202A.028 Hospitalization by court order -- Transportation -- Release. - Kentucky Statutes

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Page 1 of 1 202A.028 Hospitalization by court order -- Transportation -- Release. (1) Following an examination by a qualified mental health professional and a certification by that professional that the person meets the criteria for involuntary
hospitalization, a judge may order the person hospitalized for a period not to exceed
seventy-two (72) hours, excluding weekends and holidays. For the purposes of this
section, the qualified mental health professional shall be a staff member of a
regional community mental health or mental retardation program, unless the person
to be examined is hospitalized and under the care of a licensed psychiatrist, in
which case the qualified mental health professional shall be the psychiatrist if the
psychiatrist is ordered, subject to the court's discretion, to perform the required
examination. (2) Any person who has been admitted to a hospital under subsection (1) of this section shall be released from the hospital within seventy-two (72) hours, excluding
weekends and holidays, unless further held under the applicable provisions of this
chapter. (3) Any person admitted to a hospital under subsection (1) of this section or transferred to a hospital while ordered hospitalized under subsection (1) of this section shall be
transported from the person's home county by the sheriff of that county or other
peace officer as ordered by the court. The sheriff or other peace officer may, upon
agreement of a person authorized by the peace officer, authorize the cabinet, a
private agency on contract with the cabinet, or an ambulance service designated by
the cabinet to transport the person to the hospital. The transportation costs of the
sheriff, other peace officer, ambulance service, or other private agency on contract
with the cabinet shall be paid by the cabinet in accordance with an administrative
regulation promulgated by the cabinet, pursuant to KRS Chapter 13A. (4) Any person released from the hospital under subsection (2) of this section shall be transported to the person's county of discharge by a sheriff or other peace officer, by
an ambulance service designated by the cabinet, or by other appropriate means of
transportation which is consistent with the treatment plan of that person. The
transportation cost of transporting the patient to the patient's county of discharge
when performed by a peace officer, ambulance service, or other private agency on
contract with the cabinet shall be paid by the cabinet in accordance with an
administrative regulation issued by the cabinet pursuant to KRS Chapter 13A. (5) No person who has been held under subsection (1) of this section shall be held in jail pending evaluation and transportation to the hospital. Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 487, sec. 1, effective July 14, 2000. -- Amended 1994 Ky. Acts ch. 498, sec. 2, effective July 15, 1994. -- Created 1988 Ky. Acts
ch. 139, sec. 3, effective July 15, 1988.