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KS HB2720
Bill
Status
2/5/2026
Primary Sponsor
Judiciary
Click for details
AI Summary
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Establishes a priority hierarchy for surrogate healthcare decision-makers when a patient lacks capacity: (1) court-appointed guardian, (2) agent under durable power of attorney, (3) patient-designated surrogate, (4) identified surrogate from statutory list (spouse, adult child, parent, adult sibling, other relatives, close friend)
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For adult patients without a guardian, agent, or designated surrogate, healthcare providers must identify a surrogate following the priority order; for minor patients, the order is parent/foster parent, adult sibling, then grandparent
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Requires disputes among equal-priority surrogates to be resolved by majority vote, with tied decisions referred to the medical facility's ethics review process for recommendation
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Permits withholding or withdrawing life-sustaining treatment only upon certification by the attending physician or a second independent physician/ethics review that the patient has a severe illness and continued care would only prolong dying
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Grants civil and criminal immunity to healthcare providers, facilities, and surrogates acting in good faith under the act, while allowing providers to decline participation based on religious belief or conscience objections if they assist with patient transfer
Legislative Description
Enacting the Kansas surrogate medical decisions act to establish a hierarchy for identifying a surrogate who would make healthcare decisions and provide associated definitions and provider guidelines.
Last Action
House Referred to Committee on Judiciary
2/5/2026