WILLIAM DONALD SCHAEFER, Governor                           S.B. 664

(O) (R) (Q) "TERMINAL CONDITION" MEANS A AN INCURABLE CONDITION
CAUSED BY INJURY, DISEASE, OR ILLNESS FROM WHICH, TO A REASONABLE
DEGREE OF MEDICAL PROBABILITY, AN INDIVIDUAL CANNOT RECOVER AND THE
INDIVIDUAL'S DEATH IS IMMINENT CERTAINTY, MAKES DEATH IMMINENT AND
FROM WHICH, DESPITE THE APPLICATION OF LIFE-SUSTAINING PROCEDURES,
THERE CAN BE NO RECOVERY.

5-602. PROCEDURE FOR MAKING ADVANCE DIRECTIVE; NOTICE TO PHYSICIAN.

(A)     WRITTEN ADVANCE DIRECTIVE.—----ANY COMPETENT INDIVIDUAL MAY,

AT ANY TIME, MAKE A WRITTEN ADVANCE DIRECTIVE AUTHORIZING REGARDING
THE PROVIDING, WITHHOLDING, OR WITHDRAWING PROVISION OF ANY HEALTH
CARE TO BE PROVIDED TO THE THAT INDIVIDUAL, OR THE WITHHOLDING OR
WITHDRAWAL OF HEALTH CARE FROM THAT INDIVIDUAL.

(B)      APPOINTMENT OF AGENT.— (1) ANY COMPETENT INDIVIDUAL MAY, AT

ANY TIME, MAKE A WRITTEN ADVANCE DIRECTIVE APPOINTING AN AGENT TO
MAKE HEALTH CARE DECISIONS FOR THE INDIVIDUAL UNDER THE
CIRCUMSTANCES STATED IN THE ADVANCE DIRECTIVE.

(2)      AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTH CARE
FACILITY FROM WHICH THE DECLARANT IS RECEIVING HEALTH CARE MAY NOT
SERVE AS A HEALTH CARE AGENT UNLESS THE PERSON WOULD QUALIFY AS A
SURROGATE DECISION MAKER UNDER § 5-605(A) OF THIS SUBTITLE.

(3)      AN AGENT APPOINTED UNDER THIS SUBTITLE HAS DECISION
MAKING PRIORITY OVER ANY INDIVIDUALS OTHERWISE AUTHORIZED UNDER THIS
SUBTITLE TO MAKE HEALTH CARE DECISIONS FOR A DECLARANT.

(C)      SIGNATURE AND WITNESS REQUIREMENTS. — (1) A WRITTEN ADVANCE
DIRECTIVE SHALL BE DATED, SIGNED BY OR AT THE EXPRESS DIRECTION OF THE
DECLARANT AND SUBSCRIBED BY TWO WITNESSES OR NOTARIZED.

(2) (I) ANY COMPETENT INDIVIDUAL, EXCEPT THE HEALTH CARE
AGENT OF THE DECLARANT, EXCEPT AS PROVIDED IN ITEMS (II) AND (III) OF THIS
PARAGRAPH. ANY COMPETENT INDIVIDUAL MAY SERVE AS A WITNESS TO AN
ADVANCE DIRECTIVE, INCLUDING AN EMPLOYEE OF A HEALTH CARE FACILITY OR
PHYSICIAN CARING FOR THE DECLARANT IF ACTING IN GOOD FAITH.

(II) THE HEALTH CARE AGENT OF THE DECLARANT MAY NOT SERVE
AS A WITNESS.

(III) AT LEAST ONE OF THE WITNESSES MUST BE AN INDIVIDUAL WHO
IS NOT KNOWINGLY ENTITLED TO ANY PORTION OF THE ESTATE OF THE DECLARANT OR
KNOWINGLY ENTITLED TO ANY FINANCIAL BENEFIT BY REASON OF THE DEATH OF THE
DECLARANT.

(D)     VERBAL ORAL DIRECTIVE. — ANY COMPETENT INDIVIDUAL MAY MAKE
AN ORAL ADVANCE DIRECTIVE TO AUTHORIZE THE PROVIDING, WITHHOLDING, OR
WITHDRAWING OF ANY LIFE PROLONGING LIFE-SUSTAINING PROCEDURE OR TO
APPOINT AN AGENT TO MAKE HEALTH CARE DECISIONS FOR THE INDIVIDUAL. AN
ORAL ADVANCE DIRECTIVE SHALL HAVE THE SAME EFFECT AS A WRITTEN

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