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HB 305/FN (BR 1129) - K. Moser, D. Bentley, R. Benvenuti III, J. Blanton, M. Castlen, D. Elliott, C. Fugate, M. Hart, D. Horlander, R. Palumbo, A. Simpson, D. St. Onge, S. Westrom, A. Wuchner

     AN ACT relating to treatment for alcohol and other drug abuse.
     Amend KRS 222.431, relating to criteria for involuntary treatment for alcohol and other drug abuse, to specify that the no person shall be ordered to undergo treatment unless the person can reasonably benefit from treatment in accordance with a qualified health professional's recommendation; amend KRS 222.432 to provide that a judge can order a person to undergo treatment for up to one year; clarify that the petition for treatment may be initiated in a District Court in the county in which the person resides on a permanent or temporary basis; clarify that the petitioner is responsible for only those costs of evaluation and treatment not covered by a third-party payor; clarify that no petitioner shall be required to place a deposit with the court to cover the costs of evaluation and treatment; amend KRS 222.433 to clarify that the petitioner can choose the qualified health professionals who will evaluate the respondent; allow an examination of a qualified health professional performed within the last 3 months to be admissible as one of the required examinations; allow the petitioners an opportunity to file the correct paperwork and to gather additional evidence; allow for the renewal of the petition for treatment beyond one year; allow the court order to be amended to place the respondent in a more appropriate treatment program; amend KRS 222.434 to clarify that the District Court of any county where the person may be found may issue a 72 hour emergency treatment order; create a new section of KRS 222.430 to 222.437 to require treatment programs to notify the court when the respondent fails to appear or participate in treatment as ordered by the court; amend KRS 222.435 to allow the petitioner, or a person chosen by the petitioner, to transport the respondent to a hospital, to an examination, or to a treatment program; create a new section of KRS 222.430 to 222.437 to provide that proceedings are not open to the public and that any court records of a respondent are confidential; amend KRS 222.470 to require Medicaid and private insurers to use comparative medical necessity and reimbursement methodology to cover alcohol and other drug abuse treatment services.


AMENDMENTS

     HFA1( J. Nemes ) - Raise burden of proof to a preponderance of the evidence; allow review after 90 days of decision to commit for involuntary treatment; limit sanction for contempt to 10 days.
     HFA2( K. Moser ) - Allow the court to request a treatment status update from a respondent's treatment program every 90 days; require the treatment program to provide a treatment status if requested by the court; limit a sanction for contempt to 30 days or until transported to a treatment program, whichever occurs earlier.
     HFA3( K. Moser ) - Allow the court to request a treatment status update from a respondent's treatment program every 90 days; require the treatment program to provide a treatment status if requested by the court.
     HFA4( M. Cantrell ) - Raise the burden of proof from probable cause to clear and convincing evidence; provide the petitioner no more than 14 days to correct paperwork or gather additional evidence before a court dismisses a petition; allow review after 90 days of decision to commit for involuntary treatment; require that a court to schedule a contempt hearing if the report from the treatment program shows by a preponderance of the evidence that the respondent failed to comply with the court's order for treatment; limit sanction for contempt to seven days; clarify that court records are available to the respondent and his or her counsel.
     HFA5/P( K. Moser ) - Specify that the fee for any appointed counsel for respondent shall not exceed $500; allow the court to request a treatment status update from a respondent's treatment program every 90 days; require the treatment program to provide a treatment status if requested by the court; amend KRS 620.100 to make the fee for court-appointed counsel in dependency, neglect, and abuse cases the same in District Court as in Family Court.
     HFA6( K. Moser ) - Make title amendment.
     SCS1 - Delete the fee for any appointed counsel for respondent; delete language providing petitioners an opportunity to file the correct paperwork and to gather additional evidence; authorize that a petitioner or respondent, in conjunction with a treatment program, to motion the court to place the respondent in a more appropriate treatment program; require a county attorney, and not the court, to initiate contempt proceedings; allow the court to authorize the sheriff, the petitioner, or any other appropriate person to transport the respondent to an examination or to a treatment program; repeal KRS 222.434, emergency hospitalization for those that present an imminent threat of danger to self, family, or others as a result of alcohol and other drug abuse; amend KRS 210.485 to conform.

     Feb 10, 2017 - introduced in House
     Feb 14, 2017 - to Judiciary (H); posted in committee
     Feb 16, 2017 - reported favorably, 1st reading, to Calendar; floor amendment (1) filed
     Feb 17, 2017 - 2nd reading, to Rules
     Feb 21, 2017 - posted for passage in the Regular Orders of the Day for Thursday, February 23, 2017; floor amendment (2) filed
     Feb 23, 2017 - floor amendment (3) filed
     Feb 27, 2017 - floor amendment (4) filed
     Mar 01, 2017 - floor amendments (5) and (6-title) filed
     Mar 02, 2017 - 3rd reading, passed 95-0 with floor amendments (5) and (6-title)
     Mar 03, 2017 - received in Senate
     Mar 06, 2017 - taken from Committee on Committees (S); 1st reading; returned to Committee on Committees (S); to Judiciary (S)
     Mar 07, 2017 - taken from Judiciary (S); 2nd reading; returned to Judiciary (S)
     Mar 15, 2017 - reported favorably, to Rules with Committee Substitute