2014 Kentucky Revised Statutes CHAPTER 405 - PARENT AND CHILD 405.024 Adult caregiver with whom minor resides may, by affidavit, establish authority to make health care treatment and school-related decisions for minor -- Conditions -- Authority may be revoked or superseded -- Obligations and liability of health care provider -- Penalty.
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405.024 Adult caregiver with whom minor resides may, by affidavit, establish
authority to make health care treatment and school-related decisions for
minor -- Conditions -- Authority may be revoked or superseded -Obligations and liability of health care provider -- Penalty.
(1)
(2)
As used in this section:
(a) "Cabinet" means the Cabinet for Health and Family Services;
(b) "Caregiver" means an adult person with whom a minor resides, including
a grandparent, stepgrandparent, stepparent, aunt, uncle, or any other
adult relative of the minor;
(c) "De facto custodian" has the same meaning as defined in KRS 403.270;
(d) "Department" means the Department of Education;
(e) "Health care provider" means any licensed medical, surgical, dental,
psychological, or osteopathic practitioner; nurse practitioner;
occupational, physical, or speech therapist; hospital; public or private
health clinic; or their agents or employees; and
(f) "Health care treatment":
1.
Means any necessary medical and dental examination, diagnostic
procedure, and treatment, including but not limited to hospitalization,
developmental screening, mental health screening and treatment,
preventive care, immunizations recommended by the federal
Centers for Disease Control and Prevention's Advisory Committee
on Immunization Practices, well-child care, blood testing, and
occupational, physical, and speech and language therapies; and
2.
Does not mean any procedure to terminate a pregnancy, pregnancy
determination testing, HIV or AIDS testing, controlled substance
testing, or any other testing for which a separate court order or
informed consent is required under other applicable law.
The caregiver shall create an affidavit establishing the caregiver's ability to
authorize health care treatment for a minor and to make school-related
decisions for a minor. The affidavit shall include but not be limited to the
following information:
(a) The name and address of the caregiver;
(b) The caregiver's relationship to the minor to whom the affidavit applies;
(c) A statement that the caregiver is over the age of eighteen (18);
(d) The name and date of birth of the minor to whom the affidavit applies;
(e) A statement that the minor resides in the caregiver's home;
(f) A statement that the caregiver shall be allowed to authorize the provision
of health care treatment to the minor, or to withhold such authorization;
(g) A statement that the caregiver shall be the person responsible for
enrolling the minor in school and acting as the minor's legal contact with
the school for the purposes of making decisions on enrollment,
attendance, extracurricular activities, discipline, and all other
school-related activities;
(h) A statement identifying the minor's parents, de facto custodian, guardian,
(3)
(4)
(5)
(6)
(7)
or legal custodian and describing the caregiver's relationship to the
parents, de facto custodian, guardian, or legal custodian;
(i) A statement that no other party has legal standing in custody issues for
the minor other than those parties identified in paragraph (h) of this
subsection;
(j) The dated signatures of the minor's parents, de facto custodian, guardian,
or legal custodian indicating their approval of the caregiver's ability to
authorize the provision of health care treatment to the minor and to make
school-related decisions for the minor. If a parent or parents, de facto
custodian, guardian, or legal custodian are unavailable to sign the
affidavit, the affidavit shall include a statement describing the
circumstances of their unavailability and a statement of the caregiver's
reasonable efforts to locate them;
(k) The dated signature of the caregiver;
(l) A statement that acknowledges that a person making false statements in
the affidavit shall be subject to criminal penalties;
(m) A statement that acknowledges that execution of the affidavit does not
confer upon the caregiver the status of a de facto custodian, guardian, or
legal custodian of the minor; and
(n) A statement that acknowledges the requirement for the caregiver to notify
any health care provider or school to which the affidavit was presented if
the minor ceases to reside with the caregiver or the affidavit is revoked by
the minor's parent or parents, de facto custodian, guardian, legal
custodian, or caregiver.
The health care authorization portion of the affidavit described in subsection (2)
of this section shall be valid for one (1) year and may be renewed annually
thereafter unless it is revoked by the minor's parent or parents, de facto
custodian, guardian, legal custodian, or caregiver, or if the minor no longer
resides with the caregiver. Execution or revocation of the health care
authorization portion of the affidavit shall not operate as a complete execution
or revocation of the entire affidavit.
The education authorization portion of the affidavit described in subsection (2)
of this section shall be valid for one (1) year and may be renewed annually
thereafter unless it is revoked by the minor's parent or parents, de facto
custodian, guardian, legal custodian, or caregiver, or if the minor no longer
resides with the caregiver. Execution or revocation of the education
authorization portion of the affidavit shall not operate as a complete execution
or revocation of the entire affidavit.
A caregiver may authorize the provision of health care treatment or may refuse
the provision of health care treatment to a minor residing with the caregiver if
the caregiver presents to a health care provider a duly executed affidavit as
described in subsection (2) of this section.
The decision of a caregiver to authorize or refuse health care treatment for a
minor shall be superseded by a decision of a parent, de facto custodian,
guardian, or legal custodian of the minor.
A health care provider shall honor a caregivers authorization to provide health
care treatment to a minor, or the caregivers decision to withhold such
authorization, if the caregiver presents to the provider a duly executed affidavit
described in subsection (2) of this section. A health care provider shall refuse
to honor the caregivers decision to seek or refuse health care treatment if the
provider has actual knowledge that a parent, de facto custodian, legal
custodian, or guardian has made a superseding decision to authorize or refuse
health care treatment for the minor. The provisions of this subsection shall not
be construed to prohibit a health care provider from providing health care
treatment for a condition that, left untreated, could reasonably be expected to
substantially threaten the health or life of the minor.
(8) A person who relies in good faith on a duly executed affidavit as described in
subsection (2) of this section in providing or refusing health care treatment
shall:
(a) Be under no obligation to undertake further investigation into the
circumstances forming the basis of the caregiver's authorization to the
provision or refusal of health care treatment; and
(b) Not be subject to criminal or civil liability or professional disciplinary action
because of that reliance.
(9) The provisions of this section shall not be construed to relieve any health care
provider from liability for negligence in the provision of health care treatment.
(10) An affidavit described in subsection (2) of this section may be revoked by the
minor's parent, de facto custodian, guardian, legal custodian, or caregiver, and
shall be revoked if the minor to whom it applies ceases to reside with the
caregiver. If an affidavit is revoked, the caregiver shall give written notice of
revocation to any health care provider to which the affidavit was presented for
the purpose of obtaining health care for the minor.
(11) A person who knowingly makes a false statement in an affidavit described in
subsection (2) of this section shall be guilty of a Class A misdemeanor.
Effective:July 15, 2014
History: Created 2014 Ky. Acts ch. 69, sec. 2, effective July 15, 2014.
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