| Last Action | reported favorably, to Rules with Committee Substitute |
|---|---|
| Title | AN ACT relating to treatment for alcohol and other drug abuse. |
| Bill Documents |
Current/Final
Introduced |
| Impact Statements | Fiscal Note |
| Bill Request Number | 1129 |
| Sponsors | K. Moser, D. Bentley, R. Benvenuti III, J. Blanton, M. Castlen, D. Elliott, C. Fugate, M. Hart, D. Horlander, R. Palumbo, A. Simpson, D. St. Onge, S. Westrom, A. Wuchner |
| Summary of Original Version | Amend KRS 222.431, relating to criteria for involuntary treatment for alcohol and other drug abuse, to specify that the no person shall be ordered to undergo treatment unless the person can reasonably benefit from treatment in accordance with a qualified health professional's recommendation; amend KRS 222.432 to provide that a judge can order a person to undergo treatment for up to one year; clarify that the petition for treatment may be initiated in a District Court in the county in which the person resides on a permanent or temporary basis; clarify that the petitioner is responsible for only those costs of evaluation and treatment not covered by a third-party payor; clarify that no petitioner shall be required to place a deposit with the court to cover the costs of evaluation and treatment; amend KRS 222.433 to clarify that the petitioner can choose the qualified health professionals who will evaluate the respondent; allow an examination of a qualified health professional performed within the last 3 months to be admissible as one of the required examinations; allow the petitioners an opportunity to file the correct paperwork and to gather additional evidence; allow for the renewal of the petition for treatment beyond one year; allow the court order to be amended to place the respondent in a more appropriate treatment program; amend KRS 222.434 to clarify that the District Court of any county where the person may be found may issue a 72 hour emergency treatment order; create a new section of KRS 222.430 to 222.437 to require treatment programs to notify the court when the respondent fails to appear or participate in treatment as ordered by the court; amend KRS 222.435 to allow the petitioner, or a person chosen by the petitioner, to transport the respondent to a hospital, to an examination, or to a treatment program; create a new section of KRS 222.430 to 222.437 to provide that proceedings are not open to the public and that any court records of a respondent are confidential; amend KRS 222.470 to require Medicaid and private insurers to use comparative medical necessity and reimbursement methodology to cover alcohol and other drug abuse treatment services. |
| Index Headings of Original Version |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Proposed Amendments |
House Floor Amendment 1 House Floor Amendment 2 House Floor Amendment 3 House Floor Amendment 4 House Floor Amendment 5 House Floor Amendment 6 Senate Committee Substitute 1 |
| Votes | Vote History |
| 02/10/17 |
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|---|---|
| 02/14/17 |
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| 02/16/17 |
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| 02/17/17 |
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| 02/21/17 |
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| 02/23/17 |
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| 02/27/17 |
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| 03/01/17 |
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| 03/02/17 |
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| 03/03/17 |
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| 03/06/17 |
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| 03/07/17 |
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| 03/15/17 |
|
| Amendment | House Floor Amendment 1 |
|---|---|
| Sponsor | J. Nemes |
| Summary | Raise burden of proof to a preponderance of the evidence; allow review after 90 days of decision to commit for involuntary treatment; limit sanction for contempt to 10 days. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Amendment | House Floor Amendment 2 |
|---|---|
| Sponsor | K. Moser |
| Summary | Allow the court to request a treatment status update from a respondent's treatment program every 90 days; require the treatment program to provide a treatment status if requested by the court; limit a sanction for contempt to 30 days or until transported to a treatment program, whichever occurs earlier. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Amendment | House Floor Amendment 3 |
|---|---|
| Sponsor | K. Moser |
| Summary | Allow the court to request a treatment status update from a respondent's treatment program every 90 days; require the treatment program to provide a treatment status if requested by the court. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Amendment | House Floor Amendment 4 |
|---|---|
| Sponsor | M. Cantrell |
| Summary | Raise the burden of proof from probable cause to clear and convincing evidence; provide the petitioner no more than 14 days to correct paperwork or gather additional evidence before a court dismisses a petition; allow review after 90 days of decision to commit for involuntary treatment; require that a court to schedule a contempt hearing if the report from the treatment program shows by a preponderance of the evidence that the respondent failed to comply with the court's order for treatment; limit sanction for contempt to seven days; clarify that court records are available to the respondent and his or her counsel. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Amendment | House Floor Amendment 5 |
|---|---|
| Piggyback? | Yes |
| Sponsor | K. Moser |
| Summary | Specify that the fee for any appointed counsel for respondent shall not exceed $500; allow the court to request a treatment status update from a respondent's treatment program every 90 days; require the treatment program to provide a treatment status if requested by the court; amend KRS 620.100 to make the fee for court-appointed counsel in dependency, neglect, and abuse cases the same in District Court as in Family Court. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Amendment | House Floor Amendment 6 |
|---|---|
| Sponsor | K. Moser |
| Summary | Make title amendment. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
| Amendment | Senate Committee Substitute 1 |
|---|---|
| Summary | Delete the fee for any appointed counsel for respondent; delete language providing petitioners an opportunity to file the correct paperwork and to gather additional evidence; authorize that a petitioner or respondent, in conjunction with a treatment program, to motion the court to place the respondent in a more appropriate treatment program; require a county attorney, and not the court, to initiate contempt proceedings; allow the court to authorize the sheriff, the petitioner, or any other appropriate person to transport the respondent to an examination or to a treatment program; repeal KRS 222.434, emergency hospitalization for those that present an imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse; amend KRS 210.485 to conform. |
| Index Headings |
Courts - Court-ordered treatment, alcohol and other drug abuse Criminal Procedure - Court-ordered treatment, alcohol and other drug abuse Health and Medical Services - Court-ordered treatment, alcohol and other drug abuse Insurance, Health - Court-ordered treatment, alcohol and other drug abuse Physicians and Practitioners - Court-ordered treatment, alcohol and other drug abuse Substance Abuse - Court-ordered treatment, alcohol and other drug abuse Alcoholism - Court-ordered treatment, alcohol and other drug abuse Civil Actions - Court-ordered treatment, alcohol and other drug abuse Civil Procedure - Court-ordered treatment, alcohol and other drug abuse Fiscal Note - Court-ordered treatment, alcohol and other drug abuse |
Last updated: 1/16/2019 3:02 PM (EST)