State Codes and Statutes
Statutes > Kansas > Chapter65 > Article28 > Statutes_2630365-28,106
65-28,106. Same; desires of qualified patient supersededeclaration; presumptions relating to declaration; immunity from civilor criminal liability for persons acting pursuant to declaration.The desires of a qualified patient shall at all times supersede theeffect of the declaration.
If the qualified patient is incompetent at the time of the decisionto withhold or withdraw life-sustaining procedures, a declarationexecuted in accordance with K.S.A. 65-28,103 is presumed tobe valid. For the purpose of this act, a physician or medical carefacility may presume in the absence of actual notice to the contrarythat an individual who executed a declaration was of sound mind when itwas executed. The fact of an individual's having executed a declarationshall not be considered as an indication of a declarant's mentalincompetency. Age of itself shall not be a bar to a determination ofcompetency.
No physician, licensed health care professional, medical carefacility or employee thereof who in good faith and pursuant toreasonable medical standards causes or participates in the withholdingor withdrawing of life-sustaining procedures from a qualified patientpursuant to a declaration made in accordance with this act shall, as aresult thereof, be subject to criminal or civil liability, or be foundto have committed an act of unprofessional conduct.
History: L. 1979, ch. 199, § 6; July 1.
