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1993 LAWS OF MARYLAND
20A-502. POWERS AND DUTIES; SURROGATE DECISION MAKER.
(A) UNDER THIS SUBTITLE, A SURROGATE DECISION MAKER SHALL MAKE A
HEALTH CARE DECISION THAT REFLECTS A MEDICALLY INFORMED SUBSTITUTED
JUDGMENT.
(B) (1) A SURROGATE DECISION MAKER WHO CANNOT MAKE A HEALTH
CARE DECISION UNDER SUBSECTION (A) OF THIS SECTION SHALL MAKE A HEALTH
CARE DECISION THAT IS IN THE BEST INTEREST OF THE INCAPACITATED
INDIVIDUAL.
(2) THE SURROGATE DECISION MAKER MAY NOT CONSIDER A
PREEXISTING PHYSICAL OR MENTAL. DISABILITY OF THE INCAPACITATED
INDIVIDUAL THAT HAS NO EFFECT ON THE MEDICAL CONDITION THAT WOULD BE
THE SUBJECT OF TREATMENT.
(C) A SURROGATE DECISION MAKER MAY NOT EXERCISE AUTHORITY
UNDER THIS SUBTITLE ON BEHALF OF AN INDIVIDUAL IF:
(1) THE INDIVIDUAL IS COMPETENT;
(2) THE HEALTH CARE DECISION IS. WITHIN THE SCOPE OF A POWER OF
ATTORNEY FOR HEALTH CARE DECISIONS VALID UNDER THIS SUBTITLE; OR
(3) A GUARDIAN OF THE PERSON HAS BEEN APPOINTED FOR THE
INDIVIDUAL UNDER § 13-704 OF THE ESTATES AND TRUSTS ARTICLE AND HAS BEEN
GRANTED AUTHORITY OVER THE HEALTH CARE OF THE INDIVIDUAL.
(D) A SURROGATE DECISION MAKER MAY NOT MAKE A HEALTH CARE
DECISION THAT THE SURROGATE DECISION MAKER HAS REASON TO BELIEVE IS
CONTRARY TO THE RELIGIOUS OR MORAL BELIEFS HELD BY THE INCAPACITATED
INDIVIDUAL.
(E) A SURROGATE DECISION MAKER MAY NOT INSTRUCT THAT A
LIFE-SUSTAINING PROCEDURE BE WITHHELD OR WITHDRAWN FROM AN
INCAPACITATED INDIVIDUAL WHO IS IN NEITHER A TERMINAL CONDITION NOR A
PERSISTENT VEGETATIVE STATE.
20A 503. SAME; HEALTH CARE PROVIDER.
(A) A HEALTH CARE PROVIDER SHALL CERTIFY A HEALTH CARE DECISION
OF A SURROGATE DECISION MAKER UNDER THIS SUBTITLE.
(B) A HEALTH CARE PROVIDER MAY NOT CARRY OUT A HEALTH CARE
DECISION OF A SURROGATE DECISION MAKER IF:
(1) A SECOND SURROGATE DECISION MAKER HAS INFORMED THE
HEALTH CARE PROVIDER IN WRITING THAT THE SECOND SURROGATE DECISION
MAKER DISAGREES WITH THE HEALTH CARE DECISION; OR
(2) THE HEALTH CARE PROVIDER CERTIFIES THAT IT HAS REASON TO
BELIEVE THAT:
- 2032 -
Ch. 372
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