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SB 90/FN (BR 1300) - B. Guthrie, D. Boswell, R. Roeding
AN ACT relating to mental health and declaring an emergency.
Amend KRS 202A.011 and 202B.010 to include in the definition of a "qualified mental health professional" a licensed marriage and family therapist and a professional counselor with three years of experience in psychiatric mental health practice and currently employed by a licensed hospital or forensic facility, a psychiatric unit of a general hospital, a private agency engaged in providing mental health services, or a regional community mental health or mental retardation program; amend KRS 202A.400 to provide immunity from liability to mental health professionals who fail to warn of patient's violent behavior if an actual threat is not communicated; provide immunity to mental health professionals who disclose information to third parties when the duty to warn is actualized; extend immunity and corresponding duty to warn to a professional counselor, a licensed marriage and family therapist, and a certified art therapist; amend KRS 600.020 to include in definition of "qualified mental health professional" a licensed family therapist and a professional counselor with three years of experience and currently employed in a licensed hospital or forensic psychiatric facility, a psychiatric unit of a general hospital , or a regional comprehensive care center; amend KRS 645.270 to provide immunity from liability to mental health professionals who fail to warn of patient's violent behavior if an actual threat is not communicated; provide immunity to mental health professionals who disclose information to third parties when the duty to warn is actualized; extend immunity and corresponding duty to warn to a professional counselor, a licensed marriage and family therapist, and a certified art therapist; amend definitions of "counselor" in KRE 506 by deleting licensed family therapists; amend KRE 507 to include marriage and family therapist in definition of "psychotherapist."
SB 90 - AMENDMENTS
SFA (1, B. Guthrie) - Delete language that affords the same level of privilege to communications with a licensed marriage and family therapist as to those with a psychotherapist.
SFA (2, D. Seum) - Declare an EMERGENCY.
SFA (3/Title, D. Seum) - Make title amendment.
HCS/FN - Retain original provisions and add fee-based pastoral counselors to the definitions of mental health professionals who are provided immunity from liability for failure to warn about an adult patient's behavior; and add fee-based pastoral counselors to the definitions of mental health professionals who are provided immunity from liability for failure to warn about a patient's behavior when the patient is a child or youth.
Jan 11-introduced in Senate
Jan 16-to Licensing and Occupations (S)
Jan 23-reported favorably, 1st reading, to Calendar
Jan 24-2nd reading, to Rules
Jan 25-posted for passage in the Regular Orders of the Day for Tuesday, January 29, 2002; floor amendments (1) (2) and (3-title) filed
Jan 29-3rd reading, passed 36-0 with floor amendments (1) (2) and (3-title) ; received in House
Feb 5-to Health and Welfare (H)
Feb 19-posted in committee
Feb 21-reported favorably, 1st reading, to Calendar with Committee Substitute
Feb 22-2nd reading, to Rules
Mar 1-posted for passage in the Regular Orders of the Day for Monday, March 4, 2002
Mar 11-3rd reading, passed 95-0 with Committee Substitute
Mar 12-received in Senate
Mar 19-posted for passage for concurrence in House Committee Substitute for Wednesday, March 20, 2002
Mar 20-Senate concurred in House Committee Substitute ; passed 34-0
Mar 21-enrolled, signed by each presiding officer; delivered to Governor
Mar 28-signed by Governor (Acts ch. 99)
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