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AN ACT relating to treatment programs. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 222 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For purposes of this section, "voluntarily" describes the action of a resident who 5
elects, of his or her own volition, to leave a facility described in subsection (2) of 6
this section against medical advice and who provides notice to the facility that he 7
or she intends to leave or who actually leaves the facility. 8
(2) Any substance use disorder program that is authorized or regulated under this 9
chapter or that holds a chemical dependency treatment services license under 10
KRS 222.231 and issued in accordance with KRS 216B.042, or a recovery 11
residence as defined in KRS 222.500 shall, for any resident who wishes to 12
voluntarily leave the treatment program, either: 13
(a) Obtain agreement from the resident's family member, guardian, or 14
emergency contact to personally transport the resident within twenty-four 15
(24) hours; or 16
(b) Make available transportation services. 17
(3) Transportation services may include providing the resident access to: 18
(a) A ride-sharing service and purchasing a one (1) way service to: 19
1. A specific address in the resident's hometown of record; or 20
2. The city hall in the resident's hometown of record; 21
(b) Public transportation, including but not limited to transporting the resident 22
to the nearest commercial bus station and purchasing a ticket to the 23
resident's hometown of record; or 24
(c) Other transportation to a safe place as determined by the facility to be 25
therapeutically appropriate. 26
(4) The facilities described in subsection (2) of this section and law enforcement 27 UNOFFICIAL COPY 24 RS SB 71/GA
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officers shall only transport residents voluntarily leaving the facility to public 1
transportation locations, the location to meet the driver of a ride-sharing service, 2
or other safe place as determined by the facility to be therapeutically appropriate. 3
(5) (a) If a resident required by court order to attend a treatment facility described 4
in subsection (2) of this section leaves the facility prior to court approval or 5
prior to completing the conditions of the court order, the treatment facility 6
shall notify the court, county attorney, local law enforcement, and the 7
resident's family of the resident's exit if permitted by: 8
1. The Health Insurance Portability and Accountability Act of 1996, 9
Pub. L. No. 104-191; 10
2. 42 C.F.R. pt. 2; and 11
3. Other applicable and federal patient privacy laws. 12
(b) A probation officer or peace officer, acting on information provided by the 13
treatment facility under paragraph (a) of this subsection, who sees the 14
resident violate the terms of his or her conditional discharge or violate the 15
court order shall arrest the resident without a warrant and incarcerate the 16
resident until the judge who made the initial court order holds a hearing on 17
the resident's violation of that court order. 18
(6) Any substance use disorder program that is authorized or regulated under this 19
chapter or that holds a chemical dependency treatment services license under 20
KRS 222.231 and issued in accordance with KRS 216B.042, or a recovery 21
residence as defined in KRS 222.500 shall provide full disclosure of the specific 22
services provided by the substance use disorder program to any potential patients 23
and in any advertisements or other solicitations. 24
(7) A facility that does not hold a chemical dependency treatment services license 25
under KRS 222.231 and issued in accordance with KRS 216B.042, is not a 26
substance use disorder program that is authorized or regulated under this 27 UNOFFICIAL COPY 24 RS SB 71/GA
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chapter, or is not a recovery residence as defined in KRS 222.500 shall be exempt 1
from this section. 2
SECTION 2. A NEW SECTION OF KRS CHAPTER 222 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) Any substance use disorder program that is authorized or regulated under this 5
chapter or that holds a chemical dependency treatment services license under 6
KRS 222.231 and issued in accordance with KRS 216B.042 or a recovery 7
residence as defined in KRS 222.500 shall not recruit into their facility any out-8
of-state resident. 9
(2) Any substance use disorder program that is authorized or regulated under this 10
chapter, or that holds a chemical dependency treatment services license under 11
KRS 222.231 and issued in accordance with KRS 216B.042, or a recovery 12
residence as defined in KRS 222.500 that violates subsection (1) of this section 13
shall be fined: 14
(a) Two hundred fifty dollars ($250) for a first violation; 15
(b) Five hundred dollars ($500) for a second violation; and 16
(c) One thousand dollars ($1,000) for a third violation and each subsequent 17
violation with a referral to the division within the cabinet in charge of 18
reviewing licensure. 19