The Kansas Surrogate Medical Decisions Act establishes a clear hierarchy for appointing surrogates to make healthcare decisions for patients who are unable to do so. It defines essential terms such as "advance directive," "agent," "designated surrogate," and "identified surrogate," and prioritizes decision-making authority based on the surrogate's relationship to the patient. The act requires healthcare providers to document the surrogate's identity in the patient's clinical record and mandates that decisions made by surrogates align with the patient's known wishes or best interests. Additionally, the act affirms that a surrogate's authority is equivalent to that of the patient, eliminating the need for judicial approval for decisions made by surrogates.
The bill also includes provisions for the transfer of patients from medical care facilities to healthcare providers chosen by the patient or their surrogate. If no provider is selected, the facility must transfer the patient to one that agrees to respect the patient's healthcare decisions. It offers specific immunities to healthcare providers and facilities from civil or criminal liability when acting in accordance with the decisions made by authorized individuals, including those related to withholding or withdrawing care. Furthermore, authorized agents or surrogates are granted immunity for decisions made in line with accepted healthcare standards, and healthcare providers are protected from liability when identifying surrogates or assessing a patient's capacity, provided these actions comply with the act's provisions. The bill will take effect upon publication in the statute book.