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S.B. 796 VETOES
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agent in accordance with this subtitle. 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 OR DOMESTIC LIFE PARTNER;
(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.
5-612.
(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 from the patient if the
patient is in a hospital or related institution; or
(ii) File a petition in a court of competent jurisdiction seeking
injunctive or other relief relating to the withholding or withdrawal of the
life-sustaining procedure from the patient.
(2) In reviewing a petition filed under paragraph (1) of this subsection,
the court shall follow the standards set forth in §§ 13-711 through 13-713 of the
Estates and Trusts Article.
(b) On petition of the patient's spouse, DOMESTIC LIFE PARTNER, a parent,
adult child, grandchild, brother, or sister of the patient, or a friend or other relative
who has qualified as a surrogate under § 5-605 of this subtitle to a circuit court of the
county or city in which the patient for whom treatment will be or is currently being
provided, withheld, or withdrawn under this subtitle resides or is located, the court
may enjoin that action upon finding by a preponderance of the evidence that the
action is not lawfully authorized by this subtitle or by other State or federal law.
(c) Except for cases that the court considers of greater importance, a
proceeding under this section, including an appeal, shall:
(1) Take precedence on the docket;
(2) Be heard at the earliest practicable date; and
(3) Be expedited in every way.
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- 3912 -
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