KANSAS STATUTES AND CODES

65-28,108. Same; construction and effect of act.

65-28,108

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

65-28,108. Same; construction and effect of act.(a) The withholding or withdrawal of life-sustaining procedures from aqualified patient in accordance with the provisions of this act shallnot, for any purpose, constitute a suicide and shall not constitute thecrime of assisting suicide as defined by K.S.A. 21-3406.

(b) The making of a declaration pursuant to K.S.A.65-28,103 shall not affect in any manner the sale, procurement, orissuance of any policy of life insurance, nor shall it be deemed tomodify the terms of an existing policy of life insurance. No policy oflife insurance shall be legally impaired or invalidated in any manner bythe withholding or withdrawal of life-sustaining procedures from aninsured qualified patient, notwithstanding any term of the policy to thecontrary.

(c) No physician, medical care facility, or other health careprovider, and no health care service plan, health maintenanceorganization, insurer issuing disability insurance, self-insuredemployee welfare benefit plan or nonprofit medical andhospital service corporation shall require any personto execute a declaration as a condition for being insured for, orreceiving, health care services.

(d) Nothing in this act shall impair or supersede any legal right orlegal responsibility which any person may have to effect the withholdingor withdrawal of life-sustaining procedures in any lawful manner. Insuch respect the provisions of this act are cumulative.

(e) This act shall create no presumption concerning the intention ofan individual who has not executed a declaration to consent to the useor withholding of life-sustaining procedures in the event of a terminalcondition.

History: L. 1979, ch. 199, § 8;L. 1997, ch. 8, § 13; July 1.