{"data":{"id":"us-ky/krs-202a.202","jurisdiction":"us-ky","citation":"KRS 202A.202","heading":"Transfer of mentally ill patients or patients with an intellectual disability","body":"between facilities.\n(1) The cabinet may transfer mentally ill patients or patients with an intellectual\ndisability between hospitals, between hospitals and forensic psych iatric facilities,\nbetween hospitals and residential treatment centers for individuals with an\nintellectual disability, between residential treatment centers for individuals with an\nintellectual disability, and between residential treatment centers for individuals with\nan intellectual disability and forensic psychiatric facilities. A transfer shall be made\nupon the mutual agreement of the administrative officer, the officer's designated\nrepresentative or an authorized staff physician of each facility, if th e agreement is\nbased upon one (1) of the following findings by the officers, representatives or\nphysicians:\n(a) That the transfer will improve the opportunities of the patient to receive care\nand treatment most likely to be of benefit to the patient;\n(b) That the transfer will permit the patient to receive care and treatment in the\nleast restrictive alternative mode of treatment, considering the degree of\ndanger or threat of danger to self or others which the patient presents; or\n(c) That the transfer is pa rt of an individual treatment plan which has been\nreviewed and approved by a court.\n(2) The patient or his guardian or designated family member prior to transfer, shall\nreceive notice of said proposed transfer and shall be allowed to challenge the\ntransfer as part of his individual treatment plan under the provisions of KRS\n202A.191, 202A.196, and KRS 210.270.\n(3) In an emergency situation where the patient presents a danger of serious injury or\ndeath to self or others within the institution so as to requir e immediate transfer to a\nmore secure facility and which condition cannot be treated or resolved within a\nreasonable period of time in the present facility, the secretary may immediately\ntransfer the patient to a more secure facility while the appeal provisions described in\nsubsection (2) of this section are being carried out. In this event counsel shall be\nprovided to the patient within three (3) days.","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40764","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"5c1b6c8bdbddc50d0565b6b8842bb32fb38b597cfd91a851d54f8a2eb76736e6","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.201","next":"us-ky/krs-202a.210"},"notice":"GroundRules: Original legal text. Not legal advice."}