HARRY HUGHES, Governor

1065

(5) A MENTAL DISABILITY, INCLUDING SENILITY.

(B)  SCOPE OF SECTION.

THIS SECTION DOES NOT AUTHORIZE ANY TREATMENT OF A
DISABLED INDIVIDUAL IF THE ATTENDING PHYSICIAN KNOWS THAT
THE TREATMENT IS AGAINST THE RELIGIOUS BELIEF OF THE
DISABLED INDIVIDUAL.

(C)  TREATMENT WITHOUT CONSENT.

A PHYSICIAN OR A HEALTH CARE FACILITY MAY TREAT A
DISABLED INDIVIDUAL WITHOUT CONSENT IF:

(1)  A PERSON WHO IS AUTHORIZED TO GIVE THE
CONSENT IS NOT AVAILABLE IMMEDIATELY;

(2)  THE ATTENDING PHYSICIAN DETERMINES:

(I)  THERE IS A SUBSTANTIAL RISK OF DEATH
OR IMMEDIATE AND SERIOUS HARM TO THE DISABLED INDIVIDUAL;
AND

(II)  WITH A REASONABLE DEGREE OF MEDICAL
CERTAINTY, THE LIFE OR HEALTH OF THE DISABLED INDIVIDUAL
WOULD BE AFFECTED ADVERSELY BY DELAYING TREATMENT TO OBTAIN
CONSENT; AND

(3)  TREATMENT IS OF AN EMERGENCY MEDICAL NATURE.

(D)  LIABILITIES.

A PHYSICIAN OR AN INDIVIDUAL UNDER THE DIRECTION OF A
PHYSICIAN WHO TREATS A DISABLED INDIVIDUAL IS NOT LIABLE FOR
CIVIL DAMAGES OR SUBJECT TO ANY CRIMINAL OR DISCIPLINARY
PENALTY SOLELY BECAUSE THE DISABLED INDIVIDUAL DID NOT HAVE
CAPACITY TO CONSENT UNDER THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 135C.

Throughout this section, the defined word
"physician" is substituted for the ambiguous term
"licensed physician", for clarity.

In subsection (a)(5) of this section, the former
phrase "other mental weakness" is deleted as
unnecessary in light of the broad reference to a
"mental disability" and the definition of
"includes"/"including" in Title 1 of this
article.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,