KRS 202C.010: Definitions for chapter. (Effective until October 1, 2026)

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

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

(2) "Commitment hearing" means the hearing under KRS 202C.040 to determine if a

respondent meets the criteria for involuntary commitment under this chapter;

(3) "Danger" means substantial physical harm or threat of substantial physical harm

upon self or others;

(4) "Evidentiary hearing" means the heari ng under KRS 202C.030 to determine if the

defendant committed the qualifying offense for which he or she was charged by a

preponderance of the evidence;

(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 s tate 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 the United

States equipped to provide residential care and treatment for mentally ill

persons or individuals with an intellectual disability;

(7) "Individual with an intellectual disability" means a person with significantly

subaverage general intellectual functioning existing concurrently with deficits in

adaptive behavior and manifested during the developmental period;

(8) "Judge" means the judge who found the respondent incompetent to stand trial in the

criminal proceeding from which the petition for involuntary commitment arose;

(9) "Less restrictive alternative mode of treatment" means a treatment given outside of

a forensic psychiatric facility which would provide a respondent with appropriate

treatment or care consistent with accepted professional practice standards and

protect the respondent's safety and the safety of others;

(10) "Mentally ill person" means a person with substantially impaire d 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;

(11) "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 Unit ed 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 eligible 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 psycholog ical 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 i n psychiatric nursing

and is 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 of mental health services

or a r egional community program for mental 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 outpatient 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 of

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 t hree (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 compan y engaged in providing

mental health 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 engag ed in providing

mental health services, 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 eligible 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 or 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 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 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 psychiat ric 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;

(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony

resulting in death or serious physical injury, or a violation of KRS 510.040 or

510.070;

(13) "Respondent" means a person who was a criminal defendant found incompetent to

stand trial who is or was the subject of a petition for involuntary commitment filed

under KRS Chapter 504;

(14) "Review hearing" means any hearing conducted to determine if a respondent

continues to meet the criteria for involuntary commitment after the initial order for

involuntary commitment has been issued under this chapter; and

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

Effective: April 1, 2021