Page 1 of 3 202B.010 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Authorized staff physician" means a person who is employed as a physician of an ICF/MR; (2) "Interdisciplinary team" means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the <br>resident. The team is composed of a physician, a psychologist, a registered nurse, a <br>social worker, and other professionals, at least one (1) of whom is a qualified <br>mental retardation professional, and may include the resident, the resident's family, <br>or the guardian; (3) "Cabinet" means the Kentucky Cabinet for Health and Family Services; <br>(4) "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including <br>actions which deprive self, family, or others of the basic means of survival <br>including provision for reasonable shelter, food, or clothing; (5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient <br>evaluation, care, and treatment for mentally ill or mentally retarded persons who <br>have been charged with or convicted of a felony; (6) "Hospital" means: (a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the <br>Kentucky Cabinet for Health and Family Services as equipped to provide full-<br>time residential care and treatment for mentally ill or mentally retarded <br>persons; (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for mentally ill or <br>mentally retarded persons; (7) "Judge" means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5.030; (8) "Least restrictive alternative mode of treatment" means that treatment given in the least confining setting which will provide a mentally retarded person appropriate <br>treatment or care consistent with accepted professional practice. For purposes of <br>this section, least restrictive alternative mode of treatment may include an <br>institutional placement; (9) "Mentally retarded person" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and <br>manifested during the developmental period; (10) "ICF/MR" means an intermediate-care facility approved by the cabinet for the evaluation, care, and treatment of mentally retarded persons; (11) "Petitioner" means a person who institutes a proceeding under this chapter; <br>(12) "Qualified mental retardation professional" means: Page 2 of 3 (a) A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while <br>engaged in the performance of official duties; (b) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate licensed <br>under the provisions of KRS Chapter 319; (c) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience of which one <br>(1) year is with mentally retarded persons; or a licensed registered nurse, with <br>a bachelor's degree in nursing from an accredited institution, who has three (3) <br>years of inpatient or outpatient clinical experience of which one (1) year is in <br>the field of mental retardation and is currently employed by an ICF/MR <br>licensed by the cabinet, a hospital, a regional community mental health and <br>mental retardation program, or a private agency or company engaged in the <br>provision of mental retardation services; (d) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS <br>335.080 with two (2) years of inpatient or outpatient clinical experience in <br>social work of which one (1) year shall be in the field of mental retardation <br>and is currently employed by an ICF/MR licensed by the cabinet, a hospital, a <br>regional community mental health and mental retardation program, or a <br>private agency or company engaged in the provision of mental retardation <br>services; (e) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in <br>psychiatric mental health practice and currently employed by a hospital or <br>forensic facility licensed by the Commonwealth, a psychiatric unit of a general <br>hospital, a private agency or company engaged in providing mental health <br>services, or a regional community mental health and mental retardation <br>program; or (f) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in <br>psychiatric mental health practice and currently employed by a hospital or <br>forensic facility licensed by the Commonwealth, a psychiatric unit of a general <br>hospital, a private agency or company engaged in providing mental health <br>services, or a regional community mental health and mental retardation <br>program; (13) "Residence" means legal residence as determined by applicable principles governing conflicts of law; (14) "Resident" means a person under care or treatment in an ICF/MR pursuant to the provisions of this chapter; (15) "Respondent" means a person alleged in a hearing under this chapter to be a mentally retarded person; and Page 3 of 3 (16) "Secretary" shall mean the secretary of the Cabinet for Health and Family Services. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 216, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 99, sec. 2, effective March 28, 2002. -- Amended 1998 Ky. Acts <br>ch. 426, sec. 180, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, <br>sec. 20, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 147, sec. 1, effective <br>July 13, 1990. -- Amended 1988 Ky. Acts ch. 139, sec. 20, effective July 15, 1988. -- <br>Amended 1986 Ky. Acts ch. 79, sec. 1, effective March 6, 1986. --Created 1976 Ky. <br>Acts ch. 328, sec. 2.
Page 1 of 3 202B.010 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Authorized staff physician" means a person who is employed as a physician of an ICF/MR; (2) "Interdisciplinary team" means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the <br>resident. The team is composed of a physician, a psychologist, a registered nurse, a <br>social worker, and other professionals, at least one (1) of whom is a qualified <br>mental retardation professional, and may include the resident, the resident's family, <br>or the guardian; (3) "Cabinet" means the Kentucky Cabinet for Health and Family Services; <br>(4) "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including <br>actions which deprive self, family, or others of the basic means of survival <br>including provision for reasonable shelter, food, or clothing; (5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient <br>evaluation, care, and treatment for mentally ill or mentally retarded persons who <br>have been charged with or convicted of a felony; (6) "Hospital" means: (a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the <br>Kentucky Cabinet for Health and Family Services as equipped to provide full-<br>time residential care and treatment for mentally ill or mentally retarded <br>persons; (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for mentally ill or <br>mentally retarded persons; (7) "Judge" means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5.030; (8) "Least restrictive alternative mode of treatment" means that treatment given in the least confining setting which will provide a mentally retarded person appropriate <br>treatment or care consistent with accepted professional practice. For purposes of <br>this section, least restrictive alternative mode of treatment may include an <br>institutional placement; (9) "Mentally retarded person" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and <br>manifested during the developmental period; (10) "ICF/MR" means an intermediate-care facility approved by the cabinet for the evaluation, care, and treatment of mentally retarded persons; (11) "Petitioner" means a person who institutes a proceeding under this chapter; <br>(12) "Qualified mental retardation professional" means: Page 2 of 3 (a) A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while <br>engaged in the performance of official duties; (b) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate licensed <br>under the provisions of KRS Chapter 319; (c) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience of which one <br>(1) year is with mentally retarded persons; or a licensed registered nurse, with <br>a bachelor's degree in nursing from an accredited institution, who has three (3) <br>years of inpatient or outpatient clinical experience of which one (1) year is in <br>the field of mental retardation and is currently employed by an ICF/MR <br>licensed by the cabinet, a hospital, a regional community mental health and <br>mental retardation program, or a private agency or company engaged in the <br>provision of mental retardation services; (d) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS <br>335.080 with two (2) years of inpatient or outpatient clinical experience in <br>social work of which one (1) year shall be in the field of mental retardation <br>and is currently employed by an ICF/MR licensed by the cabinet, a hospital, a <br>regional community mental health and mental retardation program, or a <br>private agency or company engaged in the provision of mental retardation <br>services; (e) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in <br>psychiatric mental health practice and currently employed by a hospital or <br>forensic facility licensed by the Commonwealth, a psychiatric unit of a general <br>hospital, a private agency or company engaged in providing mental health <br>services, or a regional community mental health and mental retardation <br>program; or (f) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in <br>psychiatric mental health practice and currently employed by a hospital or <br>forensic facility licensed by the Commonwealth, a psychiatric unit of a general <br>hospital, a private agency or company engaged in providing mental health <br>services, or a regional community mental health and mental retardation <br>program; (13) "Residence" means legal residence as determined by applicable principles governing conflicts of law; (14) "Resident" means a person under care or treatment in an ICF/MR pursuant to the provisions of this chapter; (15) "Respondent" means a person alleged in a hearing under this chapter to be a mentally retarded person; and Page 3 of 3 (16) "Secretary" shall mean the secretary of the Cabinet for Health and Family Services. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 216, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 99, sec. 2, effective March 28, 2002. -- Amended 1998 Ky. Acts <br>ch. 426, sec. 180, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, <br>sec. 20, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 147, sec. 1, effective <br>July 13, 1990. -- Amended 1988 Ky. Acts ch. 139, sec. 20, effective July 15, 1988. -- <br>Amended 1986 Ky. Acts ch. 79, sec. 1, effective March 6, 1986. --Created 1976 Ky. <br>Acts ch. 328, sec. 2.
Page 1 of 3 202B.010 Definitions for chapter. As used in this chapter, unless the context otherwise requires: <br>(1) "Authorized staff physician" means a person who is employed as a physician of an ICF/MR; (2) "Interdisciplinary team" means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the <br>resident. The team is composed of a physician, a psychologist, a registered nurse, a <br>social worker, and other professionals, at least one (1) of whom is a qualified <br>mental retardation professional, and may include the resident, the resident's family, <br>or the guardian; (3) "Cabinet" means the Kentucky Cabinet for Health and Family Services; <br>(4) "Danger" or "threat of danger to self, family, or others" means substantial physical harm or threat of substantial physical harm upon self, family, or others, including <br>actions which deprive self, family, or others of the basic means of survival <br>including provision for reasonable shelter, food, or clothing; (5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, designated by the secretary for the purpose and function of providing inpatient <br>evaluation, care, and treatment for mentally ill or mentally retarded persons who <br>have been charged with or convicted of a felony; (6) "Hospital" means: (a) A state mental hospital or institution or other licensed public or private hospital, institution, health-care facility, or part thereof, approved by the <br>Kentucky Cabinet for Health and Family Services as equipped to provide full-<br>time residential care and treatment for mentally ill or mentally retarded <br>persons; (b) A hospital, institution, or health-care facility of the government of the United States equipped to provide residential care and treatment for mentally ill or <br>mentally retarded persons; (7) "Judge" means any judge or justice of the Court of Justice or a trial commissioner of the District Court acting under authority of SCR 5.030; (8) "Least restrictive alternative mode of treatment" means that treatment given in the least confining setting which will provide a mentally retarded person appropriate <br>treatment or care consistent with accepted professional practice. For purposes of <br>this section, least restrictive alternative mode of treatment may include an <br>institutional placement; (9) "Mentally retarded person" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and <br>manifested during the developmental period; (10) "ICF/MR" means an intermediate-care facility approved by the cabinet for the evaluation, care, and treatment of mentally retarded persons; (11) "Petitioner" means a person who institutes a proceeding under this chapter; <br>(12) "Qualified mental retardation professional" means: Page 2 of 3 (a) A physician licensed under the laws of Kentucky to practice medicine or osteopathy, or a medical officer of the government of the United States while <br>engaged in the performance of official duties; (b) A psychologist with the health service provider designation, a psychological practitioner, a certified psychologist, or a psychological associate licensed <br>under the provisions of KRS Chapter 319; (c) A licensed registered nurse with a master's degree in psychiatric nursing from an accredited institution and two (2) years of clinical experience of which one <br>(1) year is with mentally retarded persons; or a licensed registered nurse, with <br>a bachelor's degree in nursing from an accredited institution, who has three (3) <br>years of inpatient or outpatient clinical experience of which one (1) year is in <br>the field of mental retardation and is currently employed by an ICF/MR <br>licensed by the cabinet, a hospital, a regional community mental health and <br>mental retardation program, or a private agency or company engaged in the <br>provision of mental retardation services; (d) A licensed clinical social worker licensed under the provisions of KRS 335.100, or a certified social worker licensed under the provisions of KRS <br>335.080 with two (2) years of inpatient or outpatient clinical experience in <br>social work of which one (1) year shall be in the field of mental retardation <br>and is currently employed by an ICF/MR licensed by the cabinet, a hospital, a <br>regional community mental health and mental retardation program, or a <br>private agency or company engaged in the provision of mental retardation <br>services; (e) A marriage and family therapist licensed under the provisions of KRS 335.300 to 335.399 with three (3) years of inpatient or outpatient clinical experience in <br>psychiatric mental health practice and currently employed by a hospital or <br>forensic facility licensed by the Commonwealth, a psychiatric unit of a general <br>hospital, a private agency or company engaged in providing mental health <br>services, or a regional community mental health and mental retardation <br>program; or (f) A professional counselor credentialed under the provisions of KRS 335.500 to 335.599 with three (3) years of inpatient or outpatient clinical experience in <br>psychiatric mental health practice and currently employed by a hospital or <br>forensic facility licensed by the Commonwealth, a psychiatric unit of a general <br>hospital, a private agency or company engaged in providing mental health <br>services, or a regional community mental health and mental retardation <br>program; (13) "Residence" means legal residence as determined by applicable principles governing conflicts of law; (14) "Resident" means a person under care or treatment in an ICF/MR pursuant to the provisions of this chapter; (15) "Respondent" means a person alleged in a hearing under this chapter to be a mentally retarded person; and Page 3 of 3 (16) "Secretary" shall mean the secretary of the Cabinet for Health and Family Services. Effective: June 20, 2005 <br>History: Amended 2005 Ky. Acts ch. 99, sec. 216, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 99, sec. 2, effective March 28, 2002. -- Amended 1998 Ky. Acts <br>ch. 426, sec. 180, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 369, <br>sec. 20, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 147, sec. 1, effective <br>July 13, 1990. -- Amended 1988 Ky. Acts ch. 139, sec. 20, effective July 15, 1988. -- <br>Amended 1986 Ky. Acts ch. 79, sec. 1, effective March 6, 1986. --Created 1976 Ky. <br>Acts ch. 328, sec. 2.
