WILLIAM DONALD SCHAEFER, Governor                            Ch. 372

SUBTITLE 2. HEALTH CARE WITH AND WITHOUT CONSENT; AUTHORITY AND
DUTIES OF PHYSICIANS AND OTHER HEALTH CARE PROVIDERS

20A-201. CONSENT.

EXCEPT AS OTHERWISE PROVIDED BY LAW, A COMPETENT INDIVIDUAL OR
ANOTHER PERSON AUTHORIZED BY LAW TO CONSENT TO THE PROVISION OF
HEALTH CARE MAY GIVE A MEDICALLY INFORMED CONSENT TO A HEALTH CARE
PROVIDER FOR THE:

(1) PROVISION OF HEALTH CARE; OR

(2) WITHHOLDING OR WITHDRAWAL OF A LIFE-SUSTAINING

PROCEDURE.

20A-202. INCAPACITATED INDIVIDUALS; PROVISION OF HEALTH CARE WITHOUT
CONSENT; MEDICAL EMERGENCY.

(A) A HEALTH CARE PROVIDER MAY PROVIDE HEALTH CARE TO AN
INCAPACITATED INDIVIDUAL WITHOUT CONSENT IF:

(1) AN INDIVIDUAL AUTHORIZED BY LAW TO GIVE CONSENT TO THE
PROVISION OF HEALTH CARE IS NOT AVAILABLE IMMEDIATELY; AND

(2) THE ATTENDING PHYSICIAN OF THE INCAPACITATED INDIVIDUAL
DETERMINES THAT:

(I) THERE IS A SUBSTANTIAL RISK OF DEATH OR IMMEDIATE AND
SERIOUS HARM TO THE INCAPACITATED INDIVIDUAL;

(II) TO A REASONABLE DEGREE OF MEDICAL PROBABILITY,
DELAYING HEALTH CARE TO OBTAIN CONSENT WOULD AFFECT ADVERSELY THE
LIFE OR HEALTH OF THE INCAPACITATED INDIVIDUAL; AND

(III) THE HEALTH CARE IS OF AN EMERGENCY MEDICAL NATURE.

(B) THIS SECTION DOES NOT AUTHORIZE PROVISION OF HEALTH CARE TO
AN INCAPACITATED INDIVIDUAL IF THE HEALTH CARE PROVIDER KNOWS THAT
THE HEALTH CARE IS CONTRARY TO THE RELIGIOUS OR MORAL BELIEFS HELD BY
THE INCAPACITATED INDIVIDUAL.

20A-203. SAME; WITHHOLDING OR WITHDRAWING A LIFE-SUSTAINING PROCEDURE
WITHOUT CONSENT; INHUMANE PROCEDURES.

(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A HEALTH
CARE PROVIDER MAY WITHHOLD OR WITHDRAW A LIFE SUSTAINING PROCEDURE
FROM AN INCAPACITATED INDIVIDUAL WITHOUT CONSENT IF THE ATTENDING
PHYSICIAN OF THE INDIVIDUAL AND A SECOND PHYSICIAN CERTIFY THAT:

(1) TO A REASONABLE DEGREE OF MEDICAL PROBABILITY, THE DEATH
OF THE INDIVIDUAL IS IMMINENT DESPITE THE PROVISION OF THE
LIFE-SUSTAINING PROCEDURE; AND

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