Kentucky 2022 Regular Session

Kentucky House Bill HB127

Introduced
1/4/22  
Refer
1/4/22  
Refer
1/12/22  
Report Pass
1/13/22  
Engrossed
1/25/22  
Refer
1/25/22  
Refer
1/27/22  
Report Pass
2/23/22  
Enrolled
3/17/22  
Enrolled
3/17/22  
Chaptered
3/25/22  

Caption

AN ACT relating to court-ordered mental health treatment.

Impact

The bill amends existing laws within the Kentucky Revised Statutes, specifically impacting KRS 202A.0811 and KRS 202A.0815. By introducing more structured protocols for assisted outpatient treatment, the legislation aims to strike a balance between protecting the rights of individuals with serious mental health diagnoses and the safety of the community. The requirements for outpatient treatment hinge on a history of noncompliance that has necessitated hospitalization or posed a threat to themselves or others, thereby potentially reducing involuntary hospitalizations through proactive intervention.

Summary

House Bill 127 introduces provisions for court-ordered assisted outpatient treatment, aiming to facilitate the legal process for individuals with serious mental health issues who show a pattern of noncompliance with voluntary treatment. The bill outlines a procedure for filing a petition in District Court, initiated by various parties, including mental health professionals and family members, to determine if a respondent qualifies for this treatment. Furthermore, it specifies the necessary evidence needed to support such a petition, emphasizing the importance of previous evaluations and documented behaviors of the individual in question.

Sentiment

Overall, the sentiment surrounding HB 127 appears largely supportive among mental health advocates and legal professionals who recognize the need for structured support mechanisms for individuals grappling with severe mental health issues. However, some concerns have emerged from civil rights advocates who worry that court-ordered treatment may infringe upon personal liberties or not adequately address the root causes of noncompliance, such as lack of access to proper mental health resources or socioeconomic challenges.

Contention

Notable points of contention include the potential for misuse of court orders if adequate safeguards are not in place to protect individual rights. Critics argue that the petition process could be exploited, leading to unnecessary legal obligations for individuals who might not require such stringent measures. The bill's reliance on mental health professionals to certify eligibility for court-ordered treatment poses questions about consistency in assessments and interpretations of an individual's capacity for compliance with treatment. These debates underline the ongoing struggle to find an effective and ethical framework for managing mental health treatment through legal means.

Companion Bills

No companion bills found.

Previously Filed As

KY HB730

AN ACT relating to medical transports and admissions.

KY HB385

AN ACT relating to mental capacity.

KY HB79

AN ACT relating to mental health.

KY SB71

AN ACT relating to health services.

KY HB148

AN ACT relating to the assignment of substance abuse or mental health treatment benefits.

KY HB823

Mental Health Law - Assisted Outpatient Treatment Programs

KY HB2353

Increasing the amount of time a person may be held for treatment and adding criteria for when continued treatment may be ordered under the care and treatment act for mentally ill persons.

KY HB791

AN ACT relating to the Cabinet for Health and Family Services.

KY HB0299

Court-ordered Treatment Modifications

KY HB2339

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.

Similar Bills

CA AB395

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AZ HB2745

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AZ SB1310

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AZ HB2944

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CA SB349

California Ethical Treatment for Persons with Substance Use Disorder Act.

AZ HB2041

Mental health; voluntary evaluations; payment

CA AB1230

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IA HF574

A bill for an act establishing a veterans recovery pilot program and fund for the reimbursement of expenses related to providing hyperbaric oxygen treatment to eligible veterans.(Formerly HF 479.)