Ch. 372                                         1993 LAWS OF MARYLAND

(N) "MEDICALLY INEFFECTIVE TREATMENT" MEANS THAT, TO A
REASONABLE DEGREE OF MEDICAL PROBABILITY CERTAINTY, A MEDICAL
PROCEDURE WILL NOT:

(1)      PREVENT OR REDUCE THE DETERIORATION OF THE HEALTH OF AN
INDIVIDUAL; OR

(2)      PREVENT THE IMPENDING DEATH OF AN INDIVIDUAL.

(O) "PERSISTENT VEGETATIVE STATE" MEANS A CONDITION CAUSED BY
INJURY, DISEASE, OR ILLNESS:

(1)      IN WHICH A PATIENT HAS SUFFERED A LOSS OF CONSCIOUSNESS,
EXHIBITING NO BEHAVIORAL EVIDENCE OF SELF-AWARENESS OR AWARENESS OF
SURROUNDINGS IN A LEARNED MANNER OTHER THAN REFLEX ACTIVITY OF
MUSCLES AND NERVES FOR LOW LEVEL CONDITIONED RESPONSE; AND

(2)      FROM WHICH, AFTER THE PASSAGE OF A MEDICALLY APPROPRIATE
PERIOD OF TIME, IT CAN BE DETERMINED, TO A REASONABLE DEGREE OF MEDICAL
PROBABILITY CERTAINTY, THAT THERE CAN BE NO RECOVERY.

(P) "PHYSICIAN" MEANS A PERSON LICENSED TO PRACTICE MEDICINE IN THE
STATE OR IN THE JURISDICTION WHERE THE TREATMENT IS TO BE RENDERED OR
WITHHELD.

(Q) "TERMINAL CONDITION" MEANS AN INCURABLE CONDITION CAUSED BY
INJURY, DISEASE, OR ILLNESS WHICH, TO A REASONABLE DEGREE OF MEDICAL
PROBABILITY CERTAINTY, MAKES DEATH IMMINENT AND FROM WHICH, DESPITE
THE APPLICATION OF LIFE-SUSTAINING PROCEDURES, THERE CAN BE NO
RECOVERY.

5-602. PROCEDURE FOR MAKING ADVANCE DIRECTIVE; NOTICE TO PHYSICIAN.

(A)     WRITTEN ADVANCE DIRECTIVE. - ANY COMPETENT INDIVIDUAL MAY, AT
ANY TIME, MAKE A WRITTEN ADVANCE DIRECTIVE REGARDING THE PROVISION OF
HEALTH CARE TO THAT INDIVIDUAL, OR THE WITHHOLDING OR WITHDRAWAL OF

HEALTH CARE FROM THAT INDIVIDUAL.

(B)     APPOINTMENT OF AGENT. -

(1)      ANY COMPETENT INDIVIDUAL MAY, AT ANY TIME, MAKE A
WRITTEN ADVANCE DIRECTIVE APPOINTING AN AGENT TO MAKE HEALTH CARE
DECISIONS FOR THE INDIVIDUAL UNDER THE CIRCUMSTANCES STATED IN THE
ADVANCE DIRECTIVE.

(2)      AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTH CARE
FACILITY FROM WHICH THE DECLARANT IS RECEIVING HEALTH CARE MAY NOT
SERVE AS A HEALTH CARE AGENT UNLESS THE PERSON WOULD QUALIFY AS A
SURROGATE DECISION MAKER UNDER § 5-605(A) OF THIS SUBTITLE.

(3)      AN AGENT APPOINTED UNDER THIS SUBTITLE HAS DECISION
MAKING PRIORITY OVER ANY INDIVIDUALS OTHERWISE AUTHORIZED UNDER THIS
SUBTITLE TO MAKE HEALTH CARE DECISIONS FOR A DECLARANT.

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