2946

LAWS OF MARYLAND

Ch. 620

(1) WHOSE CONDITION IS SUCH THAT THERE IS NO

REASONABLE EXPECTATION THAT THE CONDITION WILL IMPROVE REGARDLESS
OF THE ADMINISTRATION OF LIFE SUSTAINING PROCEDURES; AND

(2) WHO:

(I) IS COMATOSE; OR

(II) AS A RESULT OF DISEASE, ILLNESS, INJURY,
OR ANY OTHER REASON, IS MENTALLY INCOMPETENT TO PARTICIPATE
MEANINGFULLY IN A DECISION REGARDING THE ADMINISTRATION OF
LIFE SUSTAINING PROCEDURES.

(D) (C) "DECLARANT" MEANS AN INDIVIDUAL WHO HAS EXECUTED A
DECLARATION.

(E) (D) "DECLARATION" MEANS A DOCUMENT THAT IS EXECUTED
UNDER § 5-602 OR § 5-611 OF THIS SUBTITLE.

(F) "LIFE SUSTAINING PROCEDURES" MEANS 1 OR MORE MEDICAL
PROCEDURES OR INTERVENTIONS THAT SUSTAIN, SUPPLEMENT, OR SUPPLANT
A VITAL PHYSIOLOGICAL FUNCTION OR ELEMENT.

(E) "LIFE-SUSTAINING PROCEDURE" MEANS ANY MEDICAL
PROCEDURE, TREATMENT, OR INTERVENTION WHICH USES MECHANICAL OR
OTHER ARTIFICIAL MEANS TO SUSTAIN, RESTORE, OR SUPPLANT A
SPONTANEOUS VITAL FUNCTION OR IS OTHERWISE OF SUCH A NATURE AS TO
AFFORD A PATIENT NO REASONABLE EXPECTATION OF RECOVERY FROM A
TERMINAL CONDITION AND WHICH, WHEN APPLIED TO A PATIENT IN A
TERMINAL CONDITION, WOULD SERVE TO SECURE ONLY A PRECARIOUS AND
BURDENSOME PROLONGATION OF LIFE.

(C) (F) "QUALIFIED PATIENT" MEANS A DECLARANT DIAGNOSED,
WITHIN A REASONABLE DEGREE DEGREE OF MEDICAL CERTAINTY, TO BE IN
A TERMINAL CONDITION AS CERTIFIED IN WRITING BY 2 PHYSICIANS,
BOTH OF WHOM HAVE PERSONALLY EXAMINED THE DECLARANT, AND AT LEAST
1 OF WHOM IS AN ATTENDING PHYSICIAN OF THE DECLARANT.

(H) "TERMINAL CONDITION" MEANS THE CONDITION OF A COMATOSE
PATIENT CAUSED BY A DISEASE, ILLNESS, OR INJURY FROM WHICH:

(1) WITHOUT LIFE SUSTAINING PROCEDURES, DEATH IS

IMMINENT; AND

(2) WITH OR WITHOUT LIFE SUSTAINING PROCEDURES, THERE
CAN BE NO RECOVERY.

(G) "TERMINAL CONDITION" MEANS AN INCURABLE CONDITION OF A
PATIENT CAUSED BY INJURY, DISEASE, OR ILLNESS WHICH, TO A
REASONABLE DEGREE OF MEDICAL CERTAINTY, MAKES DEATH IMMINENT AND
FROM WHICH, DESPITE THE APPLICATION OF LIFE-SUSTAINING
PROCEDURES, THERE CAN BE NO RECOVERY OR SUBSTANTIAL IMPROVEMENT.

5-602.