{"data":{"id":"us-ky/krs-645.170","jurisdiction":"us-ky","citation":"KRS 645.170","heading":"Hospital review committee -- Review of patient's individual treatment","body":"plan.\n(1) Every hospital which treats children under this chapter shall have a review\ncommittee of three (3) qualified mental health professionals appointed by the\nhospital director. The review committee shall have the authority to review the\nappropriateness of a patient's individual treatment plan.\n(2) Upon the written refusal of an involuntary patient to participate in any or all aspects\nof his treatment plan, the review committee shall examine the appropriateness of the\npatient's individual treatment plan. Af ter a patient refuses to participate in his\ntreatment plan and until his disagreement with the plan has been resolved, the\nhospital may administer only that treatment which the treating physician determines\nis necessary to protect the patient from harming himself or others. Within three (3)\ndays, exclusive of weekends and holidays, of the refusal, the review committee shall\nmeet with the patient and his counsel or court -designated worker to discuss their\nrecommendations.\n(3) If the patient still refuses to participate in any or all aspects of his individual\ntreatment plan, the hospital may petition the District Court for a de novo\ndetermination of the appropriateness of the proposed treatment. Within seven (7)\ndays of the filing of the hospital's petition, e xcluding weekends and holidays, the\ncourt shall conduct a hearing, consistent with the patient's right to due process of\nlaw, and shall consider all factors in reaching its determination, including but not\nlimited to:\n(a) Whether the treatment is necessary  to protect other patients or the patient\nhimself from harm;\n(b) Whether the patient is incapable of giving informed consent to the proposed\ntreatment;\n(c) Whether any less restrictive alternative treatment is available;\n(d) Whether the proposed treatment carries any risk of permanent side effects; and\n(e) Whether the proposed treatment is likely to improve the patient's condition.\n(4) Upon the completion of the hearing, the court shall, considering the proof and from\na preponderance of the evidence finding  that the factors listed in subsection (3) of\nthis section have been established, enter an appropriate judgment, enumerating the\nfactors found to exist, which judgment shall be considered final for purposes of\nappeal. No court shall consent to psychosurger y or electroshock therapy nor shall it\norder such treatment. If the court denies the hospital the right to administer the\ntreatment in question, the hospital may discharge the child.","path":["KRS Chapter 645"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=20340","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T21:00:10Z","sha256":"80e0266c3995f23de9be54280fa45cd225100f056d6ac906a55a9776e8145d2b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-645.160","next":"us-ky/krs-645.180"},"notice":"GroundRules: Original legal text. Not legal advice."}