appointed by the

hospital director. This review committee shall have the authority to review the

appropriateness of a patient's individual treatment plan.

(2) Upon the refusal of an involuntary patient to participate in any or all aspects of his

treatment plan, the review committee shall examine the appropriateness of the

patient's individual treatment plan. Within th ree (3) days of the refusal, the review

committee shall meet with the patient and his counsel or other representative to

discuss its recommendations.

(3) If the patient still refuses to participate in any or all aspects of his individual

treatment plan, th e hospital may petition the District Court for a de novo

determination of the appropriateness of the proposed treatment. Within seven (7)

days, the court shall conduct a hearing, consistent with the patient's rights to due

process of law, and shall utilize the following factors in reaching its determination:

(a) Whether the treatment is necessary to protect the patient or others from harm;

(b) Whether the patient is incapable of giving informed consent to the proposed

treatment;

(c) Whether any less restrictive alternative treatment exists; and

(d) Whether the proposed treatment carries any risk of permanent side effects.

(4) Upon the completion of the hearing, the court shall enter an appropriate judgment.