S.B. 664

VETOES

ADVANCE DIRECTIVE IF MADE IN THE PRESENCE OF THE ATTENDING PHYSICIAN
AND ONE WITNESS AND DOCUMENTED AS PART OF THE INDIVIDUAL'S MEDICAL
RECORD. THE DOCUMENTATION SHALL BE DATED AND SIGNED BY THE ATTENDING
PHYSICIAN AND THE WITNESS.

(E)     EFFECTIVENESS OF ADVANCE DIRECTIVE.

(1)      UNLESS OTHERWISE PROVIDED IN THE DOCUMENT, AN ADVANCE
DIRECTIVE SHALL BECOME EFFECTIVE WHEN THE DECLARANT'S ATTENDING
PHYSICIAN AND A SECOND PHYSICIAN CERTIFY IN WRITING THAT THE PATIENT IS
INCAPABLE OF MAKING AN INFORMED DECISION.

(2)      IF A PATIENT IS UNCONSCIOUS, OR UNABLE TO COMMUNICATE BY
ANY MEANS, THE CERTIFICATION OF A SECOND PHYSICIAN IS NOT REQUIRED
UNDER PARAGRAPH (1) OF THIS SUBSECTION.

(F)     NOTICE TO PHYSICIAN. — (1) IT SHALL BE THE RESPONSIBILITY OF THE
DECLARANT TO NOTIFY THE ATTENDING PHYSICIAN THAT AN ADVANCE DIRECTIVE
HAS BEEN MADE IN THE EVENT THE DECLARANT BECOMES COMATOSE,
INCOMPETENT, OR OTHERWISE INCAPABLE OF COMMUNICATION, ANY OTHER
PERSON MAY NOTIFY THE PHYSICIAN OF THE EXISTENCE OF AN ADVANCE
DIRECTIVE.

(2) AN ATTENDING PHYSICIAN WHO IS NOTIFIED OF THE EXISTENCE OF
THE ADVANCE DIRECTIVE SHALL PROMPTLY:

(I)      IF THE ADVANCE DIRECTIVE IS WRITTEN, MAKE THE
ADVANCE DIRECTIVE OR A COPY OF THE ADVANCE DIRECTIVE A PART OF THE
DECLARANT'S MEDICAL RECORDS; OR

(II)     IF THE ADVANCE DIRECTIVE IS ORAL, MAKE THE FACT OF THE
ADVANCE DIRECTIVE, INCLUDING THE DATE THE ADVANCE DIRECTIVE WAS MADE
AND THE NAME OF THE ATTENDING PHYSICIAN, A PART OF THE DECLARANT'S
MEDICAL RECORDS.

(G)     NOTICE TO AGENT - IT SHALL BE THE RESPONSIBILITY OF THE
DECLARANT TO NOTIFY A HEALTH CARE AGENT THAT THE AGENT HAS BEEN
NAMED IN AN ADVANCE DIRECTIVE TO ACT ON THE DECLARANT'S BEHALF.

(H) STANDARDS FOR AGENT - UNLESS OTHERWISE PROVIDED IN THE
PATIENT'S ADVANCE DIRECTIVE, A PATIENT'S AGENT SHALL ACT IN ACCORDANCE
WITH THE PROVISIONS OF § 5-605(C) OF THIS SUBTITLE.

(I) NO PRESUMPTION OF INTENT. - THE ABSENCE OF AN ADVANCE DIRECTIVE
CREATES NO PRESUMPTION AS TO THE PATIENT'S INTENT TO CONSENT TO OR REFUSE
LIFE-SUSTAINING PROCEDURES.

5-603. SUGGESTED FORM OF WRITTEN ADVANCE DIRECTIVES FORMS.

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