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Kentucky · Snapshot 09/05/2026

KRS 202A.426: Refusal to comply with advance directive or surrogate's decision -- Effect

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  1. KRS Chapter 202A

of refusal.

(1) A health care provider or health care facility shall provide mental health treatment

that complies with the instructions in an advance directive to the fullest extent

possible when the instructions are within standards for mental and physical health

care and permitted by state and federal law.

(2) A health care provider or health care facility may override expressed refusals of

treatment only if:

(a) A court order contradicts the advance directive; or

(b) There is an emergency endangering a person's life or posing a serious risk to

physical health.

(3) Deviations from expressed preferences in an advance directive shall be documented

by the health care provider or health care facility in the grantor's medical record.

(4) A health care provider or health care facility that refuses to comply with an advance

directive of a grantor or a decision made by a surrogate shall:

(a) Immediately inform the grantor or surrogate , if one is designated, of the

refusal; and

(b) Not impede the transfer of the grantor to another health care provider or health

care facility.

Collected 2026-09-05T20:52:00Z. Source file · JSON

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