WILLIAM DONALD SCHAEFER, Governor                            Ch. 372

(2) THE DISTRIBUTION TO PATIENTS OF WRITTEN ADVANCE
DIRECTIVES IN A FORM PROVIDED IN THIS SUBTITLE AND ASSISTANCE TO PATIENTS
IN THE COMPLETION AND EXECUTION OF SUCH FORMS DOES NOT CONSTITUTE THE
UNAUTHORIZED PRACTICE OF LAW.

(D) PRESUMPTIONS. - AN ADVANCE DIRECTIVE MADE IN ACCORDANCE WITH
THIS SUBTITLE SHALL BE PRESUMED TO HAVE BEEN MADE VOLUNTARILY BY A
COMPETENT INDIVIDUAL. AUTHORIZATION FOR THE PROVISION, WITHHOLDING OR
WITHDRAWAL OF LIFE-SUSTAINING PROCEDURES IN ACCORDANCE WITH THIS
SUBTITLE SHALL BE PRESUMED TO HAVE BEEN MADE IN GOOD FAITH.

5-610. WILLFUL DESTRUCTION, CONCEALMENT, DAMAGE, ETC., OF DECLARATION
OR REVOCATION; PENALTIES.

(A)     ANY PERSON WHO WILLFULLY CONCEALS, CANCELS, DEFACES,
OBLITERATES, OR DAMAGES THE ADVANCE DIRECTIVE OF ANOTHER WITHOUT THE
DECLARANT'S OR PATIENT'S CONSENT OR WHO FALSIFIES OR FORGES A
REVOCATION OF THE ADVANCE DIRECTIVE OF ANOTHER, THEREBY CAUSING
LIFE-SUSTAINING PROCEDURES TO BE UTILIZED IN CONTRAVENTION OF THE
PREVIOUSLY EXPRESSED INTENT OF THE PATIENT, SHALL BE GUILTY OF A
MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $10,000
OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

(B)     ANY PERSON WHO FALSIFIES OR FORGES THE ADVANCE DIRECTIVE OF
ANOTHER, OR FALSIFIES OR FORGES AN AFFIDAVIT UNDER § 5-605 OF THIS
SUBTITLE, OR WILLFULLY CONCEALS OR WITHHOLDS PERSONAL KNOWLEDGE OF
THE REVOCATION OF AN ADVANCE DIRECTIVE WITH THE INTENT TO CAUSE A
WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING PROCEDURES, CONTRARY
TO THE WISHES OF THE DECLARANT AND THEREBY, BECAUSE OF SUCH ACT,
DIRECTLY CAUSES LIFE-SUSTAINING PROCEDURES TO BE WITHHELD OR
WITHDRAWN AND DEATH TO BE HASTENED, SHALL BE GUILTY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $10,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

(C)     THE PENALTIES PROVIDED IN THIS SECTION SHALL BE IN ADDITION TO
ANY OTHER PENALTIES PROVIDED BY LAW.

5-611. MEDICALLY UNNECESSARY INEFFECTIVE TREATMENT NOT REQUIRED;
MERCY KILLING OR EUTHANASIA PROHIBITED; CONSTRUCTION OF SUBTITLE.

(A)     EXCEPT AS PROVIDED IN § 5-613(A)(3) OF THIS SUBTITLE, NOTHING IN
THIS SUBTITLE MAY BE CONSTRUED TO REQUIRE A PHYSICIAN TO PRESCRIBE OR
RENDER MEDICAL TREATMENT TO A PATIENT THAT THE PHYSICIAN DETERMINES
TO BE ETHICALLY INAPPROPRIATE.

(B)      (1) EXCEPT AS PROVIDED IN § 5-613(A)(3) OF THIS SUBTITLE, NOTHING
IN THIS SUBTITLE MAY BE CONSTRUED TO REQUIRE A PHYSICIAN TO PRESCRIBE OR
RENDER MEDICALLY INEFFECTIVE TREATMENT.

- 2055 -