KRS 202B.245: ICF/ID review committee -- Procedure when involuntary resident refuses

to participate in treatment plan.

(1) Every ICF/ID approved under the provisions of this chapter shall have a review

committee of three (3) qualified professionals in the area o f intellectual disabilities

appointed by the facility director. This review committee shall have the authority to

review the appropriateness of a resident's individual treatment plan.

(2) Upon the refusal of an involuntary resident to participate in any as pect of the

resident's treatment plan, the review committee shall examine the appropriateness of

the resident's individual treatment plan. Within three (3) days of the refusal, the

review committee shall meet with the resident and the resident's counsel or other

representative to discuss their recommendations.

(3) If the resident still refuses to participate in any aspect of the resident's individual

treatment plan, the ICF/ID may petition the District Court for a de novo

determination of the appropriatenes s of the proposed treatment. Within seven (7)

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

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

(a) Whether the treatment is necessar y to protect other residents or the resident

himself from harm;

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

treatment;

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

(d) Whether the proposed treatmen t carries any significant risk of permanent side

effects.

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

proposed treatment shall be authorized if supported by clear and convincing

evidence. If the court denies the I CF/ID the right to administer the treatment in

question, the ICF/ID may discharge the resident, unless an interdisciplinary team of

the ICF/ID determines that an alternative treatment is available and acceptable to

both the interdisciplinary team and the resident and would benefit the resident.