65-28,107. Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts. - Kansas Statutes

65-28,107

Chapter 65.--PUBLIC HEALTH Article 28.--HEALING ARTS

      65-28,107.   Same; attending physician's refusal to comply withdeclaration of qualified patient; transfer of patient; unprofessionalconduct; unlawful acts.(a) An attending physician who refuses to comply with the declaration ofa qualified patient pursuant to this act shall effect the transfer ofthe qualified patient to another physician. Failure of an attendingphysician to comply with the declaration of a qualified patient and toeffect the transfer of the qualified patient shall constituteunprofessional conduct as defined in K.S.A. 65-2837, and amendmentsthereto.

      (b)   Any person who willfully conceals, cancels, defaces, obliteratesor damages the declaration of another without such declarant's consentor who falsifies or forges a revocation of the declaration of anothershall be guilty of a class A person misdemeanor.

      (c)   Any person who falsifies or forges the declaration of another,or willfully conceals or withholds personal knowledge of the revocationof a declaration, with the intent to cause a withholding or withdrawalof life-sustaining procedures contrary to the wishes of the declarant,and thereby, because of such act, directly causes life-sustainingprocedures to be withheld or withdrawn and death to be hastened, shallbe guilty of a severity level 7 person felony.

      History:   L. 1979, ch. 199, § 7;L. 2007, ch. 198, § 10; May 24.