Section 5-609 – Immunity From Liability; Burden of Proof; Presumption
(a) (1) A health care provider is not subject to criminal prosecution or civil liability or deemed to have engaged in unprofessional conduct as determined by the appropriate licensing authority as a result of withholding or withdrawing any health care under authorization obtained in accordance with this subtitle. (2) A health care provider providing, withholding, or withdrawing treatment […]
Section 5-610 – Willful Destruction, Concealment, Damage, etc., of Declaration or Revocation; Penalties
(a) Any person who willfully conceals, cancels, defaces, obliterates, or damages the advance directive of another without the declarant’s or patient’s consent or who falsifies or forges a revocation of the advance directive of another, thereby causing life-sustaining procedures to be utilized in contravention of the previously expressed intent of the patient, shall be guilty of […]
Section 5-611 – Medically Ineffective Treatment Not Required; Mercy Killing or Euthanasia Prohibited; Construction of Subtitle
(a) Except as provided in § 5–613(a)(3) of this subtitle, nothing in this subtitle may be construed to require a physician or physician assistant to prescribe or render medical treatment to a patient that the physician or physician assistant determines to be ethically inappropriate. (b) (1) Except as provided in § 5–613(a)(3) of this subtitle, nothing in this […]
Section 5-612 – Petition by Health Care Provider; Court Action
(a) (1) A health care provider for an individual incapable of making an informed decision who believes that an instruction to withhold or withdraw a life-sustaining procedure from the patient is inconsistent with generally accepted standards of patient care shall: (i) Petition a patient care advisory committee for advice concerning the withholding or withdrawal of the life-sustaining procedure […]
Section 5-613 – Transfer of Patient by Health Care Provider Who Refuses to Comply With Advance Directive or Treatment Decision
(a) A health care provider that intends not to comply with an instruction of a health care agent or a surrogate shall: (1) Inform the person giving the instruction that: (i) The health care provider declines to carry out the instruction; (ii) The person may request a transfer to another health care provider; and (iii) The health care provider will […]
Section 5-601.1 – Electronic Signatures
For purposes of this Part I of this subtitle, an electronic signature shall have the same effect as a manual signature if the electronic signature: (1) Uses an algorithm approved by the National Institute of Standards and Technology; (2) Is unique to the individual using it; (3) Is capable of verification; (4) Is under the sole control of the […]
Section 5-614 – Effect of Declaration; Suicide; Insurance; Declarations Executed Prior to Effective Date
(a) The withholding or withdrawal of life-sustaining procedures in accordance with the provisions of this subtitle shall not, for any purpose, constitute a suicide. (b) (1) The making of an advance directive under this subtitle does not affect the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms […]
Section 5-602 – Procedure for Making Advance Directive; Notice to Physician — Living Wills
(a) (1) Any competent individual may, at any time, make a written or electronic advance directive regarding the provision of health care to that individual, or the withholding or withdrawal of health care from that individual. (2) Notwithstanding any other provision of law, in the absence of a validly executed or witnessed advance directive, any authentic expression made […]
Section 5-615 – Provision of Information
(a) In this section, “health care facility” has the meaning stated in § 19–114 of this article. (b) Each health care facility shall provide each individual on admittance to the facility information concerning the rights of the individual to make decisions concerning health care, including the right to accept or refuse treatment, and the right to make […]
Section 5-602.1 – Advance Directive for Mental Health Services
(a) In this section, “mental health services” has the meaning stated in § 4–301(k)(1) of this article. (b) An individual who is competent may make an advance directive to outline the mental health services which may be provided to the individual if the individual becomes incompetent and has a need for mental health services either during, or […]