ROBERT L. EHRLICH, JR., Governor                             Ch. 506

5-609.

(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 under authorization obtained under this subtitle does not incur liability
arising out of any claim to the extent the claim is based on lack of consent or
authorization for the action.

(b)     A person who authorizes the provision, withholding, or withdrawal of
life-sustaining procedures in accordance with a. patient's advance directive or as
otherwise provided in this subtitle is not subject to:

(1)     Criminal prosecution or civil liability for that action; or

(2)     Liability for the cost of treatment solely on the basis of that
authorization.

(c)      (1) The provisions of this section shall apply unless it is shown by a
preponderance of the evidence that the person authorizing or effectuating the
provision, withholding, or withdrawal of life-sustaining procedures in accordance
with this subtitle did not, in good faith, comply with the provisions of this subtitle.

(2) The distribution to patients of written advance directives in a form
provided in this subtitle and assistance to patients in the completion and execution of
such forms does not constitute the unauthorized practice of law.

(d)     An advance directive made in accordance with this subtitle shall be
presumed to have been made voluntarily by a competent individual. Authorization for
the provision, withholding or withdrawal of life-sustaining procedures in accordance
with this subtitle shall be presumed to have been made in good faith.

19-344.

(f) (5) (I) A FACILITY SHALL OFFER A RESIDENT, UPON ADMISSION, THE
OPPORTUNITY FOR THE PREPARATION OF A "PATIENTS PLAN OF CARE" FORM IN
ACCORDANCE WITH § 5-608.1 OF THIS ARTICLE.

(II) IF A FACILITY PREPARES A "PATIENTS PLAN OF CARE" FORM IN
ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE FORM SHALL
REMAIN CONSPICUOUSLY IN THE FRONT OF A RESIDENTS MEDICAL RECORDS.

SECTION 3. AND BE IT FURTHER ENACTED. That the Office of the
Attorney General, in consultation with the State Advisory Council on Quality Care at
the End of Life, the Maryland Institute for Emergency Medical Services Systems, and
other interested parties, shall:

(a) study methods for reconciling the "Physician Orders for Life Sustaining
Treatment Form" developed under Section 1 of this Act, and the Emergency Medical
Services "Do Not Resuscitate Order"; and

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