Ch. 372                                     1993 LAWS OF MARYLAND

WHEREAS, This law is intended to provide standards for decision making about
life sustaining procedures but not to suggest what the decision of any individual should
be; and

WHEREAS, It is the intent of the General Assembly that this law advance the
interests and wishes of the individuals whose life and health may be affected by its
provisions, not the interests and wishes of others, including those who are granted
authority under this law to act on behalf of an individual; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 5-601, 5-603, 5-606, 5-608, 5-609, 5-613, 5-611, and the

subtitle "Subtitle 6. Life Sustaining Procedures"; and 20-107 of Article - Health—

General of the Annotated Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article—Health—General

TITLE 20A. HEALTH CARE DECISION MAKING AND ADVANCE MEDICAL DIRECTIVES

SUBTITLE 1. DEFINITIONS; LEGISLATIVE POLICY; MISCELLANEOUS PROVISIONS
20A-101. DEFINITIONS.

(A)     IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.

(B)     "ADVANCE MEDICAL DIRECTIVE" MEANS;

(1) A VALID HEALTH CARE DECISION MADE UNDER SUBTITLE 3 OF THIS
TITLE;

(2) A VALID LIVING WILL EXECUTED UNDER SUBTITLE 1 OF THIS TITLE;
OR

(3)     A VALID POWER OF ATTORNEY FOR HEALTH CARE EXECUTED
UNDER SUBTITLE 5 OF THIS TITLE.

(C) "ATTENDING PHYSICIAN" MEANS A PHYSICIAN WHO HAS BEEN SELECTED
BY OR ASSIGNED TO, AND HAS PRIMARY RESPONSIBILITY FOR THE TREATMENT
AND CARE OF, AN INDIVIDUAL.

(D) "BEST INTEREST" MEANS THAT THE BENEFITS TO THE INDIVIDUAL
RESULTING FROM A DECISION ABOUT TREATMENT OUTWEIGH THE BURDENS TO
THE INDIVIDUAL RESULTING FROM THAT DECISION, TAKING INTO ACCOUNT:

(1)     THE EFFECT OF THE MEDICAL CONDITION OF THE INDIVIDUAL ON
THE PHYSICAL, EMOTIONAL, AND COGNITIVE FUNCTIONS OF THE INDIVIDUAL;

(2) THE DEGREE OF PHYSICAL PAIN OR DISCOMFORT RESULTING FROM
THE MEDICAL CONDITION OF THE INDIVIDUAL, THE TREATMENT, OR THE
WITHHOLDING OR WITHDRAWAL OF TREATMENT;

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