WILLIAM DONALD SCHAEFER, Governor                           S.B. 664

WHEREAS, It is the intent of the General Assembly that this Act advance the
interests and wishes of the individuals whose life and health may be affected by its
provisions, not the interests and wishes of others, including those who are granted
authority under this Act to act on behalf of an individual; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 5-601 through 5-614, inclusive, and the subtitle "Subtitle
6. Life-Sustaining Procedures"; and 20-107 of Article - Health - General of the
Annotated Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Health - General

SUBTITLE 6. HEALTH CARE DECISION ACT
5-601. DEFINITIONS.

(A)     IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(B)      "ADVANCE DIRECTIVE" MEANS:

(1)      A WITNESSED OR NOTARIZED WRITTEN DOCUMENT, VOLUNTARILY
EXECUTED BY THE DECLARANT IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS SUBTITLE; OR

(2)      A WITNESSED ORAL STATEMENT, MADE BY THE DECLARANT IN
ACCORDANCE WITH THE PROVISIONS OF THIS SUBTITLE.

(C)      "AGENT" MEANS AN ADULT APPOINTED BY THE DECLARANT UNDER AN
ADVANCE DIRECTIVE MADE IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBTITLE TO MAKE HEALTH CARE DECISIONS FOR THE DECLARANT.

(D)     "ATTENDING PHYSICIAN" MEANS THE PHYSICIAN WHO HAS PRIMARY
RESPONSIBILITY FOR THE TREATMENT AND CARE OF THE PATIENT.

(E)     "BEST INTEREST" MEANS THAT THE BENEFITS TO THE PATIENT
INDIVIDUAL RESULTING FROM A DECISION ABOUT TREATMENT OUTWEIGH THE
BURDENS TO THE PATIENT INDIVIDUAL RESULTING FROM THAT DECISION
TREATMENT, TAKING INTO ACCOUNT:

(1)      THE EFFECT OF THE MEDICAL CONDITION OF THE PATIENT
TREATMENT ON THE PHYSICAL, EMOTIONAL, AND COGNITIVE FUNCTIONS OF THE
PATIENT INDIVIDUAL;

(2)      THE DEGREE OF PHYSICAL PAIN OR DISCOMFORT RESULTING FROM
THE MEDICAL CONDITION OF CAUSED TO THE PATIENT INDIVIDUAL, BY THE
TREATMENT, OR THE WITHHOLDING OR WITHDRAWAL OF THE TREATMENT;

- 3297 -