2009 Kentucky Revised Statutes CHAPTER 311 PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.633 Notification to attending physician and health care facility -- Effect of refusal to comply -- Unlawful discriminatory practices.
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311.633 Notification to attending physician and health care facility -- Effect of
refusal to comply -- Unlawful discriminatory practices.
(1) It shall be the responsibility of the grantor or the responsible party of the grantor to
provide for notification to the grantor's attending physician and health care facility <br>where the grantor is a patient that an advance directive has been made. If the grantor <br>is comatose, incompetent, or otherwise mentally or physically incapable, any other <br>person may notify the attending physician of the existence of an advance directive. <br>An attending physician who is notified shall promptly make the living will directive <br>or a copy of the advance directive a part of the grantor's medical records.
(2) An attending physician or health care facility which refuses to comply with the
advance directive of a patient or decision made by a surrogate or responsible party <br>shall immediately inform the patient or the patient's responsible party and the family <br>or guardian of the patient of the refusal. No physician or health care facility which <br>refuses to comply with the advance directive of a qualified patient or decision made <br>by a responsible party shall impede the transfer of the patient to another physician <br>or health care facility which will comply with the advance directive. If the patient, <br>the family, or the guardian of the patient has requested and authorized a transfer, the <br>transferring attending physician and health care facility shall supply the patient's <br>medical records and other information or assistance medically necessary for the <br>continued care of the patient, to the receiving physician and health care facility.
(3) No physician, nurse, staff member, or employee of a public or private hospital, or
employee of a public or private health care facility, who shall state in writing to the <br>hospital or health care facility his objection to complying with the advance directive <br>of a patient or a health care decision of a responsible party under KRS 311.621 to <br>311.643, on moral, religious, or professional grounds, shall be required to, or held <br>liable for refusal to, comply with the advance directive or health care decision as <br>long as the physician, nurse, staff member, or employee complies with the <br>requirements of subsection (2) of this section regarding patient notification and <br>patient transfer.
(4) It shall be unlawful discriminatory practice for any person to impose penalties or
take disciplinary action against or deny or limit licenses, certifications, degrees, or <br>other approvals or documents of qualification to any physician, nurse, staff member, <br>or employee who refuses to comply with the advance directive of a patient or a <br>health care decision by a responsible party under KRS 311.621 to 311.643, as long <br>as the physician, nurse, staff member, or employee complies with the provisions of <br>subsection (2) of this section regarding notification and transfer.
Effective: July 15, 1994 <br>History: Created 1994 Ky. Acts ch. 235, sec. 7, effective July 15, 1994.
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