KRS 202A.202: Transfer of mentally ill patients or patients with an intellectual disability

between facilities.

(1) The cabinet may transfer mentally ill patients or patients with an intellectual

disability between hospitals, between hospitals and forensic psych iatric facilities,

between hospitals and residential treatment centers for individuals with an

intellectual disability, between residential treatment centers for individuals with an

intellectual disability, and between residential treatment centers for individuals with

an intellectual disability and forensic psychiatric facilities. A transfer shall be made

upon the mutual agreement of the administrative officer, the officer's designated

representative or an authorized staff physician of each facility, if th e agreement is

based upon one (1) of the following findings by the officers, representatives or

physicians:

(a) That the transfer will improve the opportunities of the patient to receive care

and treatment most likely to be of benefit to the patient;

(b) That the transfer will permit the patient to receive care and treatment in the

least restrictive alternative mode of treatment, considering the degree of

danger or threat of danger to self or others which the patient presents; or

(c) That the transfer is pa rt of an individual treatment plan which has been

reviewed and approved by a court.

(2) The patient or his guardian or designated family member prior to transfer, shall

receive notice of said proposed transfer and shall be allowed to challenge the

transfer as part of his individual treatment plan under the provisions of KRS

202A.191, 202A.196, and KRS 210.270.

(3) In an emergency situation where the patient presents a danger of serious injury or

death to self or others within the institution so as to requir e immediate transfer to a

more secure facility and which condition cannot be treated or resolved within a

reasonable period of time in the present facility, the secretary may immediately

transfer the patient to a more secure facility while the appeal provisions described in

subsection (2) of this section are being carried out. In this event counsel shall be

provided to the patient within three (3) days.