2013 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)
(2)
(3)
(4)
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 where the grantor is a patient that an advance directive has been
made. If the grantor is comatose, incompetent, or otherwise mentally or
physically incapable, any other person may notify the attending physician of the
existence of an advance directive. An attending physician who is notified shall
promptly make the living will directive or a copy of the advance directive a part
of the grantor's medical records.
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 shall immediately inform the patient or the patient's responsible party and
the family or guardian of the patient of the refusal. No physician or health care
facility which refuses to comply with the advance directive of a qualified patient
or decision made by a responsible party shall impede the transfer of the patient
to another physician or health care facility which will comply with the advance
directive. If the patient, the family, or the guardian of the patient has requested
and authorized a transfer, the transferring attending physician and health care
facility shall supply the patient's medical records and other information or
assistance medically necessary for the continued care of the patient, to the
receiving physician and health care facility.
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 hospital or health care facility his objection to complying with the
advance directive of a patient or a health care decision of a responsible party
under KRS 311.621 to 311.643, on moral, religious, or professional grounds,
shall be required to, or held liable for refusal to, comply with the advance
directive or health care decision as long as the physician, nurse, staff member,
or employee complies with the requirements of subsection (2) of this section
regarding patient notification and patient transfer.
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 other approvals or documents of qualification to any physician,
nurse, staff member, or employee who refuses to comply with the advance
directive of a patient or a health care decision by a responsible party under
KRS 311.621 to 311.643, as long as the physician, nurse, staff member, or
employee complies with the provisions of subsection (2) of this section
regarding notification and transfer.
Effective:July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 7, effective July 15, 1994.
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