{"data":{"id":"us-ky/krs-311.635","jurisdiction":"us-ky","citation":"KRS 311.635","heading":"Exemptions from criminal prosecution and civil liability -- Exceptions --","body":"Presumption of voluntary and valid execution.\n(1) A health care facility, physician, or other person acting under the direction of a\nphysician shall not be subject to criminal p rosecution or civil liability or be deemed\nto have engaged in unprofessional conduct as a result of the withholding or the\nwithdrawal of life -prolonging treatment or artificially provided nutrition and\nhydration from a patient in a terminal condition in ac cordance with an advance\ndirective executed pursuant to KRS 311.621 to 311.643. A person who authorizes\nthe withholding or withdrawal of life -prolonging treatment or artificially provided\nnutrition and hydration from a patient in a terminal condition in ac cordance with an\nadvance directive shall not be subject to criminal prosecution or civil liability for\nthe action.\n(2) An independent investigation of a surrogate's authority shall not be necessary unless\na person is in possession of information as to the surrogate's disqualification. No\nsurrogate, responsible party, physician, or health care facility acting in good faith,\nshall be subject to criminal or civil liability for giving instructions as a surrogate,\nmaking a health care decision as a responsible party under KRS 311.621 to 311.643,\nor carrying out, or refusing to carry out pursuant to KRS 311.633, the surrogate's or\nresponsible party's instructions or acting in reliance on the grantor's designation of a\nsurrogate or a health care decision by a respo nsible party under KRS 311.621 to\n311.643.\n(3) The provisions of this section shall apply unless it is shown by a preponderance of\nthe evidence that the person:\n(a) Authorizing or effectuating the withholding or withdrawal of life -prolonging\ntreatment;\n(b) Giving instructions as a surrogate;\n(c) Making a health care decision as a responsible party under KRS 311.621 to\n311.643;\n(d) Carrying out, or refusing to carry out, the surrogate's or responsible party's\ninstructions; or\n(e) Acting in reliance on the gr antor's designation of a surrogate or a health care\ndecision by a responsible party under KRS 311.621 to 311.643, did not, in\ngood faith, comply with the provisions of KRS 311.621 to 311.643.\n(4) An advance directive made in accordance with KRS 311.621 to 311.629 shall be\npresumed to have been made voluntarily and validly executed unless the attending\nphysician or health care facility has actual knowledge to the contrary.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=30573","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:05Z","sha256":"7932a120fe1ddbafda81c59e5b891de5d5858ced99feaff5596e8c592b1e2bde","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.634","next":"us-ky/krs-311.636"},"notice":"GroundRules: Original legal text. Not legal advice."}