2950

LAWS OF MARYLAND

Ch. 620

(A)  SUBJECT TO THE PROVISIONS OF PARAGRAPHS (B) AND (C) OF
THIS SECTION AND IF THE DECLARANT IS UNABLE TO GIVE DIRECTIONS
REGARDING THE USE OF LIFE-SUSTAINING PROCEDURES, THE ATTENDING
PHYSICIAN OF A DECLARANT IN A TERMINAL CONDITION SHALL PROMPTLY:

(1)  TAKE THE ACTIONS NECESSARY TO PROVIDE FOR THE
CERTIFICATION REQUIRED FOR THE DECLARANT TO BECOME A QUALIFIED
PATIENT; AND

(2)  UPON CERTIFICATION, IMPLEMENT THE DECLARATION.

(B)  AN ATTENDING PHYSICIAN WHO DOES NOT COMPLY WITH
SUBSECTION (A) OF THIS SECTION SHALL MAKE EVERY REASONABLE EFFORT
TO TRANSFER THE DECLARANT TO ANOTHER PHYSICIAN.

(C)  SUBSECTION (A) OF THIS SECTION DOES NOT APPLY IF THE
ATTENDING PHYSICIAN KNOWS THAT THE DECLARATION HAS BEEN REVOKED
OR FOR SO LONG AS THE PHYSICIAN HAS A REASONABLE BASIS FOR
BELIEVING THAT THE DECLARATION MAY HAVE BEEN REVOKED.

(D)  THE ATTENDING PHYSICIAN SHALL PLACE IN THE DECLARANT'S
MEDICAL RECORDS THE EVIDENTIARY BASIS FOR THE PHYSICIAN'S
CONCLUSION:

(1)  THAT A VALID AND UNREVOKED DECLARATION EXISTS IF
THE PHYSICIAN ACTS UNDER SUBSECTION (A) OF THIS SECTION; OR

(2)  THAT THE DECLARATION HAS BEEN REVOKED OR MAY HAVE
BEEN REVOKED IF THE PHYSICIAN ACTS UNDER SUBSECTION (C) OF THIS
SECTION.

5-605.

THE DECLARATION OF A QUALIFIED PATIENT TO WITHHOLD OR
WITHDRAW LIFE-SUSTAINING PROCEDURES MAY NOT BE IMPLEMENTED:

(1)  BY THE DENIAL OF FOOD, WATER, OR OF SUCH
MEDICATION AND MEDICAL PROCEDURES AS ARE NECESSARY TO PROVIDE
COMFORT CARE AND TO ALLEVIATE PAIN; OR

(2)  IF THE QUALIFIED PATIENT IS PREGNANT.

5-606.

IN THE ABSENCE OF EVIDENCE TO THE CONTRARY, A DECLARATION
WHICH, ON ITS FACE, SATISFIES THE REQUIREMENTS OF § 5-602 OR §
5-611 OF THIS SUBTITLE IS PRESUMED TO BE VALID.

5-607.

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) SUBSECTION (B) OR
SUBSECTION (C) OF THIS SECTION, ON NOTIFICATION OF THE EXISTENCE
OF A VALID DECLARATION ANY PERSON WHO CAUSES A FAILURE TO COMPLY
WITH THE PROVISIONS OF § 5-604 MAY BE HELD CIVILLY LIABLE.