Ch. 372

1993 LAWS OF MARYLAND

(II) THE PERSON MAY REQUEST A TRANSFER TO ANOTHER
HEALTH CARE PROVIDER; AND

(III) THE HEALTH CARE PROVIDER WILL MAKE EVERY

REASONABLE EFFORT TO ASSIST IN A TRANSFER IF THE PERSON REQUESTS A
TRANSFER; AND

(2) ASSIST IN A TRANSFER IF IT IS REQUESTED.

(C) (1) THIS SECTION DOES NOT AUTHORIZE A HEALTH CARE PROVIDER
TO PROVIDE HEALTH CARE TO AN INDIVIDUAL OVER THE OBJECTION OF THE
INDIVIDUAL, IF COMPETENT.

(2) THIS SECTION AUTHORIZES A HEALTH CARE PROVIDER TO
PROVIDE HEALTH CARE TO AN INCAPACITATED INDIVIDUAL OVER THE OBJECTION
OF A HEALTH CARE AGENT OR SURROGATE DECISION MAKER FOR THE
INCAPACITATED INDIVIDUAL ONLY IF THE ATTENDING PHYSICIAN OF THE
INDIVIDUAL HAS MADE A CERTIFICATION UNDER § 20A 202(A)(2) OF THIS TITLE.

20A-209. LIABILITY OF HEALTH CARE PROVIDER.

(A)     A HEALTH CARE PROVIDER IS NOT SUBJECT TO CIVIL OR CRIMINAL
LIABILITY OR DISCIPLINARY ACTION SOLELY AS A RESULT OF:-

(1) WITHHOLDING OR WITHDRAWING HEALTH CARE FROM AN
INDIVIDUAL IN GOOD FAITH RELIANCE ON A CERTIFICATION MADE UNDER §
20A-203 OR § 20A-201 OF THIS SUBTITLE; OR

(2) GOOD FAITH RELIANCE ON AN INSTRUCTION REGARDING HEALTH
CARE GIVEN UNDER THE AUTHORITY OF THIS TITLE.

(B)     A HEALTH CARE PROVIDER THAT PROVIDES HEALTH CARE TO AN
INCAPACITATED INDIVIDUAL WITHOUT CONSENT UNDER § 20A-202 OF THIS
SUBTITLE IS NOT SUBJECT TO CIVIL OR CRIMINAL LIABILITY OR DISCIPLINARY
ACTION SOLELY BECAUSE THE INCAPACITATED INDIVIDUAL DID NOT HAVE THE
CAPACITY TO PROVIDE CONSENT-
SUBTITLE 3. INSTRUCTIONS TO PHYSICIAN

20A-301. DECISIONS CONCERNING FUTURE HEALTH CARE.

A COMPETENT INDIVIDUAL WHO IS AT LEAST 18 YEARS OLD OR WHO, UNDER §
20-102(A) OF THIS TITLE, HAS THE SAME CAPACITY AS AN ADULT TO CONSENT TO
MEDICAL TREATMENT MAY INFORM AN ATTENDING PHYSICIAN OF THE
INDIVIDUAL OF A HEALTH CARE DECISION THAT IS TO BE GIVEN EFFECT UNDER
FUTURE CIRCUMSTANCES IDENTIFIED BY THE INDIVIDUAL.

20A-302. REQUIRED ACTION BY ATTENDING PHYSICIAN.

THE ATTENDING PHYSICIAN OF AN INDIVIDUAL WHO HAS MADE A HEALTH
CARE DECISION UNDER THIS SUBTITLE SHALL PROMPTLY CERTIFY THE NATURE OF
THE DECISION MADE BY THE INDIVIDUAL.

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