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-UNOFFICIAL COPY  26 RS HB 249/GA
-Page 1 of 5
-HB024910.100 - 1047 - XXXX   2/23/2026 4:38 PM  GA
-AN ACT relating to involuntary commitment. 1
-Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
-Section 1.   KRS 202C.010 is amended to read as follows: 3
-As used in this chapter, unless the context otherwise requires: 4
-(1) "Cabinet" means the Kentucky Cabinet for Health and Family Services; 5
-(2) "Commitment hearing" means the hearing under KRS 2 02C.040 to determine if a 6
-respondent meets the criteria for involuntary commitment under this chapter;  7
-(3) "Danger" means substantial physical harm or threat of substantial physical harm 8
-upon self or others; 9
-(4) "Evidentiary hearing" means the hearing under KRS 202C.030 to determine if the 10
-defendant committed the qualifying offense for which he or she was charg ed by a 11
-preponderance of the evidence; 12
-(5) "Forensic psychiatric facility" means a mental institution or facility, or part thereof, 13
-designated by the secretary for the purpose and function of providing inpatient 14
-evaluation, care, and treatment for mentally  ill persons or individuals with an 15
-intellectual disability who have been charged with or convicted of a felony; 16
-(6) "Hospital" means: 17
-(a) A state mental hospital or institution or other licensed public or private 18
-hospital, institution, health -care facilit y, or part thereof, approved by the 19
-cabinet[Kentucky Cabinet for Health and Family Services]  as equipped to 20
-provide full -time residential care and treatment for mentally ill persons or 21
-individuals with an intellectual disability; or 22
-(b) A hospital, institution, or health-care facility of the government of the United 23
-States equipped to provide residential care and treatment for mentally ill 24
-persons or individuals with an intellectual disability; 25
-(7) "Individual with an intellectual disability" means a person  with significantly 26
-subaverage general intellectual functioning existing concurrently with deficits in 27
-UNOFFICIAL COPY  26 RS HB 249/GA
-Page 2 of 5
-HB024910.100 - 1047 - XXXX   2/23/2026 4:38 PM  GA
-adaptive behavior and manifested during the developmental period; 1
-(8) "Judge" means the judge who found the respondent incompetent to stand trial in the 2
-criminal proceeding from which the petition for involuntary commitment arose; 3
-(9) "Less restrictive alternative mode of treatment" means a treatment given outside of 4
-a forensic psychiatric facility which would provide a respondent with appropriate 5
-treatment or care consistent with accepted professional practice standards and 6
-protect the respondent's safety and the safety of others; 7
-(10) "Mentally ill person" means a person with substantially impaired capacity to use 8
-self-control, judgment, or discretion in the conduct of the person's affairs and social 9
-relations, associated with maladaptive behavior or recognized emotional symptoms 10
-where impaired capacity, maladaptive behavior, or emotional symptoms can be 11
-related to physiological, psychological, or social factors; 12
-(11) "Qualified mental health professional" means: 13
-(a) A physician licensed under the laws of Kentucky to practice medicine or 14
-osteopathy, or a medical officer of the government of the United States while 15
-engaged in the performance of official duties; 16
-(b) A psychiatrist licensed under the laws of Kentucky to practice medicine or 17
-osteopathy, or a medical officer of the government of the United States while 18
-engaged in the practice of official duties, who is certified or eligible to apply 19
-for certification by the American Board of Psychiatry and Neurology, Inc.; 20
-(c) A psychologist with the health service provider designation, a psychological 21
-practitioner, a certified psychologist, or a psychological associate, licensed 22
-under [the provisions of ]KRS Chapter 319; 23
-(d) A licensed registered nurse with: 24
-1. A master's degree in psychiatric nursing from an accredited institution 25
-and two (2) years of clinical experience with mentally ill persons;[,] or 26
-2. [a licensed registered nurse, with ] A bachelor's degree i n nursing from 27
-UNOFFICIAL COPY  26 RS HB 249/GA
-Page 3 of 5
-HB024910.100 - 1047 - XXXX   2/23/2026 4:38 PM  GA
-an accredited institution, who: 1
-a. Is certified as a psychiatric and mental health nurse by the 2
-American Nurses Association;[ and who] 3
-b. Has three (3) years of inpatient or outpatient clinical experience in 4
-psychiatric nursing; and 5
-c. Is currently employed by: 6
-i. A hospital or forensic psychiatric facility licensed by the 7
-Commonwealth;[ or] 8
-ii. A psychiatric unit of a general hospital;[ or] 9
-iii. A private agency or company engaged in the provision of 10
-mental health services; or 11
-iv. A regional  community program for mental health and 12
-individuals with an intellectual disability; 13
-(e) A licensed clinical social worker licensed under [the provisions of ] KRS 14
-335.100, or a certified social worker licensed under [the provisions of ] KRS 15
-335.080 with thr ee (3) years of inpatient or outpatient clinical experience in 16
-psychiatric social work and currently employed by a hospital or forensic 17
-psychiatric facility licensed by the Commonwealth or a psychiatric unit of a 18
-general hospital or a private agency or com pany engaged in the provision of 19
-mental health services or a regional community program for mental health and 20
-individuals with an intellectual disability; 21
-(f) A marriage and family therapist licensed under [the provisions of ] KRS 22
-335.300 to 335.399 with th ree (3) years of inpatient or outpatient clinical 23
-experience in psychiatric mental health practice and currently employed by a 24
-hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 25
-of a general hospital, a private agency or company  engaged in providing 26
-mental health services, or a regional community program for mental health 27
-UNOFFICIAL COPY  26 RS HB 249/GA
-Page 4 of 5
-HB024910.100 - 1047 - XXXX   2/23/2026 4:38 PM  GA
-and individuals with an intellectual disability; 1
-(g) A professional counselor credentialed under [the provisions of ] KRS Chapter 2
-335.500 to 335.599 with three (3) years of inpatient or outpatient clinical 3
-experience in psychiatric mental health practice and currently employed by a 4
-hospital or forensic facility licensed by the Commonwealth, a psychiatric unit 5
-of a general  hospital, a private agency or company engaged in providing 6
-mental health services, or a regional community program for mental health 7
-and individuals with an intellectual disability; or 8
-(h) A physician assistant licensed under KRS 311.840 to 311.862, who m eets one 9
-(1) of the following requirements: 10
-1. Provides documentation that he or she has completed a psychiatric 11
-residency program for physician assistants; 12
-2. Has completed at least one thousand (1,000) hours of clinical experience 13
-under a supervising phy sician, as defined by KRS 311.840, who is a 14
-psychiatrist and is certified or eligible for certification by the American 15
-Board of Psychiatry and Neurology, Inc.; 16
-3. Holds a master's degree from a physician assistant program accredited 17
-by the Accreditation R eview Commission on Education for the 18
-Physician Assistant or its predecessor or successor agencies, is 19
-practicing under a supervising physician as defined by KRS 311.840, 20
-and: 21
-a. Has two (2) years of clinical experience in the assessment, 22
-evaluation, and treatment of mental disorders; or 23
-b. Has been employed by a hospital or forensic psychiatric facility 24
-licensed by the Commonwealth or a psychiatric unit of a general 25
-hospital or a private agency or company engaged in the provision 26
-of mental health services or a regional community program for 27
-UNOFFICIAL COPY  26 RS HB 249/GA
-Page 5 of 5
-HB024910.100 - 1047 - XXXX   2/23/2026 4:38 PM  GA
-mental health and individuals with an intellectual disability for at 1
-least two (2) years; or 2
-4. Holds a bachelor's degree, possesses a current physician assistant 3
-certificate issued by the board prior to July 15, 2002, i s practicing under 4
-a supervising physician as defined by KRS 311.840, and: 5
-a. Has three (3) years of clinical experience in the assessment, 6
-evaluation, and treatment of mental disorders; or 7
-b. Has been employed by a hospital or forensic psychiatric facilit y 8
-licensed by the Commonwealth or a psychiatric unit of a general 9
-hospital or a private agency or company engaged in the provision 10
-of mental health services or a regional community program for 11
-mental health and individuals with an intellectual disability f or at 12
-least three (3) years; 13
-(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony 14
-resulting in death or serious physical injury, or a felony offense under KRS 15
-Chapter 510[violation of KRS 510.040 or 510.070]; 16
-(13) "Respondent" means a person who was a criminal defendant found incompetent to 17
-stand trial who is or was the subject of a petition for involuntary commitment filed 18
-under KRS Chapter 504; 19
-(14) "Review hearing" means any hearing conducted to determine if a respondent 20
-continues to meet the criteria for involuntary commitment after the initial order for 21
-involuntary commitment has been issued under this chapter; and 22
-(15) "Secretary" means the secretary of the Cabinet for Health and Family Services. 23
+HOUSE OF REPRESENTATIVES
+
+KENTUCKY GENERAL ASSEMBLY AMENDMENT FORM
+
+2026 REGULAR SESSION
+
+Amend printed copy of HB 249
+
+Amendment No. HFA  Rep. Rep. Mitch Whitaker
+
+Committee Amendment   Signed:
+
+Floor Amendment   LRC Drafter:
+
+Adopted:   Date:
+
+Rejected:   Doc. ID: XXXX
+
+Page 1 of 1
+  On page 5, delete lines 14 to 16, and insert the following in lieu thereof:
+"(12) "Qualifying offense" means a capital offense, a Class A felony, a Class B felony resulting
+in death or serious physical inju ry, or a felony offense under KRS Chapter 510 [violation
+of KRS 510.040 or 510.070];".