{"data":{"id":"us-ky/krs-202c.010","jurisdiction":"us-ky","citation":"KRS 202C.010","heading":"Definitions for chapter.  (Effective until October 1, 2026)","body":"As used in this chapter, unless the context otherwise requires:\n(1) \"Cabinet\" means the Kentucky Cabinet for Health and Family Services;\n(2) \"Commitment hearing\" means the hearing under  KRS 202C.040 to determine if a\nrespondent meets the criteria for involuntary commitment under this chapter;\n(3) \"Danger\" means substantial physical harm or threat of substantial physical harm\nupon self or others;\n(4) \"Evidentiary hearing\" means the heari ng under KRS 202C.030 to determine if the\ndefendant committed the qualifying offense for which he or she was charged by a\npreponderance of the evidence;\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 s tate 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 the United\nStates equipped to provide residential care and treatment for mentally ill\npersons or individuals with an intellectual disability;\n(7) \"Individual with an intellectual disability\" means a person with significantly\nsubaverage general intellectual functioning existing concurrently with deficits in\nadaptive behavior and manifested during the developmental period;\n(8) \"Judge\" means the judge who found the respondent incompetent to stand trial in the\ncriminal proceeding from which the petition for involuntary commitment arose;\n(9) \"Less restrictive alternative mode of treatment\" means a treatment given outside of\na forensic psychiatric facility  which would provide a respondent with appropriate\ntreatment or care consistent with accepted professional practice standards and\nprotect the respondent's safety and the safety of others;\n(10) \"Mentally ill person\" means a person with substantially impaire d 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(11) \"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 Unit ed 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 eligible 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 psycholog ical 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 i n psychiatric nursing\nand is currently 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 r egional community program for mental 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 outpatient 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 of\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 t hree (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 compan y engaged in providing\nmental health 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 engag ed in providing\nmental health services, 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 eligible 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 or 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 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 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 psychiat ric 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(12) \"Qualifying offense\" means a capital offense, a Class A felony, a Class B felony\nresulting in death or serious physical injury, or a violation of KRS 510.040 or\n510.070;\n(13) \"Respondent\" means a person who was a criminal defendant found incompetent to\nstand trial who is or was the subject of a petition for involuntary commitment filed\nunder KRS Chapter 504;\n(14) \"Review hearing\" means any hearing conducted to determine if a respondent\ncontinues to meet the criteria for involuntary commitment after the initial order for\ninvoluntary commitment has been issued under this chapter; and\n(15) \"Secretary\" means the secretary of the Cabinet for Health and Family Services.\nEffective: April 1, 2021","path":["KRS Chapter 202C"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50865","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"e903295ff7a5502db4ccb43d0694f0b27b74d6b014a2c3aeca7f3aa1ae6a3b45","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202b.990","next":"us-ky/krs-202c.020"},"notice":"GroundRules: Original legal text. Not legal advice."}