2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.1949 Effect of anatomical gift or advance health-care directive.
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311.1949 Effect of anatomical gift or advance health-care directive.
(1) As used in this section:
(a) "Advance health-care directive" means a power of attorney for health care or a
record signed or authorized by a prospective donor containing the prospective <br>donor's direction concerning a health-care decision for the prospective donor;
(b) "Declaration" means a record signed by a prospective donor specifying the
circumstances under which a life support system may be withheld or <br>withdrawn from the prospective donor; and
(c) "Health-care decision" means any decision regarding the health care of the
prospective donor.
(2) If a prospective donor has a declaration or advance health-care directive and the
terms of the declaration or directive and the express or implied terms of a potential <br>anatomical gift are in conflict with regard to the administration of measures <br>necessary to ensure the medical suitability of a part for transplantation or therapy, <br>the prospective donor's attending physician and prospective donor shall confer to <br>resolve the conflict. If the prospective donor is incapable of resolving the conflict, <br>an agent acting under the prospective donor's declaration or directive, or, if none or <br>the agent is not reasonably available, another person authorized by law other than <br>KRS 311.1911 to 311.1959 to make health-care decisions on behalf of the <br>prospective donor, shall act for the donor to resolve the conflict. Information <br>relevant to the resolution of the conflict may be obtained from the appropriate <br>procurement organization and any other person authorized to make an anatomical <br>gift for the prospective donor under KRS 311.1925. Before the resolution of the <br>conflict, measures necessary to ensure the medical suitability of the part from a <br>prospective donor may be administered unless it is determined that the <br>administration of those measures would not provide the prospective donor <br>appropriate end-of-life care, or it can be anticipated by reasonable medical judgment <br>that such measures would result in or hasten the prospective donor's death. If the <br>conflict is not resolved expeditiously, the direction of the declaration or advance <br>directive controls.
Effective: July 15, 2010 <br>History: Created 2010 Ky. Acts ch. 161, sec. 20, effective July 15, 2010.
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