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SB 85 (BR 1126) - W. Westerfield

     AN ACT relating to mental health.
     Amend KRS 202A.400, relating to the duty to take precautions against a patient's violent behavior, to expand the definition of "patient" to include persons currently under the care or treatment of mental health professionals.


     SCA (1, W. Westerfield) - Clarify definition of patient to include person recieving outpatient care or treatment.
     HCS - Retain original provisions, except add a new section of KRS Chapter 202A establishing a pilot project for community-based outpatient mental health treatment pursuant to KRS 202A.081; require that the pilot will be in three counties to be determined by the Department for Behavioral Health, Developmental and Intellectual Disabilities and the Department for Public Advocacy and will require that the attorney and, if available, alternative sentencing social worker be present when an agreement for court-ordered community-based outpatient treatment is reached and allow a peer support specialist or other supportive person to be present with approval of the court; permit the Department of Public Advocacy to assign an alternative sentencing social worker to any person under court order who shall develop a treatment plan in collaboration with a community mental health center; require the court to appoint a case manager or team employed by a community mental health center to monitor treatment adherence, report on the person's functioning, recommend community support services, and assist the person in applying for social services; require that the case manager or team is available 24/7 and adequately trained; require that providers use evidence-based practices and define the term; provide that failure to abide by the treatment plan may result in rehospitalization provided that the criteria are met, procedures are initiated via affidavit by the case manager or team, and mental health examinations take place at community mental health centers; permit community-based outpatient treatment to be ordered an additional three times if a hearing took place and the court found a failure of treatment adherence and that the treatment is appropriate and necessary; require that court-ordered outpatient services are Medicaid-eligible and covered; require that courts report such orders to the cabinet and require that the cabinet submit annual reports on the pilot project to the Governor and the LRC.

     Jan 16-introduced in Senate
     Jan 22-to Judiciary (S)
     Feb 6-reported favorably, 1st reading, to Calendar with committee amendment (1)
     Feb 7-2nd reading, to Rules
     Feb 12-posted for passage in the Regular Orders of the Day for Wednesday, February 12, 2014; 3rd reading, passed 36-0 with committee amendment (1) ; received in House
     Feb 13-to Health & Welfare (H)
     Mar 19-posted in committee; posting waived
     Mar 20-reported favorably, 1st reading, to Consent Calendar with Committee Substitute
     Mar 21-2nd reading, to Rules; taken from Rules; placed in the Consent Orders of the Day for Tuesday, March 25, 2014
     Mar 25-3rd reading, passed 99-0 with Committee Substitute ; received in Senate; to Rules (S)
     Apr 14-posted for passage for concurrence in House Committee Substitute ; Senate refused to concur in House Committee Substitute ; received in House; to Rules (H); posted for passage for receding from House Committee Substitute ; House refused to recede from Committee Substitute ; Conference Committee appointed in House

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