202A.422 Advance directive for mental health treatment -- Scope -- Witnesses,

428 words·~2 min read·/ky/202a-422

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

notaries, and persons authorized to administer oaths -- Effect -- Notification to

health care provider and health care facility -- Exemptions from criminal

prosecution and civil liability.

(1)An adult may execute an advance directive for mental health treatment that includes

one

(1)or more of the following:

(a)Refusal of specific psychotropic medications, but not an entire class of

psychotropic medications. This refusal may be due to factors that include but

are not limited to their lack of efficacy, known drug sensitivity, or previous

experience of adverse reactions;

(b)Refusal of electric shock therapy (ECT);

(c)Stated preferences for psychotropic medications;

(d)Stated preferences for procedures for emergency interventions; and

(e)Provision of information in any area specified by the grantor.

(2)The execution of an advance directive shall be complete when signed by the grantor

and:

(a)Signed by two

(2)adult witnesses who attest that the grantor:

1. Is known to them;

2. Signed the advance directive in their presence; and

3. Did not appear to be under duress, fraud, or undue influence; or

(b)Acknowledged before a notary public or other person authorized to administer

oaths.

(3)The following persons shall not serve as a witness, a notary public, or other person

authorized to administer oaths to the signing of an advance directive:

(a)The grantor's current health care provider or a relative of the current health

care provider; and

(b)An owner, operator, employee, or relative of an owner or operator of a health

facility in which the grantor is a client or resident, unless the owner, operator,

employee, or relative serves as a notary public.

(4)An advance directive shall not override the grantor's right under federal and state

law to refuse treatment.

(5)The grantor or the surrogate of the grantor shall be responsible for providing a copy

of the advance directive to the grantor's health care provider and health care facility

where the grantor is a patient.

(6)An advance directive for mental health treatment shall be honored in any setting,

except a hospital emergency room or a hospital emergency department, that is

required to honor advance directives under Title XVIII or Title XIX of the Federal

Social Security Act.

(7)A health care provider, health care facility, surrogate, or other responsible party

shall not be subject to criminal prosecution or civil liability if acting in agreement

with an advance directive for mental health treatment executed in accordance with KRS 202A.420 to 202A.432 or if acting in good faith without knowledge of the existence or revocation of an advance directive.