65-28,106. The desires of a qualified patient shall at all times supersede the effect of the declaration.
If the qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures, a declaration executed in accordance with K.S.A. 65-28,103 is presumed to be valid. For the purpose of this act, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was of sound mind when it was executed. The fact of an individual's having executed a declaration shall not be considered as an indication of a declarant's mental incompetency. Age of itself shall not be a bar to a determination of competency.
No physician, licensed health care professional, medical care facility or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-sustaining procedures from a qualified patient pursuant to a declaration made in accordance with this act shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct.
History: L. 1979, ch. 199, ยง 6; July 1.
LEGISLATIVE COORDINATING COUNCIL
12/17/2024
Meeting Notice Agenda
12/02/2024 Meeting Notice Agenda 11/14/2024 Meeting Notice Agenda 10/23/2024 Meeting Notice Agenda 09/09/2024 Meeting Notice Agenda 08/21/2024 Meeting Notice Agenda LCC Policies REVISOR OF STATUTES
Chapter 72 Statute Transfer List
Kansas School Equity & Enhancement Act Gannon v. State A Summary of Special Sessions in Kansas Bill Brief for Senate Bill No. 1 Bill Brief for House Bill No. 2001 2024 New, Amended & Repealed Statutes By Bill 2024 New, Amended & Repealed Statutes By KSA 2023 New, Amended & Repealed Statutes By Bill 2023 New, Amended & Repealed Statutes By KSA USEFUL LINKS
Session Laws
OTHER LEGISLATIVE SITES
Kansas LegislatureAdministrative Services Division of Post Audit Research Department |