WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(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] LIVING WILL has boon revoked or for so long as the physician has
a reasonable basis for believing that the [declaration] LIVING WILL may have been
revoked.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] LIVING WILL exists if the
physician acts under subsection (a) of this section; or

(2) That the [declaration] LIVING WILL has boon revoked or may have
been revoked if the physician acts under subsection (c) of this section.

[5-605.] 20A-408. FOOD AND WATER; FEEDING TUBES.

The [declaration] LIVING WILL of a qualified patient to withhold or withdraw
life sustaining procedures may not be implemented[:

(1) By] BY the denial of food[,] OR water THAT THE QUALIFIED
PATIENT INGESTS BY MOUTH VOLUNTARILY, WITH OR WITHOUT ASSISTANCE, 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].

[5-607.] 20A-409. CIVIL AND CRIMINAL LIABILITY.

(a)     Except as provided in subsection (b) or subsection (c) of this section, on
notification of the existence of a valid [declaration] LIVING WILL any person who causes
a failure to comply with the provisions of § [5-604] 20A-407 may be held civilly liable.

(b)     A paid or volunteer fire-fighter, paramedic, or member of an ambulance or
rescue squad is not subject to criminal or civil liability for aid, care, or assistance rendered
in good faith and under reasonable standards to a qualified patient, even if that aid, care,
or assistance is contrary to the provisions of that qualified patient's [declaration] LIVING
WILL.

(c) (1) A person who in good faith, [pursuant to] IN ACCORDANCE WITH
reasonable medical standards, and in accordance with the requirements of this subtitle,
causes or participates in the withholding or withdrawing of life sustaining procedures
from a qualified patient:

(i) Is not subject to civil or criminal liability; and

(ii) May not be found to have committed professional misconduct.

(2) The provisions of paragraph (1) of this subsection do not:

(i) Apply to any acts or omissions prior to the time a declarant
becomes a qualified patient; or

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