HARRY HUGHES, Governor

2845

(b)  This section does not authorize any treatment of a
disabled individual if the [attending physician] HEALTH CARE
PROVIDER knows that the treatment is against the religious belief
of the disabled individual.

(c)  A [physician or a health care facility] HEALTH CARE
PROVIDER 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)  IN THE ABSENCE OF A DURABLE POWER OF ATTORNEY THAT
RELATES TO MEDICAL CARE AND IS EXECUTED UNDER § 13-601 OF THE
ESTATES AND TRUSTS ARTICLE, OR IN THE ABSENCE OF A JUDICIALLY
APPOINTED GUARDIAN , CONSERVATOR, COMMITTEE, OR TRUSTEE WHO HAS
THE AUTHORITY TO CONSENT TO MEDICAL CARE, ANY OF THE FOLLOWING
INDIVIDUALS MAY GIVE A SUBSTITUTED CONSENT FOR FURNISHING MEDICAL
OR DENTAL CARE AND TREATMENT TO A DISABLED INDIVIDUAL IN
ACCORDANCE WITH THE FOLLOWING PRIORITIES PROVIDED THE PROVISIONS
OF SUBSECTION (E) OF THIS SECTION HAVE BEEN MET:

(1)  A SPOUSE, OR, IF NOT REASONABLY AVAILABLE;

(2)  AN ADULT CHILD, OR, IF NOT REASONABLY AVAILABLE;

(3)  A PARENT, OR, IF NOT REASONABLY AVAILABLE;

(4)  AN ADULT SIBLING, OR, IF NOT REASONABLY
AVAILABLE;

(5)  A GRANDPARENT, OR, IF NOT REASONABLY AVAILABLE;

(6)  AN ADULT GRANDCHILD.

(E)  THE SUBSTITUTED CONSENT PROVIDED FOR BY SUBSECTION (D)
OF THIS SECTION MAY BE GIVEN ONLY IF 2 PHYSICIANS LICENSED BY
THIS STATE, AFTER ATTEMPTING TO CONSULT WITH THE ALLEGED DISABLED
INDIVIDUAL REGARDING THE PROPOSED HEALTH CARE, CERTIFY IN WRITING
THAT CLEAR AND CONVINCING EVIDENCE EXISTS THAT THE ALLEGED
DISABLED INDIVIDUAL IS INCAPABLE OF MAKING A RESPONSIBLE DECISION
REGARDING THE PROPOSED HEALTH CARE. ONE OF THE TWO PHYSICIANS
MUST HAVE EXAMINED THE ALLEGED DISABLED PERSON WITHIN 2 HOURS OF
THE FINDING OF DISABILITY. BOTH PHYSICIANS MUST ALSO GIVE AN
OPINION REGARDING THE CAUSE AND NATURE OF THE DISABILITY AND THE
EXTENT AND PROBABLE DURATION OF THE DISABILITY.