Kentucky Statutes 311.635 – Exemptions from criminal prosecution and civil liability — Exceptions — Presumption of voluntary and valid execution
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(1) A health care facility, physician, or other person acting under the direction of a physician shall not be subject to criminal prosecution or civil liability or be deemed to have engaged in unprofessional conduct as a result of the withholding or the withdrawal of life-prolonging treatment or artificially provided nutrition and hydration from a patient in a terminal condition in accordance with an advance directive executed pursuant to KRS § 311.621 to KRS § 311.643. A person who authorizes the withholding or withdrawal of life-prolonging treatment or artificially provided nutrition and hydration from a patient in a terminal condition in accordance with an advance directive shall not be subject to criminal prosecution or civil liability for the action.
(2) An independent investigation of a surrogate’s authority shall not be necessary unless a person is in possession of information as to the surrogate’s disqualification. No surrogate, responsible party, physician, or health care facility acting in good faith, shall be subject to criminal or civil liability for giving instructions as a surrogate, making a health care decision as a responsible party under KRS § 311.621 to KRS § 311.643, or carrying out, or refusing to carry out pursuant to KRS § 311.633, the surrogate’s or responsible party’s instructions or acting in reliance on the grantor‘s designation of a surrogate or a health care decision by a responsible party under KRS § 311.621 to
311.643.
(3) The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person:
(a) Authorizing or effectuating the withholding or withdrawal of life-prolonging treatment;
(b) Giving instructions as a surrogate;
(c) Making a health care decision as a responsible party under KRS § 311.621 to
311.643;
(d) Carrying out, or refusing to carry out, the surrogate’s or responsible party’s instructions; or
(e) Acting in reliance on the grantor’s designation of a surrogate or a health care decision by a responsible party under KRS § 311.621 to KRS § 311.643, did not, in good faith, comply with the provisions of KRS § 311.621 to KRS § 311.643.
(4) An advance directive made in accordance with KRS § 311.621 to KRS § 311.629 shall be presumed to have been made voluntarily and validly executed unless the attending physician or health care facility has actual knowledge to the contrary.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 8, effective July 15, 1994.
(2) An independent investigation of a surrogate’s authority shall not be necessary unless a person is in possession of information as to the surrogate’s disqualification. No surrogate, responsible party, physician, or health care facility acting in good faith, shall be subject to criminal or civil liability for giving instructions as a surrogate, making a health care decision as a responsible party under KRS § 311.621 to KRS § 311.643, or carrying out, or refusing to carry out pursuant to KRS § 311.633, the surrogate’s or responsible party’s instructions or acting in reliance on the grantor‘s designation of a surrogate or a health care decision by a responsible party under KRS § 311.621 to
Terms Used In Kentucky Statutes 311.635
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
311.643.
(3) The provisions of this section shall apply unless it is shown by a preponderance of the evidence that the person:
(a) Authorizing or effectuating the withholding or withdrawal of life-prolonging treatment;
(b) Giving instructions as a surrogate;
(c) Making a health care decision as a responsible party under KRS § 311.621 to
311.643;
(d) Carrying out, or refusing to carry out, the surrogate’s or responsible party’s instructions; or
(e) Acting in reliance on the grantor’s designation of a surrogate or a health care decision by a responsible party under KRS § 311.621 to KRS § 311.643, did not, in good faith, comply with the provisions of KRS § 311.621 to KRS § 311.643.
(4) An advance directive made in accordance with KRS § 311.621 to KRS § 311.629 shall be presumed to have been made voluntarily and validly executed unless the attending physician or health care facility has actual knowledge to the contrary.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 235, sec. 8, effective July 15, 1994.