§ 202a-028

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) A staff member of a regional community program for mental health or individuals with an intellectual disability; (b) An individual qualified and licensed to perform the examination through the use of telehealth services; or (c) The psychiatrist 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 subsec tion (1) of this section or transferred to a hospital while ordered hospitalized under subsection

d under the applicable provisions of this chapter. (3) Any person admitted to a hospital under subsec tion (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 sheri ff 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 Chapt er 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

nty 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 evalu ation and transportation to the hospital. Effective: June 24, 2015 History: Amended 2015 Ky. Acts ch. 61, sec. 2, effective June 24, 2015. -- Amended 2012 Ky. Acts ch. 146, sec. 33, effective July 12, 2012. -- Amended 2000 Ky. Acts ch. 487, sec. 1, effecti ve 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.