WILLIAM DONALD SCHAEFER, Governor

S.B. 664

(2) FOR WHICH, TO A REASONABLE DEGREE OF MEDICAL CERTAINTY,
TREATMENT WOULD BE MEDICALLY INEFFECTIVE.

(1) THAT HAS CAUSED SEVERE AND PERMANENT DETERIORATION
INDICATED BY INCOMPETENCY AND COMPLETE PHYSICAL DEPENDENCY; AND

(2) FOR WHICH, TO A REASONABLE DEGREE OF MEDICAL CERTAINTY,
TREATMENT OF THE IRREVERSIBLE CONDITION WOULD BE MEDICALLY INEFFECTIVE.

(H) (J) "HEALTH CARE PRACTITIONER" MEANS:

(1)      AN INDIVIDUAL LICENSED OR CERTIFIED UNDER THE HEALTH
OCCUPATIONS ARTICLE TO PROVIDE HEALTH CARE; OR

(2)   . THE ADMINISTRATOR OF A HOSPITAL OR A PERSON DESIGNATED BY
THE ADMINISTRATOR IN ACCORDANCE WITH HOSPITAL POLICY.

(I) (K) (1) "HEALTH CARE PROVIDER" MEANS A HEALTH CARE
PRACTITIONER OR A FACILITY THAT PROVIDES HEALTH CARE TO INDIVIDUALS.

(2) "HEALTH CARE PROVIDER" INCLUDES AGENTS OR EMPLOYEES OF
A HEALTH CARE PRACTITIONER OR A FACILITY THAT PROVIDES HEALTH CARE TO
INDIVIDUALS.

(J) (L) (1) "INCAPABLE OF MAKING AN INFORMED DECISION" MEANS
THE INABILITY OF AN ADULT PATIENT TO MAKE AN INFORMED DECISION ABOUT
PROVIDING THE PROVISION, WITHHOLDING, OR WITHDRAWING WITHDRAWAL OF A
SPECIFIC MEDICAL TREATMENT OR COURSE OF TREATMENT BECAUSE THE PATIENT
IS UNABLE TO UNDERSTAND THE NATURE, EXTENT, OR PROBABLE CONSEQUENCES
OF THE PROPOSED MEDICAL DECISION TREATMENT OR COURSE OF TREATMENT, 75
IS UNABLE TO MAKE A RATIONAL EVALUATION OF THE BURDENS, RISKS AND
BENEFITS OF ALTERNATIVES TO THAT DECISION THE TREATMENT OR COURSE OF
TREATMENT, OR IS IS UNABLE TO COMMUNICATE THAT A DECISION.

(2) FOR THE PURPOSES OF THIS SUBTITLE, A PERSON COMPETENT
INDIVIDUAL WHO IS MENTALLY COMPETENT AND ABLE TO COMMUNICATE BY
MEANS OTHER THAN SPEECH MAY NOT BE CONSIDERED INCAPABLE OF MAKING AN
INFORMED DECISION.

(K) "INEVITABLY FATAL CONDITION" MEANS AN ADVANCED, PROGRESSIVE
CONDITION CAUSED BY INJURY, DISEASE, OR ILLNESS AS A RESULT OF WHICH AN
INDIVIDUAL:

(1) HAS ALREADY SUFFERED SEVERE DEBILITATION; AND

(2) TO A REASONABLE DEGREE OF MEDICAL PROBABILITY, WILL
SUFFER FURTHER IRREVERSIBLE DETERIORATION UNTIL A MEDICALLY
FORESEEABLE DEATH, WHETHER OR NOT LIFE SUSTAINING PROCEDURES ARE
PROVIDED.

(M) "INTERESTED PERSON" MEANS:

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