{"data":{"id":"us-ky/krs-202a.422","jurisdiction":"us-ky","citation":"KRS 202A.422","heading":"Advance directive for mental health treatment -- Scope -- Witnesses,","body":"notaries, and persons authorized to administer oaths -- Effect -- Notification to\nhealth care provider and health care facility -- Exemptions from criminal\nprosecution and civil liability.\n(1) An adult may execute an advance directive for mental health treatment that includes\none (1) or more of the following:\n(a) Refusal of specific psychotropic medications, but not an entire class of\npsychotropic medications. This refusal m ay be due to factors that include but\nare not limited to their lack of efficacy, known drug sensitivity, or previous\nexperience of adverse reactions;\n(b) Refusal of electric shock therapy (ECT);\n(c) Stated preferences for psychotropic medications;\n(d) Stated preferences for procedures for emergency interventions; and\n(e) Provision of information in any area specified by the grantor.\n(2) The execution of an advance directive shall be complete when signed by the grantor\nand:\n(a) Signed by two (2) adult witnesses who attest that the grantor:\n1. Is known to them;\n2. Signed the advance directive in their presence; and\n3. Did not appear to be under duress, fraud, or undue influence; or\n(b) Acknowledged before a notary public or other person authorized to administer\noaths.\n(3) The following persons shall not serve as a witness, a notary public, or other person\nauthorized to administer oaths to the signing of an advance directive:\n(a) The grantor's current health care provider or a relative of the current health\ncare provider; and\n(b) An owner, operator, employee, or relative of an owner or operator of a health\nfacility in which the grantor is a client or resident, unless the owner, ope rator,\nemployee, or relative serves as a notary public.\n(4) An advance directive shall not override the grantor's right under federal and state\nlaw to refuse treatment.\n(5) The grantor or the surrogate of the grantor shall be responsible for providing a co py\nof the advance directive to the grantor's health care provider and health care facility\nwhere the grantor is a patient.\n(6) An advance directive for mental health treatment shall be honored in any setting,\nexcept a hospital emergency room or a hospital emergency department, that is\nrequired to honor advance directives under Title XVIII or Title XIX of the Federal\nSocial Security Act.\n(7) A health care provider, health care facility, surrogate, or other responsible party\nshall not be subject to criminal p rosecution or civil liability if acting in agreement\nwith an advance directive for mental health treatment executed in accordance with\nKRS 202A.420 to 202A.432 or if acting in good faith without knowledge of the\nexistence or revocation of an advance directive.","path":["KRS Chapter 202A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50016","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:00Z","sha256":"a953318d53f0aa36ba8f93458b2146cbe6d8c721be35fb38bb1ef76b04fdcd50","source_id":"us-ky","stale":false,"prev":"us-ky/krs-202a.420","next":"us-ky/krs-202a.424"},"notice":"GroundRules: Original legal text. Not legal advice."}