Ch. 372                                     1993 LAWS OF MARYLAND

(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, A PATIENT'S ATTENDING PHYSICIAN MAY WITHHOLD OR WITHDRAW
AS MEDICALLY INEFFECTIVE A TREATMENT THAT UNDER GENERALLY ACCEPTED
MEDICAL PRACTICES IS LIFE-SUSTAINING IN NATURE ONLY IF THE PATIENT'S
ATTENDING PHYSICIAN AND A SECOND PHYSICIAN CERTIFY IN WRITING THAT THE
TREATMENT IS MEDICALLY INEFFECTIVE AND THE ATTENDING PHYSICIAN
INFORMS THE PATIENT OR THE PATIENT'S AGENT OR SURROGATE OF THE
PHYSICIAN'S DECISION.

(II) IF THE PATIENT IS BEING TREATED IN THE EMERGENCY
DEPARTMENT OF A HOSPITAL AND ONLY ONE PHYSICIAN IS AVAILABLE, THE
CERTIFICATION OF A SECOND PHYSICIAN IS NOT REQUIRED.

(C)     NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO CONDONE,
AUTHORIZE, OR APPROVE MERCY KILLING OR EUTHANASIA, OR TO PERMIT ANY
AFFIRMATIVE OR DELIBERATE ACT OR OMISSION TO END LIFE OTHER THAN TO
PERMIT THE NATURAL PROCESS OF DYING.

(D)     A HEALTH CARE PROVIDER SHALL MAKE REASONABLE EFFORTS TO
PROVIDE AN INDIVIDUAL WITH FOOD AND WATER BY MOUTH AND TO ASSIST THE
INDIVIDUAL AS NEEDED TO EAT AND DRINK VOLUNTARILY:

(E)     (I) NOTHING IN THIS SUBTITLE IS INTENDED TO PRECLUDE A
SEPARATE DECISION BY A HEALTH CARE AGENT OR SURROGATE REGARDING THE
PROVISION OF OR THE WITHHOLDING OR WITHDRAWAL OF NUTRIENTS AND
FLUIDS ADMINISTERED BY ARTIFICIAL MEANS.

(2) NOTHING IN THIS SUBTITLE AUTHORIZES ANY ACTION WITH
RESPECT TO MEDICAL TREATMENT, IF THE HEALTH CARE PROVIDER IS AWARE
THAT THE PATIENT FOR WHOM THE HEALTH CARE IS PROVIDED HAS EXPRESSED
DISAGREEMENT WITH THE ACTION.

5-612. PETITION BY HEALTH CARE PROVIDER; COURT ACTION.

(A) (1) A HEALTH CARE PROVIDER FOR AN INDIVIDUAL INCAPABLE OF
MAKING AN INFORMED DECISION WHO BELIEVES THAT AN INSTRUCTION TO
WITHHOLD OR WITHDRAW A LIFE-SUSTAINING PROCEDURE FROM THE PATIENT IS
INCONSISTENT WITH GENERALLY ACCEPTED STANDARDS OF PATIENT CARE SHALL:

(I) PETITION A PATIENT CARE ADVISORY COMMITTEE FOR
ADVICE CONCERNING THE WITHHOLDING OR WITHDRAWAL OF THE
LIFE-SUSTAINING PROCEDURE FROM THE PATIENT IF THE PATIENT IS IN A
HOSPITAL OR RELATED INSTITUTION; OR

(II) FILE A PETITION IN A COURT OF COMPETENT JURISDICTION
SEEKING INJUNCTIVE OR OTHER RELIEF RELATING TO THE WITHHOLDING OR
WITHDRAWAL OF THE LIFE-SUSTAINING PROCEDURE FROM THE PATIENT.

(2) IN REVIEWING A PETITION FILED UNDER SUBSECTION (A)(2) OF THIS
SECTION, THE COURT SHALL FOLLOW THE STANDARDS SET FORTH IN §§ 13-711
THROUGH 13-713 OF THE ESTATES AND TRUSTS ARTICLE.

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