KRS 645.170: Hospital review committee -- Review of patient's individual treatment

plan.

(1) Every hospital which treats children under this chapter shall have a review

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

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

appropriateness of a patient's individual treatment plan.

(2) Upon the written 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. Af ter a patient refuses to participate in his

treatment plan and until his disagreement with the plan has been resolved, the

hospital may administer only that treatment which the treating physician determines

is necessary to protect the patient from harming himself or others. Within three (3)

days, exclusive of weekends and holidays, of the refusal, the review committee shall

meet with the patient and his counsel or court -designated worker to discuss their

recommendations.

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

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

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

days of the filing of the hospital's petition, e xcluding weekends and holidays, the

court shall conduct a hearing, consistent with the patient's right to due process of

law, and shall consider all factors in reaching its determination, including but not

limited to:

(a) Whether the treatment is necessary to protect other patients or the patient

himself from harm;

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

treatment;

(c) Whether any less restrictive alternative treatment is available;

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

(e) Whether the proposed treatment is likely to improve the patient's condition.

(4) Upon the completion of the hearing, the court shall, considering the proof and from

a preponderance of the evidence finding that the factors listed in subsection (3) of

this section have been established, enter an appropriate judgment, enumerating the

factors found to exist, which judgment shall be considered final for purposes of

appeal. No court shall consent to psychosurger y or electroshock therapy nor shall it

order such treatment. If the court denies the hospital the right to administer the

treatment in question, the hospital may discharge the child.