Ch. 372                                     1993 LAWS. OF MARYLAND

(D)     "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY
RESPONSIBILITY FOR THE TREATMENT AND CARE OF THE PATIENT.

(E)     "BEST INTEREST" MEANS THAT THE BENEFITS TO THE INDIVIDUAL
RESULTING FROM A TREATMENT OUTWEIGH THE BURDENS TO THE INDIVIDUAL
RESULTING FROM THAT TREATMENT, TAKING INTO ACCOUNT:

(1)     THE EFFECT OF THE TREATMENT ON THE PHYSICAL , EMOTIONAL ,
AND COGNITIVE FUNCTIONS OF THE INDIVIDUAL;

(2)     THE DEGREE OF PHYSICAL PAIN OR DISCOMFORT CAUSED TO THE
INDIVIDUAL BY THE TREATMENT, OR THE WITHHOLDING OR WITHDRAWAL OF THE
TREATMENT;

(3)     THE DEGREE TO WHICH THE INDIVIDUAL'S MEDICAL CONDITION,
THE TREATMENT, OR THE WITHHOLDING OR WITHDRAWAL OF TREATMENT
RESULT: IN A SEVERE AND CONTINUING IMPAIRMENT OF THE DIGNITY OF THE
INDIVIDUAL BY SUBJECTING THE INDIVIDUAL TO A CONDITION OF EXTREME

HUMILIATION AND DEPENDENCY;

(4)     THE EFFECT OF THE TREATMENT ON THE LIFE EXPECTANCY OF THE
INDIVIDUAL;

(5)     THE PROGNOSIS OF THE INDIVIDUAL FOR RECOVERY, WITH AND
WITHOUT THE TREATMENT;

(6)     THE RISKS, SIDE EFFECTS, AND BENEFITS OF THE TREATMENT OR
THE WITHHOLDING OR WITHDRAWAL OF THE TREATMENT; AND

(7) THE RELIGIOUS BELIEFS AND BASIC VALUES OF THE INDIVIDUAL
RECEIVING TREATMENT, TO THE EXTENT THESE MAY ASSIST THE DECISION MAKER
IN DETERMINING BEST INTEREST.

(F)     "COMPETENT INDIVIDUAL" MEANS A PERSON WHO IS AT LEAST 18 YEARS
OF AGE OR WHO UNDER § 20-102(A) OF THIS ARTICLE HAS THE SAME CAPACITY AS
AN ADULT TO CONSENT TO MEDICAL TREATMENT AND WHO HAS NOT BEEN
DETERMINED TO BE INCAPABLE OF MAKING AN INFORMED DECISION.

(G)     "DECLARANT" MEANS A COMPETENT INDIVIDUAL WHO MAKES AN
ADVANCE DIRECTIVE WHILE CAPABLE OF MAKING AND COMMUNICATING AN
INFORMED DECISION.

(H) "EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE ORDER""
MEANS A PHYSICIAN'S WRITTEN ORDER IN A FORM ESTABLISHED BY PROTOCOL
ISSUED BY THE MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES IN
CONJUNCTION WITH THE STATE BOARD OF PHYSICIAN QUALITY ASSURANCE
WHICH, IN THE EVENT OF A CARDIAC OR RESPIRATORY ARREST OF A PARTICULAR
PATIENT, AUTHORIZES CERTIFIED EMERGENCY MEDICAL SERVICES PERSONNEL TO
WITHHOLD OR WITHDRAW CARDIOPULMONARY RESUSCITATION INCLUDING
CARDIAC COMPRESSION, ENDOTRACHEAL INTUBATION, OTHER ADVANCED
AIRWAY MANAGEMENT TECHNIQUES, ARTIFICIAL VENTILATION, DEFIBRILLATION,
AND OTHER RELATED LIFE-SUSTAINING PROCEDURES.

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