WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

Preamble.

WHEREAS, The constitutional law of this nation recognizes an individual's right
to personal health care decision making, complementing the common-law doctrine of
informed consent; and

WHEREAS, The people of Maryland have a constitutional interest in making
lawful health care decisions in accordance with their own values; and

WHEREAS, The State is constitutionally permitted to enact reasonable safeguards
to assure that health care decisions made by others on behalf of an incapacitated patient
are in keeping with the wishes of the patient or are in the best interest of the patient; and

WHEREAS, The balance struck by this Act reflects the societal value that the life
of every individual has worth in and of itself and is not to be devalued by reason of an
individual's incapacity or perceived diminished "quality of life", whether because of
emotional, mental, or physical disability or because of age or economic disadvantage; and

WHEREAS, It is the intent of the General Assembly that this Act advance the
interests and wishes of the individuals whose life and health may be affected by its
provisions, not the interests and wishes of others, including those who are granted
authority under this Act to act on behalf of an individual; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 5-601 through 5-614, inclusive, and the subtitle "Subtitle
6. Life-Sustaining Procedures"; and 20-107 of Article - Health - General of the
Annotated Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Health - General

SUBTITLE 6. HEALTH CARE DECISION ACT
5-601. DEFINITIONS.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)     "ADVANCE DIRECTIVE" MEANS:

(1)     A WITNESSED WRITTEN DOCUMENT, VOLUNTARILY EXECUTED BY
THE DECLARANT IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SUBTITLE;
OR

(2)     A WITNESSED ORAL STATEMENT, MADE BY THE DECLARANT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBTITLE.

(C) "AGENT" MEANS AN ADULT APPOINTED BY THE DECLARANT UNDER AN
ADVANCE DIRECTIVE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBTITLE TO MAKE HEALTH CARE DECISIONS FOR THE DECLARANT.

- 2039 -