2015 Kentucky Revised Statutes CHAPTER 311 - PHYSICIANS, OSTEOPATHS, PODIATRISTS, AND RELATED MEDICAL PRACTITIONERS 311.633 Notification to attending physician and health care facility of existing advance directive or medical order for scope of treatment -- Effect of refusal to comply -- Unlawful discriminatory practices.
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311.633 Notification to attending physician and health care facility of existing
advance directive or medical order for scope of treatment -- 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 or a medical order for scope
of treatment 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 or a medical order for scope of
treatment. An attending physician who is notified shall promptly make the living
will directive or a copy of the advance directive or a medical order for scope of
treatment a part of the grantor's medical records.
An attending physician or health care facility which refuses to comply with the
advance directive or a medical order for scope of treatment made pursuant to KRS
311.6225 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 or medical order for scope of treatment
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 or medical order for scope of treatment. 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, a health care decision of a responsible party under KRS 311.621 to
311.643, or a medical order for scope of treatment under KRS 311.6225, on moral,
religious, or professional grounds, shall be required to, or held liable for refusal to,
comply with the advance directive, health care decision, or medical order for scope
of treatment 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, a health
care decision by a responsible party under KRS 311.621 to 311.643, or a medical
order for scope of treatment, 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: June 24, 2015
History: Amended 2015 Ky. Acts ch. 3, sec. 4, effective June 24, 2015. -- Created 1994
Ky. Acts ch. 235, sec. 7, effective July 15, 1994.
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