# K.S.A. § 65-28,106: 65-28,106 - Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration

> Kansas · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C106

## Section

- **Citation:** K.S.A. § 65-28,106
- **Heading:** 65-28,106 - Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration
- **Jurisdiction:** Kansas
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** KS Code / Chapter 65 / Article 28 / Section 65-28,106

## Text

65-28,106. Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration. The desires of a qualified patient shall at all times supersede the effect of the declaration.

If the qualified patient is incompetent at the time of the decision to withhold or withdraw life-sustaining procedures, a declaration executed in accordance with K.S.A. 65-28,103 is presumed to be valid. For the purpose of this act, a physician or medical care facility may presume in the absence of actual notice to the contrary that an individual who executed a declaration was of sound mind when it was executed. The fact of an individual's having executed a declaration shall not be considered as an indication of a declarant's mental incompetency. Age of itself shall not be a bar to a determination of competency.

No physician, licensed health care professional, medical care facility or employee thereof who in good faith and pursuant to reasonable medical standards causes or participates in the withholding or withdrawing of life-sustaining procedures from a qualified patient pursuant to a declaration made in accordance with this act shall, as a result thereof, be subject to criminal or civil liability, or be found to have committed an act of unprofessional conduct.

## Nearby sections

- [K.S.A. § 65-28,100 65-28,100 - Temporary license for visiting professor; designation; qualifications; application; rights conferred; validity of license; section supplemental.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C100.md)
- [K.S.A. § 65-28,101 65-28,101 - Withholding or withdrawal of life-sustaining procedures; legislative finding and declaration.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C101.md)
- [K.S.A. § 65-28,102 65-28,102 - Same; definitions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C102.md)
- [K.S.A. § 65-28,103 65-28,103 - Same; declaration authorizing; effect during pregnancy of qualified patient; duty to notify attending physician; form of declaration; severability of directions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C103.md)
- [K.S.A. § 65-28,104 65-28,104 - Same; revocation of declaration.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C104.md)
- [K.S.A. § 65-28,105 65-28,105 - Same; written certification and confirmation of declarant's terminal condition; effect of failure to comply.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C105.md)
- [K.S.A. § 65-28,106 65-28,106 - Same; desires of qualified patient supersede declaration; presumptions relating to declaration; immunity from civil or criminal liability for persons acting pursuant to declaration.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C106.md)
- [K.S.A. § 65-28,107 65-28,107 - Same; attending physician's refusal to comply with declaration of qualified patient; transfer of patient; unprofessional conduct; unlawful acts.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C107.md)
- [K.S.A. § 65-28,108 65-28,108 - Same; construction and effect of act.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C108.md)
- [K.S.A. § 65-28,109 65-28,109 - Same; act not to be construed to condone or approve mercy killing or to permit other than natural process of dying.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C109.md)
- [K.S.A. § 65-28,121 65-28,121 - Reports by hospitals and others; administrative fines for failure to report.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C121.md)
- [K.S.A. § 65-28,122 65-28,122 - Person licensed, registered or certified to practice a profession regulated by the board required to report knowledge of violation of K.S.A. 65-2836 to state board of healing arts; exceptions.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C122.md)
- [K.S.A. § 65-28,123 65-28,123 - Temporary education license; issuance; qualifications; conditions; fee.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C123.md)
- [K.S.A. § 65-28,124 65-28,124 - Visiting clinical professor license; issuance; qualifications; practice limitations; renewal; continuing education.](https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C124.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_KS_C65_A28_S65-28%2C106. Check the current official text before relying on it. Not legal advice.