WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(C)     SIGNATURE AND WITNESS REQUIREMENTS. -

(1)     A WRITTEN ADVANCE DIRECTIVE SHALL BE DATED, SIGNED BY OR
AT THE EXPRESS DIRECTION OF THE DECLARANT. AND SUBSCRIBED BY TWO
WITNESSES.

(2)     (I) EXCEPT AS PROVIDED IN ITEMS (II) AND (III) OF THIS
PARAGRAPH. ANY COMPETENT INDIVIDUAL MAY SERVE AS A WITNESS TO AN
ADVANCE DIRECTIVE, INCLUDING AN EMPLOYEE OF A HEALTH CARE FACILITY OR
PHYSICIAN CARING FOR THE DECLARANT IF ACTING IN GOOD FAITH.

(II)     THE HEALTH CARE AGENT OF THE DECLARANT MAY NOT
SERVE AS A WITNESS.

(III)   AT LEAST ONE OF THE WITNESSES MUST BE AN INDIVIDUAL
WHO IS NOT KNOWINGLY ENTITLED TO ANY PORTION OF THE ESTATE OF THE
DECLARANT OR KNOWINGLY ENTITLED TO ANY FINANCIAL BENEFIT BY REASON OF
THE DEATH OF THE DECLARANT.

(D)     ORAL DIRECTIVE. - ANY COMPETENT INDIVIDUAL MAY MAKE AN ORAL
ADVANCE DIRECTIVE TO AUTHORIZE THE PROVIDING, WITHHOLDING, OR
WITHDRAWING OF ANY LIFE-SUSTAINING PROCEDURE OR TO APPOINT AN AGENT
TO MAKE HEALTH CARE DECISIONS FOR THE INDIVIDUAL. AN ORAL ADVANCE
DIRECTIVE SHALL HAVE THE SAME EFFECT AS A WRITTEN ADVANCE DIRECTIVE IF
MADE IN THE PRESENCE OF THE ATTENDING PHYSICIAN AND ONE WITNESS AND
DOCUMENTED AS PART OF THE INDIVIDUAL'S MEDICAL RECORD. THE
DOCUMENTATION SHALL BE DATED AND SIGNED BY THE ATTENDING PHYSICIAN
AND THE WITNESS.

(E)     EFFECTIVENESS OF ADVANCE DIRECTIVE. -

(1) UNLESS OTHERWISE PROVIDED IN THE DOCUMENT, AN ADVANCE
DIRECTIVE SHALL BECOME EFFECTIVE WHEN THE DECLARANT'S ATTENDING
PHYSICIAN AND A SECOND PHYSICIAN CERTIFY IN WRITING THAT THE PATIENT IS
INCAPABLE OF MAKING AN INFORMED DECISION.

(2) IF A PATIENT IS UNCONSCIOUS, OR UNABLE TO COMMUNICATE BY
ANY MEANS, THE CERTIFICATION OF A SECOND PHYSICIAN IS NOT REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(F)     NOTICE TO PHYSICIAN. -

(1)     IT SHALL BE THE RESPONSIBILITY OF THE DECLARANT TO NOTIFY
THE ATTENDING PHYSICIAN THAT AN ADVANCE DIRECTIVE HAS BEEN MADE. IN
THE EVENT THE DECLARANT BECOMES COMATOSE, INCOMPETENT, OR OTHERWISE
INCAPABLE OF COMMUNICATION, ANY OTHER PERSON MAY NOTIFY THE PHYSICIAN
OF THE EXISTENCE OF AN ADVANCE DIRECTIVE.

(2)     AN ATTENDING PHYSICIAN WHO IS NOTIFIED OF THE EXISTENCE OF
THE ADVANCE DIRECTIVE SHALL PROMPTLY:

- 2043 -