WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(3)     A FRIEND OR OTHER RELATIVE MAY MAKE DECISIONS ABOUT
HEALTH CARE FOR A PATIENT UNDER PARAGRAPH (2) OF THIS SUBSECTION IF THE
PERSON:

(I) IS A COMPETENT INDIVIDUAL; AND

(II) PRESENTS AN AFFIDAVIT TO THE ATTENDING PHYSICIAN
STATING:

1. THAT THE PERSON IS A RELATIVE OR CLOSE FRIEND OF
THE PATIENT; AND

2. SPECIFIC FACTS AND CIRCUMSTANCES DEMONSTRATING
THAT THE PERSON HAS MAINTAINED REGULAR CONTACT WITH THE PATIENT
SUFFICIENT TO BE FAMILIAR WITH THE PATIENT'S ACTIVITIES, HEALTH, AND
PERSONAL BELIEFS.

(4)     THE ATTENDING PHYSICIAN SHALL INCLUDE THE AFFIDAVIT
PRESENTED UNDER PARAGRAPH (3) OF THIS SUBSECTION IN THE PATIENT'S
MEDICAL RECORD.

(B)     DISPUTE AMONG SURROGATES.

(1)     IF PERSONS WITH EQUAL DECISION MAKING PRIORITY UNDER
SUBSECTION (A) OF THIS SECTION DISAGREE ABOUT A HEALTH CARE DECISION,
AND A PERSON WHO IS INCAPABLE OF MAKING AN INFORMED DECISION IS
RECEIVING CARE IN A HOSPITAL OR RELATED INSTITUTION, THE ATTENDING
PHYSICIAN OR AN INDIVIDUAL SPECIFIED IN SUBSECTION (A) OF THIS SECTION
SHALL REFER THE CASE TO THE INSTITUTION'S PATIENT CARE ADVISORY
COMMITTEE, AND MAY ACT IN ACCORDANCE WITH THE RECOMMENDATION OF THE
COMMITTEE OR TRANSFER THE PATIENT IN ACCORDANCE WITH THE PROVISIONS
OF § 5-613 OF THIS SUBTITLE. A PHYSICIAN WHO ACTS IN ACCORDANCE WITH THE
RECOMMENDATION OF THE COMMITTEE IS NOT SUBJECT TO LIABILITY FOR ANY
CLAIM BASED ON LACK OF CONSENT OR AUTHORIZATION FOR THE ACTION.

(2)     IF A PERSON WHO IS INCAPABLE OF MAKING AN INFORMED
DECISION IS NOT IN A HOSPITAL OR RELATED INSTITUTION, A PHYSICIAN MAY NOT
WITHHOLD OR WITHDRAW LIFE-SUSTAINING PROCEDURES IF THERE IS NOT
AGREEMENT AMONG ALL THE PERSONS IN THE SAME CLASS.

(C)  STANDARDS FOR SURROGATES.

(1)     ANY PERSON AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR
ANOTHER UNDER THIS SECTION SHALL BASE THOSE DECISIONS ON THE WISHES OF
THE PATIENT AND, IF THE WISHES OF THE PATIENT ARE UNKNOWN OR UNCLEAR,
ON THE PATIENT'S BEST INTEREST.

(2)     IN DETERMINING THE WISHES OF THE PATIENT, A SURROGATE
SHALL CONSIDER THE PATIENT'S:

(I) CURRENT DIAGNOSIS AND PROGNOSIS WITH AND WITHOUT
THE TREATMENT AT ISSUE;

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