202A.430 Form of advance directive for mental health treatment. - Kentucky Statutes

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Page 1 of 3 202A.430 Form of advance directive for mental health treatment. An advance directive for mental health treatment shall be in substantially the following
form: "Advance directive for mental health treatment I, ___________, willfully and voluntarily execute this advance directive for mental health
treatment. I want the instructions in this advance directive to be followed as described
below. Designated surrogate ___I am naming a surrogate to see that my instructions for mental health treatment are carried out. ___I am not naming a surrogate to see that my instructions for mental health treatment are carried out. I designate ____________ to act as my surrogate. If this person withdraws or is unwilling to act on my behalf, or if I revoke that person's authority to act as my surrogate, I
designate ____________ to act as my alternate surrogate. If I do not designate a surrogate, if my surrogate and alternate surrogate withdraw or are unwilling to act on my behalf, or if I revoke their authority to act, then the health
care provider and health care facility may proceed to render treatment in accordance
with my instructions as described here and in accordance with standards for mental
and physical health care. The person acting as my surrogate is authorized to act in accordance with the content of this advance directive and may override the advance directive if, and only if, there is
substantial medical evidence that failing to do so would result in harm to me. If my
instructions and preferences are not stated in the advance directive, the surrogate
may act in good faith in making treatment decisions in the manner in which the
surrogate believes I would act. Psychotropic medication provisions I may indicate below any refusals of treatment with specific psychotropic medications, not to include an entire class of medications, due to factors that may include but are
not limited to lack of efficacy, known drug sensitivity, or experience of adverse
reaction: I specifically do not consent and do not authorize my surrogate to consent to the administration of the following medications or their respective brand-name or
generic equivalents for the reasons given: Specific psychotropic medication Reason for refusal ___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________ Page 2 of 3 I may list below any specific psychotropic medications that I would be willing to have administered to me if additional medications become necessary:
Specific psychotropic medications
____________________________
____________________________
____________________________
____________________________ Electroconvulsive therapy provisions Below are my instructions regarding electroconvulsive therapy (ECT):
____I consent to electroconvulsive therapy (ECT) if it is deemed clinically appropriate to
treat my condition.
____I do not consent to electroconvulsive therapy (ECT). Preferred procedures for emergency interventions I may state preferences for procedures for emergency interventions to be used when necessary for my protection or the protection of others. I understand that I am
requesting consideration of my preferences for procedures for emergency
interventions but that my surrogate, my health care provider, and the health care
facility where I am a patient are not subject to civil liability for not abiding by these
preferences. I understand that in the case of possible harm to myself or others, my
health care provider or the health care facility may need to use procedures that
override my stated preferences. If during an admission or while a patient in a health
care facility, it is determined that I am engaging in behavior that requires emergency
intervention, my preferences regarding the procedures to be used during an
emergency intervention and the order that I prefer the interventions to be used are as
follows: Intervention Order of preference Reason for this preference Seclusion___________________________________________________________
Physical restraints____________________________________________________
Seclusion and physical
restraint combined_____________________________________________________
Medication by injection_________________________________________________
Medication in pill form_________________________________________________
Liquid medication_____________________________________________________
Other:_______________________________________________________________
Signed this ____ day of _________, 20__
Signature of grantor:_________________________
Address of grantor:_____________________________________________________
_____________________________________________________________________
In my presence, the grantor voluntarily dated and signed this writing or directed it to be dated and signed. I am not the grantor's current health care provider, a relative of the Page 3 of 3 current health care provider, or an owner, operator, employee or relative of an owner or
operator of a health facility in which the grantor is a client or resident.
Signatures of witnesses: _________________________________________________
_____________________________________________________________________
Surrogate contact information (if designated):
Name:_______________________________
Address:______________________________
_____________________________________
Telephone:_____________________________
Signed this ____ day of _________, 20__
Signature of surrogate:____________________
Alternate surrogate contact information (if designated):
Name:_______________________________
Address:______________________________
_____________________________________
Telephone_____________________________
Signed this ____ day of _________, 20__
Signature of alternate surrogate:______________________" Effective: June 24, 2003
History: Created 2003 Ky. Acts ch. 190, sec. 6, effective June 24, 2003.