{"data":{"id":"us-ky/krs-202a.011","jurisdiction":"us-ky","citation":"KRS 202A.011","heading":"Definitions for chapter.        (Effective until October 1, 2026)","body":"As used in this chapter, unless the context otherwise requires:\n(1) \"Authorized staff physician\" means a physician who is a bona fide member of the\nhospital's medical staff;\n(2) \"Cabinet\" means the Kentucky Cabinet for Health and Family Services;\n(3) \"Contract mental health evaluator\" means a qualified mental health professional\nwho is employed by or under contract with a community mental health center, crisis\nstabilization unit, m ental institution, or any other facility designated by the\nsecretary to provide mental health evaluations to determine whether an individual\nmeets the criteria for involuntary hospitalization;\n(4) \"Danger\" or \"threat of danger to self, family, or others\" m eans substantial physical\nharm or threat of substantial physical harm upon self, family, or others, including\nactions which deprive self, family, or others of the basic means of survival\nincluding provision for reasonable shelter, food, or clothing;\n(5) \"Forensic psychiatric facility\" means a mental institution or facility, or part thereof,\ndesignated by the secretary for the purpose and function of providing inpatient\nevaluation, care, and treatment for mentally ill persons or individuals with an\nintellectual disability, who have been charged with or convicted of a felony;\n(6) \"Hospital\" means:\n(a) A state mental hospital or institution or other licensed public or private\nhospital, institution, health -care facility, or part thereof, approved by the\nKentucky Cabinet for Health and Family Services as equipped to provide full -\ntime residential care and treatment for mentally ill persons or individuals with\nan intellectual disability; or\n(b) A hospital, institution, or health -care facility of the government of t he United\nStates equipped to provide residential care and treatment for mentally ill\npersons or individuals with an intellectual disability;\n(7) \"Judge\" means any judge or justice of the Court of Justice or a trial commissioner\nof the District Court acting under authority of SCR 5.030;\n(8) \"Least restrictive alternative mode of treatment\" means that treatment which will\ngive a mentally ill individu al a realistic opportunity to improve the individual's\nlevel of functioning, consistent with accepted professional practice in the least\nconfining setting available;\n(9) \"Mentally ill person\" means a person with substantially impaired capacity to use\nself-control, judgment, or discretion in the conduct of the person's affairs and social\nrelations, associated with maladaptive behavior or recognized emotional symptoms\nwhere impaired capacity, maladaptive behavior, or emotional symptoms can be\nrelated to physiological, psychological, or social factors;\n(10) \"Patient\" means a person under observation, care, or treatment in a hospital\npursuant to the provisions of this chapter;\n(11) \"Petitioner\" means a person who institutes a proceeding under this chapter;\n(12) \"Psychiatric facility\" means a crisis stabilization unit or any facility licensed by the\ncabinet and which provides inpatient, outpatient, psychosocial rehabilitation,\nemergency, and consultation and education services for the diagnosis and treatment\nof persons who have a mental illness;\n(13) \"Qualified mental health professional\" means:\n(a) A physician licensed under the laws of Kentucky to practice medicine or\nosteopathy, or a medical officer of the government of the United States while\nengaged in the performance of official duties;\n(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or\nosteopathy, or a medical officer of the government of the United States while\nengaged in the practice of official duties, who is certified or eligib le to apply\nfor certification by the American Board of Psychiatry and Neurology, Inc.;\n(c) A psychologist with the health service provider designation, a psychological\npractitioner, a certified psychologist, or a psychological associate, licensed\nunder the provisions of KRS Chapter 319;\n(d) A licensed registered nurse with a master's degree in psychiatric nursing from\nan accredited institution and two (2) years of clinical experience with\nmentally ill persons, or a licensed registered nurse, with a bachelor 's degree in\nnursing from an accredited institution, who is certified as a psychiatric and\nmental health nurse by the American Nurses Association and who has three\n(3) years of inpatient or outpatient clinical experience in psychiatric nursing\nand is curre ntly employed by a hospital or forensic psychiatric facility\nlicensed by the Commonwealth or a psychiatric unit of a general hospital or a\nprivate agency or company engaged in the provision of mental health services\nor a regional community program for ment al health and individuals with an\nintellectual disability;\n(e) A licensed clinical social worker licensed under the provisions of KRS\n335.100, or a certified social worker licensed under the provisions of KRS\n335.080 with three (3) years of inpatient or ou tpatient clinical experience in\npsychiatric social work and currently employed by a hospital or forensic\npsychiatric facility licensed by the Commonwealth or a psychiatric unit of a\ngeneral hospital or a private agency or company engaged in the provision o f\nmental health services or a regional community program for mental health and\nindividuals with an intellectual disability;\n(f) A marriage and family therapist licensed under the provisions of KRS\n335.300 to 335.399 with three (3) years of inpatient or out patient clinical\nexperience in psychiatric mental health practice and currently employed by a\nhospital or forensic facility licensed by the Commonwealth, a psychiatric unit\nof a general hospital, a private agency or company engaged in providing\nmental heal th services, or a regional community program for mental health\nand individuals with an intellectual disability;\n(g) A professional counselor credentialed under the provisions of KRS Chapter\n335.500 to 335.599 with three (3) years of inpatient or outpatient  clinical\nexperience in psychiatric mental health practice and currently employed by a\nhospital or forensic facility licensed by the Commonwealth, a psychiatric unit\nof a general hospital, a private agency or company engaged in providing\nmental health serv ices, or a regional community program for mental health\nand individuals with an intellectual disability; or\n(h) A physician assistant licensed under KRS 311.840 to 311.862, who meets one\n(1) of the following requirements:\n1. Provides documentation that he or she has completed a psychiatric\nresidency program for physician assistants;\n2. Has completed at least one thousand (1,000) hours of clinical experience\nunder a supervising physician, as defined by KRS 311.840, who is a\npsychiatrist and is certified or e ligible for certification by the American\nBoard of Psychiatry and Neurology, Inc.;\n3. Holds a master's degree from a physician assistant program accredited\nby the Accreditation Review Commission on Education for the\nPhysician Assistant or its predecessor o r successor agencies, is\npracticing under a supervising physician as defined by KRS 311.840,\nand:\na. Has two (2) years of clinical experience in the assessment,\nevaluation, and treatment of mental disorders; or\nb. Has been employed by a hospital or forensi c psychiatric facility\nlicensed by the Commonwealth or a psychiatric unit of a general\nhospital or a private agency or company engaged in the provision\nof mental health services or a regional community program for\nmental health and individuals with an inte llectual disability for at\nleast two (2) years; or\n4. Holds a bachelor's degree, possesses a current physician assistant\ncertificate issued by the board prior to July 15, 2002, is practicing under\na supervising physician as defined by KRS 311.840, and:\na. Has three (3) years of clinical experience in the assessment,\nevaluation, and treatment of mental disorders; or\nb. Has been employed by a hospital or forensic psychiatric facility\nlicensed by the Commonwealth or a psychiatric unit of a general\nhospital or a private agency or company engaged in the provision\nof mental health services or a regional community program for\nmental health and individuals with an intellectual disability for at\nleast three (3) years;\n(14) \"Residence\" means legal residence as determi ned by applicable principles\ngoverning conflicts of law;\n(15) \"Respondent\" means a person alleged in a hearing under this chapter to be a\nmentally ill person or an individual with an intellectual disability; and\n(16) \"Secretary\" means the secretary of the Cabinet for Health and Family Services.\nEffective: July 15, 2024","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=54927","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:58Z","sha256":"97a8e21d0c9098f23d8af667b724550e9ae1935394266525150676cdf9db9d87","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.010","next":"us-ky/krs-202a.012"},"notice":"GroundRules: Original legal text. Not legal advice."}