Ch. 372

1993 LAWS OF MARYLAND

(II)     EXPRESSED PREFERENCES REGARDING THE PROVISION OF,
OR THE WITHHOLDING OR WITHDRAWAL OF, THE SPECIFIC TREATMENT AT ISSUE
OR OF SIMILAR TREATMENTS;

(III)    RELEVANT RELIGIOUS AND MORAL BELIEFS AND PERSONAL
VALUES;

(IV)    BEHAVIOR, ATTITUDES, AND PAST CONDUCT WITH RESPECT
TO THE TREATMENT AT ISSUE AND MEDICAL TREATMENT GENERALLY;

(V)     REACTIONS TO THE PROVISION OF, OR THE WITHHOLDING OR
WITHDRAWAL OF, A SIMILAR TREATMENT FOR ANOTHER INDIVIDUAL; AND

(VI)    EXPRESSED CONCERNS ABOUT THE EFFECT ON THE FAMILY
OR INTIMATE FRIENDS OF THE PATIENT IF A' TREATMENT WERE PROVIDED,
WITHHELD, OR WITHDRAWN.

(3) THE DECISION OF A SURROGATE REGARDING WHETHER
LIFE-SUSTAINING PROCEDURES SHOULD BE PROVIDED, WITHHELD, OR
WITHDRAWN SHALL NOT BE BASED, IN WHOLE OR IN PART, ON EITHER A PATIENT'S
PREEXISTING, LONG-TERM MENTAL OR PHYSICAL DISABILITY, OR A PATIENT'S
ECONOMIC DISADVANTAGE.

(4) A SURROGATE SHALL INFORM THE PATIENT, TO THE EXTENT
POSSIBLE, OF THE PROPOSED PROCEDURE AND THE FACT THAT SOMEONE ELSE IS
AUTHORIZED TO MAKE A DECISION REGARDING THAT PROCEDURE.

(D) EXCLUSIONS. - A SURROGATE MAY NOT AUTHORIZE:

(1) STERILIZATION; OR

(2) TREATMENT FOR A MENTAL DISORDER.

5-606. CERTIFICATIONS BY PHYSICIANS.

(A) CERTIFICATION OF INCAPACITY. -

(1) PRIOR TO PROVIDING, WITHHOLDING, OR WITHDRAWING
TREATMENT FOR WHICH AUTHORIZATION HAS BEEN OBTAINED OR WILL BE
SOUGHT UNDER THIS SUBTITLE, THE ATTENDING PHYSICIAN AND A SECOND
PHYSICIAN, ONE OF WHOM SHALL HAVE EXAMINED THE PATIENT WITHIN 2 HOURS
BEFORE MAKING THE CERTIFICATION, SHALL CERTIFY IN WRITING THAT THE
PATIENT IS INCAPABLE OF MAKING AN INFORMED DECISION REGARDING THE
TREATMENT. THE CERTIFICATION SHALL BE BASED ON A PERSONAL EXAMINATION
OF THE PATIENT.

(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.

(3) WHEN AUTHORIZATION IS SOUGHT FOR TREATMENT OF A MENTAL
ILLNESS, THE SECOND PHYSICIAN MAY NOT BE OTHERWISE CURRENTLY INVOLVED
IN THE TREATMENT OF THE PERSON ASSESSED.

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