504.060 Definitions for chapter.
As used in this chapter, unless the context otherwise requires:
(1)
(2)
(11)
"Department" means the Department of Corrections;
"Forensic psychiatric facility" means a mental institution or facility, or part thereof,
designated by the secretary of the Cabinet for Health and Family Services for the
purpose and function of providing inpatient evaluation, care, and treatment for
mentally ill or mentally retarded persons who have been charged with or convicted
of a felony;
"Foreseeable future" means not more than three hundred sixty (360) days;
"Incompetency to stand trial" means, as a result of mental condition, lack of
capacity to appreciate the nature and consequences of the proceedings against one
or to participate rationally in one's own defense;
"Insanity" means, as a result of mental condition, lack of substantial capacity either
to appreciate the criminality of one's conduct or to conform one's conduct to the
requirements of law;
"Mental illness" means substantially impaired capacity to use self-control,
judgment, or discretion in the conduct of one's affairs and social relations,
associated with maladaptive behavior or recognized emotional symptoms where
impaired capacity, maladaptive behavior, or emotional symptoms can be related to
physiological, psychological, or social factors;
"Mental retardation" means significantly subaverage general intellectual functioning
existing concurrently with deficits in adaptive behavior and manifested during the
developmental period and is a condition which may exist concurrently with mental
illness or insanity;
"Psychiatrist" means a physician licensed pursuant to KRS Chapter 311 who is
certified or eligible to apply for certification by the American Board of Psychiatry
and Neurology, Inc.;
"Psychologist" means a person licensed at the doctoral level pursuant to KRS
Chapter 319 who has been designated by the Kentucky Board of Examiners of
Psychology as competent to perform examinations;
"Treatment" means medication or counseling, therapy, psychotherapy, and other
professional services provided by or at the direction of psychologists or
psychiatrists. "Treatment" shall not include electroshock therapy or psychosurgery;
and
“Treatment facility" means an institution or part thereof, approved by the Cabinet
for Health and Family Services, which provides evaluation, care, and treatment for
insane, mentally ill, or mentally retarded persons on an inpatient or outpatient basis,
or both.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 653, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 605, effective July 15, 1998. -- Amended 1992 Ky. Acts
ch. 211, sec. 131, effective July 14, 1992. -- Amended 1988 Ky. Acts ch. 139,
sec. 15, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 331, sec. 57, effective
July 15, 1986. -- Created 1982 Ky. Acts ch. 113, sec. 1, effective July 15, 1982.
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