311.1949 Effect of anatomical gift or advance health-care directive.
324 words·~1 min read·
/ky/chapter-311/311-1949A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)As used in this section:
(a)"Advance health-care directive" means a power of attorney for health care or a
record signed or authorized by a prospective donor containing the prospective
donor's direction concerning a health-care decision for the prospective donor;
(b)"Declaration" means a record signed by a prospective donor specifying the
circumstances under which a life support system may be withheld or
withdrawn from the prospective donor; and
(c)"Health-care decision" means any decision regarding the health care of the
prospective donor.
(2)If a prospective donor has a declaration or advance health-care directive and the
terms of the declaration or directive and the express or implied terms of a potential
anatomical gift are in conflict with regard to the administration of measures
necessary to ensure the medical suitability of a part for transplantation or therapy,
the prospective donor's attending physician and prospective donor shall confer to
resolve the conflict. If the prospective donor is incapable of resolving the conflict,
an agent acting under the prospective donor's declaration or directive, or, if none or
the agent is not reasonably available, another person authorized by law other than
KRS 311.1911 to 311.1959 to make health-care decisions on behalf of the
prospective donor, shall act for the donor to resolve the conflict. Information
relevant to the resolution of the conflict may be obtained from the appropriate
procurement organization and any other person authorized to make an anatomical
gift for the prospective donor under KRS 311.1925. Before the resolution of the
conflict, measures necessary to ensure the medical suitability of the part from a
prospective donor may be administered unless it is determined that the
administration of those measures would not provide the prospective donor
appropriate end-of-life care, or it can be anticipated by reasonable medical judgment
that such measures would result in or hasten the prospective donor's death. If the
conflict is not resolved expeditiously, the direction of the declaration or advance
directive controls.