4006

VETOES

"'HEALTH CARE PROVIDER' MEANS ANY OF THE FOLLOWING
PERSONS LICENSED OR AUTHORIZED TO PROVIDE ONE OR MORE
HEALTH CARE SERVICES IN THE STATE:

(I)  A CHIROPRACTOR.

(II)  A DENTIST.

(III)  A LICENSED PRACTICAL NURSE.

(IV)  AN OPTOMETRIST.

(V)  AN OSTEOPATH.

(VI)  A PHYSICAL THERAPIST.

(VII)  A PHYSICIAN.

(VIII)  A PODIATRIST.

(IX)  A REGISTERED NURSE.

(X)  A HOSPITAL.

(XI)  A RELATED INSTITUTION.

(X) A HOSPITAL ADMINISTRATOR OR

THE ADMINISTRATOR'S DESIGNEE.

20-107(a)(3).

As shown above, House Bill 159 was specifically amended to
delete a "hospital and a related institution" from provisions
authorizing unconsented treatment of the disabled individual (§
20-107(c)) and those according certain immunity (§ 20-107(d)).

Under these circumstances, we see no way the two bills, if
both are signed, could be reconciled. Each bill is clearly
intending the opposite result and for this reason, we recommend
that only one bill be signed.

Very truly yours,
Stephen H. Sachs
Attorney General

House Bill No. 309

AN ACT concerning

Informed Consent - Treating Disabled Individuals -
Nonliability of Health Care Facility

FOR the purpose of providing for the     nonliability of a health

care facility that renders     treatment to a disabled

individual who did not have the     capacity to give certain
informed consent.

BY repealing and reenacting, with amendments,

Article - Health - General

Section 20-107

Annotated Code of Maryland