Title 908 | Chapter 003 | Regulation 020
908 KAR 3:020.Care and treatment of inmates of penal institutions.
Section 1.
Care and Treatment of Inmates. In the event that an inmate of any penal or correctional institution is transferred to a hospital, forensic psychiatric facility or residential treatment center pursuant to KRS 202A.201, the following rules shall apply:(1)
If the inmate voluntarily agrees to receive treatment in accordance with the individual treatment plan, the treatment may be provided until it is determined that treatment is no longer necessary or until the patient refuses continued treatment;(2)
If the inmate refuses to receive treatment, proceedings for involuntary hospitalization may be instituted in accordance with the provisions of KRS Chapters 202A and 202B and 501 KAR 6:020 addressing involuntary transfer proceedings pursuant to Vitek v. Jones, 445 U.S. 480, 100 S.Ct. 1254, 63 L.Ed.2d 552 (1980).(3)
Patients in a forensic psychiatric facility shall have the same rights as set forth in 908 KAR 3:010; provided, however, that locking patients in their cells for sleeping or census count purposes and restraints used for transportation or prevention of escape shall not be considered as seclusion or restraint as defined in the patient's bill of rights.HISTORY: (Recodified from 902 KAR 12:030, 3-7-1989; Am. 18 Ky.R. 2062; eff. 2-7-1992; TAm eff. 4-27-2016; Crt eff. 12-18-2019.)
908 KAR 3:020.Care and treatment of inmates of penal institutions.
Section 1.
Care and Treatment of Inmates. In the event that an inmate of any penal or correctional institution is transferred to a hospital, forensic psychiatric facility or residential treatment center pursuant to KRS 202A.201, the following rules shall apply:(1)
If the inmate voluntarily agrees to receive treatment in accordance with the individual treatment plan, the treatment may be provided until it is determined that treatment is no longer necessary or until the patient refuses continued treatment;(2)
If the inmate refuses to receive treatment, proceedings for involuntary hospitalization may be instituted in accordance with the provisions of KRS Chapters 202A and 202B and 501 KAR 6:020 addressing involuntary transfer proceedings pursuant to Vitek v. Jones, 445 U.S. 480, 100 S.Ct. 1254, 63 L.Ed.2d 552 (1980).(3)
Patients in a forensic psychiatric facility shall have the same rights as set forth in 908 KAR 3:010; provided, however, that locking patients in their cells for sleeping or census count purposes and restraints used for transportation or prevention of escape shall not be considered as seclusion or restraint as defined in the patient's bill of rights.HISTORY: (Recodified from 902 KAR 12:030, 3-7-1989; Am. 18 Ky.R. 2062; eff. 2-7-1992; TAm eff. 4-27-2016; Crt eff. 12-18-2019.)