03RS HB99


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HB 99 (BR 428) - R. Crimm, K. Bratcher, S. Brinkman, T. Burch, L. Clark, B. DeWeese, M. Harmon, J. Jenkins, M. Marzian, T. McKee, S. Nunn, J. Reinhardt, J. Richards, T. Riner, K. Stein, S. Westrom, B. Yonts

     AN ACT relating to an advance directive for mental health treatment.
     Create new sections of KRS 202A related to an advance directive for mental health treatment; define the terms "advance directive for mental health treatment", "grantor", "surrogate", and "procedures for emergency intervention"; permit an adult to execute an advance directive including a refusal of specific psychotropic medications, but not an entire class, a refusal of electric shock therapy, a preference for psychotropic medications; a preference for emergency interventions; and the provision of other information; require that an advance directive be signed by the grantor and 2 adult witnesses or acknowledged by a notary public or other person authorized to administer oaths; prohibit witnesses from being the grantor's current health care provider, relative of a current health care provider, or an owner, operator, employee, or relative of an owner or operator of a health facility where the grantor is a patient; prohibit an advance directive from overriding federal and state rights to refuse treatment; require an advance directive to follow accepted legal medical practices; require the grantor or surrogate to provide a copy of the advance directive to a health care provider or facility; require an advance directive to be honored by any provider or facility that is required to respect advance directives under federal law; permit a surrogate to make health care decisions in accordance with the grantor's advance directive; require a surrogate to consider the recommendations of the health care provider; permit a surrogate to resign at any time with written notice; require a health care provider and facility to comply with the advance directive to the fullest extent possible and only override the advance directive under a court order or in an emergency endangering life or physical health; require a health care provider and facility that refuses to comply with the advance directive to notify the grantor and surrogate of the refusal and not impede the transfer of the grantor to another provider or facility; require deviations in an advance directive to be documented; permit an advance directive to be revoked by the grantor in writing, orally, or by destruction; require the advance directive to be substantially as the included form; create the short title the "Kentucky Advance Directive for Mental Health Act".


     HCS - Retain original provisions; make technical corrections; and provide that an advance directive for mental health treatment is not required to be honored in a hospital emergency room.

     (Prefiled by the sponsor(s))

     Jan 7-introduced in House; to Judiciary (H)
     Feb 5-reassigned to Health and Welfare (H)
     Feb 7-posted in committee
     Feb 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 14-2nd reading, to Rules
     Feb 18-recommitted to Appropriations and Revenue (H)
     Feb 19-taken from Committee, placed in the Orders of the Day for Thursday, February 20, 2003
     Feb 24-3rd reading, passed 94-0 with Committee Substitute
     Feb 25-received in Senate
     Feb 27-to Health and Welfare (S)
     Mar 4-reported favorably, 1st reading, to Consent Calendar
     Mar 5-2nd reading, to Rules
     Mar 24-posted for passage in the Consent Orders of the Day for Monday, March 24, 2003
     Mar 25-3rd reading, passed 36-1-1; received in House; enrolled, signed by each presiding officer; delivered to Governor
     Apr 3-signed by Governor (Acts ch. 190)

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