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KRS 202A.021

Hospitalization of minors -- Admission or discharge of voluntary patients -- Transport of voluntary patients to receiving hospital or psychiatric facility

Known as the Kentucky Mental Health Hospitalization Act

The act spans §§ 202A.006–202A.991 (85 sections).

Applied in 2 court decisions — leading case 770 F. Supp. 354 - Doe v. Cowherd (1991)

Most recently applied in Commonwealth v. Nunnally (January 1996)

Effective: June 29, 2021 History: Amended 2021 Ky

(1) The hospitalization of minors alleged to be mentally ill, except those provided for in KRS Chapter 640, shall be governed by KRS Chapter 645.

(2) An authorized staff physician of a hospital may admit for observation, diagnosis, care and treatment any person who is mentally ill or who has symptoms of mental illness and who applies voluntarily therefor.

(3) An authorized staff physician of a hospital shall discharge any voluntary patient who has recovered or whose hospitalization the staff physician determines to be no longer necessary or advisable.

(4) A voluntary patient shall be released upon the patient's written request unless further detained under the applicable provisions of this chapter, including subsection (5) of this section.

(5) (a) A voluntary patient who presents or is admitted to a hospital with symptoms of mental illness may be transported from the originating hospital to a receiving hospital or psychiatric facility:

1. Upon the order of an authorized staff physician of an originating hospital and an authorized staff physician of a receiving hospital or psychiatric facility; and 2. Submission of the patient's signed written agreement to be voluntarily transported.

(b) If the agreed-upon transport from the originating hospital has been initiated, the patient with a signed written agreement to be voluntarily transported under this subsection shall not be physically released upon his or her request during the transport to the receiving hospital or psychiatric facility. The patient shall be physically released upon request after the patient has been received by the receiving hospital or psychiatric facility upon the patient's written release request unless further detained under the applicable provisions of this chapter as provided for under subsection (4) of this section.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.