202A.181 Convalescent leave status. - Kentucky Statutes

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202A.181 Convalescent leave status. (1) An authorized staff physician may release an involuntary patient on convalescent leave status when the physician concludes that the patient would not present a
danger or a threat of danger to self or others if provided with continued medical
supervision in a less restrictive alternative mode of treatment. Release on
convalescent leave status shall include notification to the hospitalizing court.
Release on convalescent leave status does not terminate the involuntary
hospitalization order and shall include provisions for the development of a
treatment plan jointly by the hospital and by a provider of outpatient care for
follow-up care by the provider and for the continual monitoring of that patient's
condition by the provider. (2) The hospital from which such patient is given convalescent leave status may at any time readmit the patient without additional court proceedings. If there is reason to
believe that it is to the best interest of the patient to be rehospitalized, the secretary
or an authorized staff physician of the hospital may issue an order for the immediate
rehospitalization of the patient. Such an order, if not voluntarily complied with,
shall, upon the endorsement by a judge of any court of the county in which the
patient is a resident or is present, authorize any health or police officer to take the
patient into custody and transport him to the responsible hospital. Notice of
rehospitalization under this section shall be given to the originating court as soon as
practicable and simultaneously with the order directing the rehospitalization if
possible. (3) Release on convalescent leave status shall not apply to persons held under hospitalization orders arising out of KRS Chapter 504 unless consent of the
appropriate court is obtained. Effective: July 15, 1988
History: Amended 1988 Ky. Acts ch. 139, sec. 9, effective July 15, 1988. -- Created 1982 Ky. Acts ch. 445, sec. 23, effective July 1, 1982. Legislative Research Commission Note. This section was enacted in 1982 Acts, Chapter 445, which contains the following language in Section 45 of that Act: "This
Act shall become effective on July 1, 1982." The Ky. Constitution, in Section 55,
requires that a reason be set forth for the emergency. However, no reason is set forth
in this Act. The effective date for 1982 Acts with no emergency provision is July 15,
1982.