Ch. 372

1993 LAWS OF MARYLAND

(2)     IN THE PROFESSIONAL JUDGMENT OF BOTH PHYSICIANS, THE
PROVISION OF THE LIFE SUSTAINING PROCEDURE WOULD BE INHUMANE.

(B) A HEALTH CARE PROVIDER MAY NOT WITHHOLD OR WITHDRAW A LIFE
SUSTAINING PROCEDURE FROM AN INDIVIDUAL BASED ON THE CERTIFICATION
DESCRIBED IN SUBSECTION (A) OF THIS SECTION IF PROVISION OF THE
LIFE SUSTAINING PROCEDURE HAS BEEN REQUESTED BY ANY PERSON
AUTHORIZED BY LAW TO CONSENT TO THE PROVISION OF HEALTH CARE TO THE
INDIVIDUAL.

20A-204. MEDICALLY INEFFECTIVE HEALTH CARE.

(A)     A HEALTH CARE PROVIDER MAY WITHHOLD OR WITHDRAW HEALTH
CARE FROM AN INDIVIDUAL WITHOUT CONSENT IF THE ATTENDING PHYSICIAN OF
THE INDIVIDUAL:

(1) REASONABLY DETERMINES THAT THE HEALTH CARE WILL BE
MEDICALLY INEFFECTIVE;

(2)     CERTIFIES THAT DETERMINATION; AND

(3) (I) INFORMS THE INDIVIDUAL OF THE DETERMINATION, IF THE
INDIVIDUAL IS COMPETENT; OR

(II) INFORMS A PERSON AUTHORIZED BY LAW TO CONSENT TO
THE PROVISION OF HEALTH CARE OF THE DETERMINATION, IF THE INDIVIDUAL IS
NOT COMPETENT.

(B)     A PHYSICIAN MAY NOT DETERMINE THAT HEALTH CARE IS MEDICALLY
INEFFECTIVE FOR THE SOLE REASON THAT AN INDIVIDUAL: .

(1) HAS A MENTAL DISORDER;

(2) HAS A DEVELOPMENTAL DISABILITY;

(3) IS ELDERLY; OR

(4) IS AN ALCOHOLIC OR DRUG ABUSER.

20A-205. COMFORT OF AN INCAPACITATED INDIVIDUAL.

NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A HEALTH CARE
PROVIDER SHALL PROVIDE HEALTH CARE NEEDED TO MAINTAIN THE COMFORT OF
AN INCAPACITATED INDIVIDUAL, INCLUDING THE ADMINISTRATION OF
MEDICALLY APPROPRIATE RELIEF FOR PAIN OR DISCOMFORT.

20A-206. FOOD AND WATER BY MOUTH; FEEDING TUBES.

(A)     A HEALTH CARE PROVIDER SHALL MAKE REASONABLE EFFORTS TO
PROVIDE AN INDIVIDUAL WITH FOOD AND WATER BY MOUTH AND TO ASSIST THE
INDIVIDUAL AS NEEDED TO EAT AND DRINK VOLUNTARILY.

(B)     A HEALTH CARE PROVIDER MAY NOT INSERT A FEEDING TUBE UNLESS
THE FEEDING TUBE IS MEDICALLY NECESSARY.

- 2018 -