KRS § 311.633 — KY Code / Title XXVI / Chapter 311 / Section 311.633
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
Status: in_force

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) 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.

(2) 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.

(3) 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.

(4) 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.