As used in this chapter, unless the context otherwise requires:
(1) "Authorized staff physician" means a person who is employed as a physician of an ICF/ID;
(2) "Interdisciplinary team" means the group of persons responsible for the diagnosis, evaluation, and individualized program planning and service implementation for the resident. The team is composed of a physician, a psychologist, a registered nurse, a social worker, and other professionals, at least one (1) of whom is a qualified professional in the area of intellectual disabilities, and may include the resident, the resident's family, or the guardian;
(3) "Cabinet" means the Kentucky Cabinet for Health and Family Services;
(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 actions which deprive self, family, or others of the basic means of survival 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 evaluation, care, and treatment for mentally ill persons or individuals with an intellectual disability who have been charged with or convicted of a felony;
(6) "Hospital" means:
(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 an individual with an intellectual disability appropriate treatment or care consistent with accepted professional practice. For purposes of this section, least restrictive alternative mode of treatment may include an institutional placement;
(9) "Individual with an intellectual disability" means a person with significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period;
(10) "ICF/ID" means an intermediate-care facility approved by the cabinet for the evaluation, care, and treatment of individuals with an intellectual disability;
(11) "Petitioner" means a person who institutes a proceeding under this chapter;
(12) "Qualified professional in the area of intellectual disabilities" means:
(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/ID pursuant to the provisions of this chapter;
(15) "Respondent" means a person alleged in a hearing under this chapter to be an individual with an intellectual disability; and
(16) "Secretary" shall mean the secretary of the Cabinet for Health and Family Services.
Amended by 2012 Ky. Acts ch. 146,§ 36, eff. 7/11/2012.
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 ch. 426, sec. 180, effective July 15, 1998. -- Amended 1996, Ky. Acts ch. 369, sec. 20, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 147, sec. 1, effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 139, sec. 20, effective July 15, 1988. --Amended 1986 Ky. Acts ch. 79, sec. 1, effective March 6, 1986. --Created 1976 Ky. Acts ch. 328, sec. 2.