WILLIAM DONALD SCHAEFER, Governor                            Ch. 372

(I) "END-STAGE CONDITION" MEANS AN ADVANCED, PROGRESSIVE,
IRREVERSIBLE CONDITION CAUSED BY INJURY, DISEASE, OR ILLNESS:

(1)      THAT HAS CAUSED SEVERE AND PERMANENT DETERIORATION
INDICATED BY INCOMPETENCY AND COMPLETE PHYSICAL DEPENDENCY; AND

(2)      FOR WHICH, TO A REASONABLE DEGREE OF MEDICAL PROBABILITY
CERTAINTY, TREATMENT OF THE IRREVERSIBLE CONDITION WOULD BE MEDICALLY

INEFFECTIVE.

(J) "HEALTH CARE PRACTITIONER" MEANS:

(1) AN INDIVIDUAL LICENSED OR CERTIFIED UNDER THE HEALTH
OCCUPATIONS ARTICLE TO PROVIDE HEALTH CARE; OR

(2) THE ADMINISTRATOR OF A HOSPITAL OR A PERSON DESIGNATED
BY THE ADMINISTRATOR IN ACCORDANCE WITH HOSPITAL POLICY.

(K) (1) "HEALTH CARE PROVIDER" MEANS A HEALTH CARE PRACTITIONER
OR A FACILITY THAT PROVIDES HEALTH CARE TO INDIVIDUALS.

(2) "HEALTH CARE PROVIDER" INCLUDES AGENTS OR EMPLOYEES OF A
HEALTH CARE PRACTITIONER OR A FACILITY THAT PROVIDES HEALTH CARE TO
INDIVIDUALS.

(L) (1) "INCAPABLE OF MAKING AN INFORMED DECISION" MEANS THE
INABILITY OF AN ADULT PATIENT TO MAKE AN INFORMED DECISION ABOUT THE
PROVISION, WITHHOLDING, OR WITHDRAWAL OF A SPECIFIC MEDICAL TREATMENT
OR COURSE OF TREATMENT BECAUSE THE PATIENT IS UNABLE TO UNDERSTAND
THE NATURE, EXTENT, OR PROBABLE CONSEQUENCES OF THE PROPOSED
TREATMENT OR COURSE OF TREATMENT, IS UNABLE TO MAKE A RATIONAL
EVALUATION OF THE BURDENS, RISKS, AND BENEFITS OF THE TREATMENT OR
COURSE OF TREATMENT, OR IS UNABLE TO COMMUNICATE A DECISION.

(2) FOR THE PURPOSES OF THIS SUBTITLE, A COMPETENT INDIVIDUAL
WHO IS ABLE TO COMMUNICATE BY MEANS OTHER THAN SPEECH MAY NOT BE
CONSIDERED INCAPABLE OF MAKING AN INFORMED DECISION.

(M) (1) "LIFE-SUSTAINING PROCEDURE" MEANS ANY MEDICAL
PROCEDURE, TREATMENT, OR INTERVENTION THAT:

(I) UTILIZES MECHANICAL OR OTHER ARTIFICIAL MEANS TO
SUSTAIN, RESTORE, OR SUPPLANT A SPONTANEOUS VITAL FUNCTION; AND

(II) IS OF SUCH A NATURE AS TO AFFORD A PATIENT NO
REASONABLE EXPECTATION OF RECOVERY FROM A TERMINAL CONDITION,
PERSISTENT VEGETATIVE STATE, OR END-STAGE CONDITION.

(2) "LIFE-SUSTAINING PROCEDURE" INCLUDES ARTIFICIALLY
ADMINISTERED HYDRATION AND NUTRITION, AND CARDIOPULMONARY
RESUSCITATION.

- 2041 -