LegalFix

645.170 Hospital review committee -- Review of patient's individual treatment plan.

KY Rev Stat § 645.170 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

645.170 Hospital review committee -- Review of patient's individual treatment plan. (1) Every hospital which treats children under this chapter shall have a review committee of three (3) qualified mental health professionals appointed by the hospital director. The review committee shall have the authority to review the appropriateness of a patient's individual treatment plan. (2) Upon the written refusal of an involuntary patient to participate in any or all aspects of his treatment plan, the review committee shall examine the appropriateness of the patient's individual treatment plan. After a patient refuses to participate in his treatment plan and until his disagreement with the plan has been resolved, the hospital may administer only that treatment which the treating physician determines is necessary to protect the patient from harming himself or others. Within three (3) days, exclusive of weekends and holidays, of the refusal, the review committee shall meet with the patient and his counsel or court-designated worker to discuss their recommendations. (3) If the patient still refuses to participate in any or all aspects of his individual treatment plan, the hospital may petition the District Court for a de novo determination of the appropriateness of the proposed treatment. Within seven (7) days of the filing of the hospital's petition, excluding weekends and holidays, the court shall conduct a hearing, consistent with the patient's right to due process of law, and shall consider all factors in reaching its determination, including but not limited to: (a) Whether the treatment is necessary to protect other patients or the patient himself from harm; (b) Whether the patient is incapable of giving informed consent to the proposed treatment; (c) Whether any less restrictive alternative treatment is available; (d) Whether the proposed treatment carries any risk of permanent side effects; and (e) Whether the proposed treatment is likely to improve the patient's condition. (4) Upon the completion of the hearing, the court shall, considering the proof and from a preponderance of the evidence finding that the factors listed in subsection (3) of this section have been established, enter an appropriate judgment, enumerating the factors found to exist, which judgment shall be considered final for purposes of appeal. No court shall consent to psychosurgery or electroshock therapy nor shall it order such treatment. If the court denies the hospital the right to administer the treatment in question, the hospital may discharge the child. Effective: April 10, 1988 History: Amended 1988 Ky. Acts ch. 350, sec. 121, effective April 10, 1988. -- Created 1986 Ky. Acts ch. 423, sec. 162, effective July 1, 1987.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
645.170 Hospital review committee -- Review of patient's individual treatment plan.