201 KAR 9:470. Standardized Medical Order for Scope of Treatment Form

Link to law: http://www.lrc.ky.gov/kar/201/009/470reg.htm
Published: 2015

GENERAL GOVERNMENT

CABINET

Kentucky Board of

Medical Licensure

(New Administrative

Regulation)

 

      201 KAR 9:470. Standardized medical order

for scope of treatment form.

 

      RELATES TO: KRS 311.530-311.620, 311.990

      STATUTORY AUTHORITY: KRS 311.565(1)(a),

311.6225(2)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS

311.565(1)(a) authorizes the board to promulgate administrative regulations to

regulate the conduct of its licensees. KRS 311.6225(2) authorizes the board to

promulgate administrative regulations to develop the format for a standardized

medical order for scope of treatment form to be approved by the board. This

administrative regulation establishes the format of the standardized medical

order for scope of treatment form approved by the board and authorized for use

by board licensees practicing within the Commonwealth of Kentucky.

 

      Section 1. Definition. "MOST form"

means the medical order for scope of treatment form defined in KRS 311.621(12).

 

      Section 2. Format of the MOST form. The

MOST form shall have the title "MOST, Medical Orders for Scope of

Treatment," shall be printed on a single double-sided eight and a half (8.5)

x eleven (11) inch piece of pink paper and shall be in a typed font of a size and

style sufficient to include the following information:

      (1) An advisory that completing the

medical order for scope of treatment form is voluntary and not required for

treatment;

      (2) Identification of the person who

discussed and agreed to the options for medical intervention that are selected;

      (3) The effective date of the form;

      (4) The expiration or review date of the

form, which shall be no more than one (1) calendar year from the effective date

of the form;

      (5) Indication of whether the patient has

a living will directive or health care power of attorney, a copy of which shall

be attached to the form if available;

      (6) An advisory that the medical order

for scope of treatment may be revoked by the patient, the surrogate, or a

responsible party at any time;

      (7) A statement written in boldface type

directly above the signature line for the patient that states "You are not

required to sign this form to receive treatment"; and

      (8) All other information mandated by KRS

311.6225(1).

 

      Section 3. Availability of the MOST form.

The MOST form shall be available for board licensees to download and print

directly from the board’s Web site.

 

PRESTON P. NUNNELLEY, M.D., President

      APPROVED BY AGENCY: October 9, 2015

      FILED WITH LRC: October 12, 2015 at 4

p.m.

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD:

A public hearing on this administrative regulation shall be held on November

30, 2015 at 10:00 a.m. at the offices of the Kentucky Board of Medical

Licensure, 310 Whittington Parkway, Suite 1B, Louisville, Kentucky 40222. Individuals

interested in being heard at this hearing shall notify this agency in writing

by November 19, 2015, five (5) workdays prior to the hearing, of their intent

to attend. If no notification of intent to attend the hearing is received by

that date, the hearing may be canceled. This hearing is open to the public. Any

person who wishes to be heard will be given an opportunity to comment on the

proposed administrative regulation. A transcript of the public hearing will not

be made unless a written request for a transcript is made. If you do not wish to

be heard at the public hearing, you may submit written comments on the proposed

administrative regulation. Written comments shall be accepted through November

30, 2015. Send written notification of intent to be heard at the public hearing

or written comments on the proposed administrative regulation to the contact

person.

      CONTACT PERSON: Leanne K. Diakov, General

Counsel, Kentucky Board of Medical Licensure, 310 Whittington Parkway, Suite

1B, Louisville, Kentucky 40222, phone (502) 429-7150, fax (502) 429-7118.

 

REGULATORY IMPACT

ANALYSIS AND TIERING STATEMENT

 

Contact Person: Leanne K. Diakov

      (1) Provide a brief summary of:

      (a) What this administrative regulation

does: This administrative regulation establishes the format of the standardized

medical order for scope of treatment form in the Commonwealth of Kentucky as

mandated by KRS 311.6225 and to be used by the board’s licensees.

      (b) The necessity of this administrative

regulation: This regulation is being promulgated as mandated by the General

Assembly and to make available to the board’s licensees a medical order for

scope of treatment form consistent with KRS 311.6225.

      (c) How this administrative regulation

conforms to the content of the authorizing statutes: This administrative

regulation acts specifically to establish the format of the standardized

medical order for scope of treatment form in the Commonwealth of Kentucky as

mandated by KRS 311.6225.

      (d) How this administrative regulation

currently assists or will assist in the effective administration of the

statutes: This administrative regulation acts specifically

to establish the format of the standardized medical order for scope of

treatment form in the Commonwealth of Kentucky as mandated by KRS 311.6225 and

to be used by the board’s licensees.

      (2) If this is an amendment to an

existing regulation, provide a brief summary of:

      (a) How the amendment will change this

existing administrative regulation: Not applicable.

      (b) The necessity of the amendment to

this administrative regulation: Not applicable.

      (c) How the amendment conforms to the

content of the authorizing statutes: Not applicable.

      (d) How the amendment will assist in the

effective administration of the statutes: Not applicable.

      (3) List the type and number of

individuals, businesses, organizations, or state and local governments affected

by this administrative regulation: This amendment will affect all physicians

licensed in Kentucky whose patients wish to memorialize their preferences for

levels of life-prolonging treatment within their medical charts.

      (4) Provide an analysis of how the

entities identified in question (3) will be impacted by either the

implementation of this regulation, if new, or by the change, if it is an

amendment, including:

      (a) List the actions that each of the

regulated entities identified in question (3) will have to take to comply with

this administrative regulation or amendment: Physicians whose patients wish to

memorialize their preferences for levels of life-prolonging treatment within

their medical charts are required to use the standardized MOST form mandated by

KRS 311.6225. This regulation sets forth the authorized format for the MOST

form.

      (b) In complying with this administrative

regulation or amendment, how much will it cost each of the entities identified

in question (3): There is no cost associated with the requirements of this

administrative regulation known to the board.

      (c) As a result of compliance, what

benefits will accrue to the entities identified in question (3): Benefits to

the physician include having clear directives on what information the MOST form

must include and the format in which it must be presented.

      (5) Provide an estimate of how much it

will cost the administrative body to implement this administrative regulation:

      (a) Initially: None

      (b) On a continuing basis: None

      (6) What is the source of funding to be

used for the implementation and enforcement of this administration regulation: None.

      (7) Provide an assessment of whether an

increase in fees or funding will be necessary to implement this administrative

regulation, if new, or by the change if it is an amendment: No increase of fees

or funding will be necessary.

      (8) State whether or not this

administrative regulation establishes any fees or directly or indirectly increases

any fees: This administrative regulation does not establish any fees nor does

it directly or indirectly increase any fees.

      (9) TIERING: Is tiering applied? Tiering

was not appropriate in this administrative regulation because the

administrative regulation applies equally to all those individuals regulated by

it.

 

FISCAL NOTE ON STATE OR

LOCAL GOVERNMENT

 

      (1) What units, parts or divisions of

state or local government (including cities, counties, fire departments, or

school districts) will be impacted by this administrative regulation? The

Kentucky Board of Medical Licensure will be impacted by this administrative

regulation.

      (2) Identify each state or federal

statute or federal regulation that requires or authorizes the action taken by

the administrative regulation. KRS 311.565(1)(a) and 311.6225(2)

      (3) Estimate the effect of this

administrative regulation on the expenditures and revenues of a state or local

government agency (including cities, counties, fire departments, or school

districts) for the first full year the administrative regulation is to be in

effect. None

      (a) How much revenue will this

administrative regulation generate for the state or local government (including

cities, counties, fire departments, or school districts) for the first year? None

      (b) How much revenue will this

administrative regulation generate for the state or local government (including

cities, counties, fire departments, or school districts) for subsequent years? None

      (c) How much will it cost to administer

this program for the first year? None

      (d) How much will it cost to administer

this program for subsequent years? None

      Note: If specific dollar estimates cannot

be determined, provide a brief narrative to explain the fiscal impact of the

administrative regulation.

      Revenues (+/-):

      Expenditures (+/-):

      Other Explanation:
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