WILLIAM DONALD SCHAEFER, Governor                         Ch. 372

(B) ON PETITION OF THE PATIENT'S SPOUSE, A PARENT, ADULT CHILD,
GRANDCHILD, BROTHER, OR SISTER OF THE PATIENT, OR A FRIEND OR OTHER
RELATIVE WHO HAS QUALIFIED AS A SURROGATE UNDER § 5-605 OF THIS SUBTITLE
TO A CIRCUIT COURT OF THE COUNTY OR CITY IN WHICH THE PATIENT FOR WHOM
TREATMENT WILL BE OR IS CURRENTLY BEING PROVIDED, WITHHELD, OR
WITHDRAWN UNDER THIS SUBTITLE RESIDES OR IS LOCATED, THE COURT MAY
ENJOIN THAT ACTION UPON FINDING BY A PREPONDERANCE OF THE EVIDENCE
THAT THE ACTION IS NOT LAWFULLY AUTHORIZED BY THIS SUBTITLE OR BY OTHER
STATE OR FEDERAL LAW.

(C) EXCEPT FOR CASES THAT THE COURT CONSIDERS OF GREATER
IMPORTANCE, A PROCEEDING UNDER THIS SECTION, INCLUDING AN APPEAL,
SHALL:

(1)     TAKE PRECEDENCE ON THE DOCKET;

(2)     BE HEARD AT THE EARLIEST PRACTICABLE DATE; AND

(3)     BE EXPEDITED IN EVERY WAY.

5-613. TRANSFER OF PATIENT BY HEALTH CARE PROVIDER WHO REFUSES TO
COMPLY WITH ADVANCE DIRECTIVE OR TREATMENT DECISION.

(A)     A HEALTH CARE PROVIDER THAT INTENDS NOT TO COMPLY WITH AN
INSTRUCTION OF A HEALTH CARE AGENT OR A SURROGATE SHALL:

(1) INFORM THE PERSON GIVING THE INSTRUCTION THAT:

(I)      THE HEALTH CARE PROVIDER DECLINES TO CARRY OUT THE
INSTRUCTION;

(II)     THE PERSON MAY REQUEST A TRANSFER TO ANOTHER
HEALTH CARE PROVIDER; AND

(III)   THE HEALTH CARE PROVIDER WILL MAKE EVERY
REASONABLE EFFORT TO TRANSFER THE PATIENT TO ANOTHER HEALTH CARE
PROVIDER;

(2)     ASSIST IN THE TRANSFER; AND

(3)     PENDING THE TRANSFER, COMPLY WITH AN INSTRUCTION OF A
COMPETENT INDIVIDUAL, OR OF A HEALTH CARE AGENT OR SURROGATE FOR AN
INDIVIDUAL WHO IS INCAPABLE OF MAKING AN INFORMED DECISION, IF A FAILURE
TO COMPLY WITH THE INSTRUCTION WOULD LIKELY RESULT IN THE DEATH OF THE
INDIVIDUAL.

(B)     NOTHING IN THIS SECTION AUTHORIZES A HEALTH CARE PROVIDER TO
PROVIDE HEALTH CARE TO:

(1) A COMPETENT INDIVIDUAL OVER THE OBJECTION OF THAT
INDIVIDUAL; OR

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