HARRY HUGHES, Governor                                         4007

(1982 Volume and 1983 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

20-107.

(a)   In this section, "disabled individual" means an
individual who lacks sufficient understanding or capacity to make
or communicate a responsible decision on health care for the
individual because of:

(1)  A physical disability;

(2)  Habitual drunkenness CHRONIC ALCOHOLISM;

(3)  Drug addiction;

(4)  A disease; or

(5)  A mental disability, including senility.

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

(c)  A physician or a health care facility 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)  A physician or an individual under the direction of a
physician who treats a disabled individual OR A HEALTH CARE
FACILITY THAT RENDERS TREATMENT TO A DISABLED INDIVIDUAL 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.