202A.426 Refusal to comply with advance directive or surrogate's decision -- Effect
178 words·~1 min read·
/ky/202a-426A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
of refusal.
(1)A health care provider or health care facility shall provide mental health treatment
that complies with the instructions in an advance directive to the fullest extent
possible when the instructions are within standards for mental and physical health
care and permitted by state and federal law.
(2)A health care provider or health care facility may override expressed refusals of
treatment only if:
(a)A court order contradicts the advance directive; or
(b)There is an emergency endangering a person's life or posing a serious risk to
physical health.
(3)Deviations from expressed preferences in an advance directive shall be documented
by the health care provider or health care facility in the grantor's medical record.
(4)A health care provider or health care facility that refuses to comply with an advance
directive of a grantor or a decision made by a surrogate shall:
(a)Immediately inform the grantor or surrogate, if one is designated, of the
refusal; and
(b)Not impede the transfer of the grantor to another health care provider or health
care facility.