Kansas Statutes 65-28,107. Same; attending physician’s refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts
(a) An attending physician who refuses to comply with the declaration of a qualified patient pursuant to this act shall effect the transfer of the qualified patient to another physician. Failure of an attending physician to comply with the declaration of a qualified patient and to effect the transfer of the qualified patient shall constitute unprofessional conduct as defined in Kan. Stat. Ann. § 65-2837, and amendments thereto.
(b) Any person who willfully conceals, cancels, defaces, obliterates or damages the declaration of another without such declarant’s consent or who falsifies or forges a revocation of the declaration of another shall be guilty of a class A person misdemeanor.
Terms Used In Kansas Statutes 65-28,107
- Attending physician: means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. See Kansas Statutes 65-28,102
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Declaration: means a witnessed document in writing, voluntarily executed by the declarant in accordance with the requirements of Kan. See Kansas Statutes 65-28,102
- Physician: means a person licensed to practice medicine and surgery by the state board of healing arts. See Kansas Statutes 65-28,102
- Qualified patient: means a patient who has executed a declaration in accordance with this act and who has been diagnosed and certified in writing to be afflicted with a terminal condition by two physicians who have personally examined the patient, one of whom shall be the attending physician. See Kansas Statutes 65-28,102
(c) Any person who falsifies or forges the declaration of another, or willfully conceals or withholds personal knowledge of the revocation of a declaration, with the intent to cause a withholding or withdrawal of life-sustaining procedures contrary to the wishes of the declarant, and thereby, because of such act, directly causes life-sustaining procedures to be withheld or withdrawn and death to be hastened, shall be guilty of a severity level 7 person felony.