2846

LAWS OF MARYLAND

Ch. 540

(F) THE SUBSTITUTED CONSENT PROVIDED FOR BY. SUBSECTION (D)
OF THIS SECTION MAY NOT BE GIVEN:

(1)  IF THE PROPOSED HEALTH CARE IS INTENDED PRIMARILY
FOR:

(I)  AN ABORTION;

(II)  STERILIZATION; OR

(III)  THE OBSERVATION, DIAGNOSIS, TREATMENT, OR
HOSPITALIZATION FOR A MENTAL DISORDER; OR

(2)  IF THE HEALTH CARE PROVIDER IS AWARE THAT THE
PERSON FOR WHOM THE HEALTH CARE IS PROPOSED IS EXPRESSING HAS
EXPRESSED DISAGREEMENT WITH THE DECISION TO PROVIDE HEALTH
CARE . ;

(3) IF THE HEALTH CARE PROVIDER KNOWS THAT THE
INDIVIDUAL GIVING SUBSTITUTED CONSENT IS NOT ACTING IN A
REASONABLE AND PRUDENT MANNER; OR

(4) IF THE HEALTH CARE PROVIDER HAS BEEN INFORMED IN
WRITING THAT 1 OR MORE OF THE PERSONS LISTED IN SUBSECTION (D)
(1) THROUGH (4) OF THIS SECTION IS OPPOSED TO THE PERFORMANCE OF
THE TREATMENT.

[(d)](G)(1) A [physician or an individual under the
direction of a physician] HEALTH CARE PROVIDER who treats a
disabled individual UNDER SUBSECTION (C) OF THIS SECTION 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].

(2)  A HEALTH CARE PROVIDER WHO ACTS IN GOOD FAITH IN
A REASONABLE AND PRUDENT MANNER AND RELIES ON A SUBSTITUTED
CONSENT GIVEN UNDER SUBSECTION (D) OF THIS SECTION IS NOT SUBJECT
TO CIVIL OR CRIMINAL LIABILITY OR PROFESSIONAL DISCIPLINARY
ACTION SOLELY BECAUSE OF THE RELIANCE ON THE SUBSTITUTED CONSENT.

(3) A PERSON OR PERSONS GIVING SUBSTITUTED CONSENT
UNDER THE PROVISIONS OF SUBSECTION (D) OF THIS SECTION ARE NOT
SUBJECT TO CIVIL OR CRIMINAL LIABILITY AS A RESULT OF PROVIDING
THE CONSENT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.