PARRIS N. GLENDENING, Governor

Ch. 195

adult patients in the outpatient setting in accordance with protocols established by the
Maryland Institute for Emergency Medical Services Systems in conjunction with the State
Board of Physician Quality Assurance.

(2) Emergency medical services "do not resuscitate orders" may not
authorize the withholding of medical interventions, or therapies deemed necessary to
provide comfort care or to alleviate pain.

(b) This section does not authorize emergency medical SERVICES personnel to
follow an emergency medical services "do not resuscitate order" for any patient who,
prior to cardiac or respiratory arrest, is able to, and does, express to those personnel the
desire to be resuscitated.

(c) This section does not authorize emergency medical services personnel in the
outpatient setting to follow an emergency medical services "do not resuscitate order" that
is in any form other than:

(1) An emergency medical services "do not resuscitate order" described in
subsection (a) of this section;

(2) An oral emergency medical services "do not resuscitate order" provided
by an on-line, emergency medical services medical command and control physician; or

(3) An oral emergency medical services "do not resuscitate order" provided
by a physician, as defined in § 5-601 of this subtitle, who is physically present on the scene
with the patient and the emergency medical services personnel in the outpatient setting.

(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IN
ADDITION TO THE IMMUNITY PROVIDED IN § 5-609 OF THIS SUBTITLE AND ANY
OTHER IMMUNITY PROVIDED BY LAW, AN EMERGENCY MEDICAL SERVICES
PROVIDER IS NOT SUBJECT TO CRIMINAL OR CIVIL LIABILITY, OR DEEMED TO HAVE
ENGAGED IN UNPROFESSIONAL CONDUCT AS DETERMINED BY THE APPROPRIATE
LICENSING OR CERTIFYING AUTHORITY, ARISING OUT OF A CLAIM CONCERNING
THE PROVISION OF HEALTH CARE IF:

ft (I) THE CLAIM IS BASED ON LACK OF CONSENT OR
AUTHORIZATION FOR THE HEALTH CARE;

AND

AND

(2) (II) SUBSECTION (A) OF THIS SECTION WOULD ORDINARILY APPLY;

(3) (III) THE EMERGENCY MEDICAL SERVICES PROVIDER:

(I) 1. ACTS IN GOOD FAITH IN PROVIDING THE HEALTH CARE;

(II) 2. BELIEVES REASONABLY THAT SUBSECTION (A)(1) OF THIS
SECTION DOES NOT APPLY.

(2) THIS SUBSECTION DOES NOT APPLY IF THE PATIENT IS WEARING A
VALID, LEGIBLE. AND PATIENT-IDENTIFYING EMERGENCY MEDICAL SERVICES "DO
NOT RESUSCITATE ORDER" IN BRACELET FORM.

- 1901 -