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2015 Op. Kan. Att'y Gen. 1 (2015)

handle is hein.sag/sagks0087 and id is 1 raw text is: 















                                January 13, 2015



ATTORNEY GENERAL OPINION NO. 2015- 1


The Honorable John Rubin
State Representative, 18th District
13803 W. 531d Street
Shawnee, Kansas 66216


Re:       Public Health-Health Care Providers-Do Not Resuscitate Orders or
             Directives; Definitions; Immunity from Liability

             Probate   Code-Guardians  or Conservators-Guardian's  Duties,
             Responsibilities, Powers and Authorities

Synopsis:   The Kansas-Missouri Transportable Physician Orders for Patient
             Preferences (KM-TPOPP) form is not a do not resuscitate directive
             pursuant to K.S.A. 65-4941 et seq.; therefore, the immunity from liability
             provision in K.S.A. 65-4944 is not applicable or available to a health care
             provider who relies on the KM-TPOPP form as a DNR directive. Whether
             the KM-TPOPP form is a DNR order under the act and whether the
             immunity provision in K.S.A. 65-4944 is applicable or available to a health
             care provider who relies in good faith on the DNR order is a question of
             fact that cannot be answered in this opinion. The KM-TPOPP form cannot
             override the statutory limits imposed on guardians pursuant to the Act for
             Obtaining a Guardian or a Conservator, or Both and cannot grant
             guardians powers or authority that the Act denies them. Cited herein:
             K.S.A. 58-625; 59-3050; K.S.A. 2014 Supp. 59-3051; 59-3075; K.S.A. 65-
             28,101; K.S.A. 2014 Supp. 65-28,108; K.S.A. 65-4941; 65-4942; 65-4943;
             65-4944; 65-4947.

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