Ch. 372 1993 LAWS OF MARYLAND
(B) THIS SECTION DOES NOT AUTHORIZE EMERGENCY MEDICAL PERSONNEL
TO FOLLOW AN EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE ORDER"
FOR ANY PATIENT WHO, PRIOR TO CARDIAC OR RESPIRATORY ARREST, IS ABLE TO,
AND DOES, EXPRESS TO THOSE PERSONNEL THE DESIRE TO BE RESUSCITATED.
(C) THIS SECTION DOES NOT AUTHORIZE EMERGENCY MEDICAL SERVICES
PERSONNEL IN THE OUTPATIENT SETTING TO FOLLOW AN EMERGENCY MEDICAL
SERVICES "DO NOT RESUSCITATE ORDER" THAT IS IN ANY FORM OTHER THAN:
(1) AN EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE
ORDER" DESCRIBED IN SUBSECTION (A) OF THIS SECTION;
(2) AN ORAL EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE
ORDER" PROVIDED BY AN ON-LINE, EMERGENCY MEDICAL SERVICES MEDICAL
COMMAND AND CONTROL PHYSICIAN; OR
(3) AN ORAL EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE
ORDER" PROVIDED BY A PHYSICIAN, AS DEFINED IN § 5-601 OF THIS SUBTITLE, WHO
IS PHYSICALLY PRESENT ON THE SCENE WITH THE PATIENT AND THE EMERGENCY
MEDICAL SERVICES PERSONNEL IN THE OUTPATIENT SETTING.
5-609. IMMUNITY FROM LIABILITY; BURDEN OF PROOF; PRESUMPTION.
(A) HEALTH PROVIDER IMMUNITY. -
(I) A HEALTH CARE PROVIDER IS NOT SUBJECT TO CRIMINAL
PROSECUTION OR CIVIL LIABILITY OR DEEMED TO HAVE ENGAGED IN
UNPROFESSIONAL CONDUCT AS DETERMINED BY THE APPROPRIATE LICENSING
AUTHORITY AS A RESULT OF WITHHOLDING OR WITHDRAWING ANY HEALTH CARE
UNDER AUTHORIZATION OBTAINED IN ACCORDANCE WITH THIS SUBTITLE.
(2) A HEALTH CARE PROVIDER PROVIDING, WITHHOLDING, OR
WITHDRAWING TREATMENT UNDER AUTHORIZATION OBTAINED UNDER THIS
SUBTITLE DOES NOT INCUR LIABILITY ARISING OUT OF ANY CLAIM TO THE EXTENT
THE CLAIM IS BASED ON LACK OF CONSENT OR AUTHORIZATION FOR THE ACTION.
(B) HEALTH AGENT OR SURROGATE IMMUNITY. - A PERSON WHO
AUTHORIZES THE PROVISION, WITHHOLDING, OR WITHDRAWAL OF
LIFE-SUSTAINING PROCEDURES IN ACCORDANCE WITH A PATIENT'S ADVANCE
DIRECTIVE OR AS OTHERWISE PROVIDED IN THIS SUBTITLE IS NOT SUBJECT TO:
(1) CRIMINAL PROSECUTION OR CIVIL LIABILITY FOR THAT ACTION; OR
(2) LIABILITY FOR THE COST OF TREATMENT SOLELY ON THE BASIS OF
THAT AUTHORIZATION.
(C) GOOD FAITH. -
(1) THE PROVISIONS OF THIS SECTION SHALL APPLY UNLESS IT IS
SHOWN BY A PREPONDERANCE OF THE EVIDENCE THAT THE PERSON AUTHORIZING
OR EFFECTUATING THE PROVISION, WITHHOLDING, OR WITHDRAWAL OF
LIFE-SUSTAINING PROCEDURES IN ACCORDANCE WITH THIS SUBTITLE DID NOT, IN
GOOD FAITH, COMPLY WITH THE PROVISIONS OF THIS SUBTITLE.
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