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2006 LAWS OF MARYLAND
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Ch. 522
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TELEPHONE NUMBER(S)
5-605.
(a) (1) In this subsection, "unavailable" means:
(i) After reasonable inquiry, a health care provider is unaware of
the existence of a HEALTH CARE AGENT OR surrogate decision maker;
(ii) After reasonable inquiry, a health care provider cannot
ascertain the whereabouts of a HEALTH CARE AGENT OR surrogate decision maker;
(iii) A HEALTH CARE AGENT OR surrogate decision maker has not
responded in a timely manner, taking into account the health care needs of the
individual, to a written or oral message from a health care provider;
(iv) A HEALTH CARE AGENT OR surrogate decision maker is
incapacitated; or
(v) A HEALTH CARE AGENT OR surrogate decision maker is
unwilling to make decisions concerning health care for the individual.
(2) The following individuals or groups, in the specified order of priority,
may make decisions about health care for a person who has been certified to be
incapable of making an informed decision and who has not appointed a health care
agent in accordance with this subtitle OR WHOSE HEALTH CARE AGENT IS
UNAVAILABLE. Individuals in a particular class may be consulted to make a decision
only if all individuals in the next higher class are unavailable:
(i) A guardian for the patient, if one has been appointed;
(ii) The patient's spouse;
(iii) An adult child of the patient;
(iv) A parent of the patient;
(v) An adult brother or sister of the patient; or
(vi) A friend or other relative of the patient who meets the
requirements of paragraph (3) of this subsection.
5-606.
(a) (1) Prior to providing, withholding, or withdrawing treatment for which
authorisation has been obtained or will be sought under this subtitle, the attending
physician and a second physician OR A LICENSED PSYCHOLOGIST NURSE
PRACTITIONER, one of whom shall have examined the patient within 2 hours before
making the certification, shall certify in writing that the patient is incapable of
making an informed decision regarding the treatment. The certification shall be
based on a personal examination of the patient.
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