{"data":{"id":"us-ky/krs-202b.010","jurisdiction":"us-ky","citation":"KRS 202B.010","heading":"Definitions for chapter.","body":"As used in this chapter, unless the context otherwise requires:\n(1) \"Authorized staff physician\" means a person who is employed as a physician of an\nICF/ID;\n(2) \"Interdisciplinary team\" means the group of persons responsible for the diagnosis,\nevaluation, and individualized program planning and service implementation for the\nresident. The team is composed of a physician, a psychologist, a registered nurse, a\nsocial worker, and other professionals, at least one (1) of whom is a qualified\nprofessional in the area of intellectual disabilities, and may include the resident, the\nresident's family, or the guardian;\n(3) \"Cabinet\" means the Kentucky Cabinet for Health and Family Services;\n(4) \"Danger\" or \"threat of danger to self, family, or others\" means substantia l 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;\n(b) A hospital, institution, or health -care facility of the government of the United\nStates equ ipped 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 of\nthe District Court acting under authority of SCR 5.030;\n(8) \"Least restrictive alternative mode of treatment\" means that treatment given in the\nleast confining setting which will provide an individual with an intellectual\ndisability appropriate treatment or care consistent with accepted professional\npractice. For purposes of this section, least restrictive alternative mode of treatment\nmay include an institutional placement;\n(9) \"Individual with an intellectual disability\" means a person with significantly\nsubaverage general intellectual functioning e xisting concurrently with deficits in\nadaptive behavior and manifested during the developmental period;\n(10) \"ICF/ID\" means an intermediate -care facility approved by the cabinet for the\nevaluation, care, and treatment of individuals with an intellectual disability;\n(11) \"Petitioner\" means a person who institutes a proceeding under this chapter;\n(12) \"Qualified professional in the area of intellectual disabilities\" 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 psychologist with the health service provider designa tion, a psychological\npractitioner, a certified psychologist, or a psychological associate licensed\nunder the provisions of KRS Chapter 319;\n(c) A licensed registered nurse with a master's degree in psychiatric nursing from\nan accredited institution and two (2) years of clinical experience of which one\n(1) year is with individuals with an intellectual disability; or a licensed\nregistered nurse, with a bachelor's degree in nursing from an accredited\ninstitution, who has three (3) years of inpatient or outpat ient clinical\nexperience of which one (1) year is in the field of individuals with an\nintellectual disability and is currently employed by an ICF/ID licensed by the\ncabinet, a hospital, a regional community program for mental health or\nindividuals with an intellectual disability, or a private agency or company\nengaged in the provision of services to individuals with an intellectual\ndisability;\n(d) A licensed clinical social worker licensed under the provisions of KRS\n335.100, or a certified social worker li censed under the provisions of KRS\n335.080 with two (2) years of inpatient or outpatient clinical experience in\nsocial work of which one (1) year shall be in the field of individuals with an\nintellectual disability and is currently employed by an ICF/ID li censed by the\ncabinet, a hospital, a regional community program for mental health or\nindividuals with an intellectual disability, or a private agency or company\nengaged in the provision of services to individuals with an intellectual\ndisability;\n(e) A marriage and family therapist licensed under the provisions of KRS 335.300\nto 335.399 with three (3) years of inpatient or outpatient clinical experience in\npsychiatric mental health practice and currently employed by a hospital or\nforensic facility licensed by the Commonwealth, a psychiatric unit of a general\nhospital, a private agency or company engaged in providing mental health\nservices, or a regional community program for mental health or individuals\nwith an intellectual disability; or\n(f) A professional counselor credentialed under the provisions of KRS 335.500 to\n335.599 with three (3) years of inpatient or outpatient clinical experience in\npsychiatric mental health practice and currently employed by a hospital or\nforensic facility licensed by the Commonwealth, a psychiatric unit of a general\nhospital, a private agency or company engaged in providing mental health\nservices, or a regional community program for mental health or individuals\nwith an intellectual disability;\n(13) \"Residence\" means legal residen ce as determined by applicable principles\ngoverning conflicts of law;\n(14) \"Resident\" means a person under care or treatment in an ICF/ID pursuant to the\nprovisions of this chapter;\n(15) \"Respondent\" means a person alleged in a hearing under this chapter t o be an\nindividual with an intellectual disability; and\n(16) \"Secretary\" shall mean the secretary of the Cabinet for Health and Family Services.","path":["KRS Chapter 202B"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=40766","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"a8a78951d2eefaa0c21884e24cfdb1e08f00a68d8e84d623a908dfe3dbff3af3","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.991","next":"us-ky/krs-202b.018"},"notice":"GroundRules: Original legal text. Not legal advice."}
