WILLIAM DONALD SCHAEFER, Governor                           S.B. 664

(I)       A GUARDIAN FOR THE PATIENT, IF ONE HAS BEEN APPOINTED;

(II)     THE PATIENT'S SPOUSE;

(III)    AN ADULT CHILD OF THE PATIENT;

(IV)    A PARENT OF THE PATIENT;

(V)     AN ADULT BROTHER OR SISTER OF THE PATIENT; OR

(VI)    A FRIEND OR OTHER RELATIVE OF THE PATIENT WHO MEETS
THE REQUIREMENTS OF PARAGRAPH (3) (3) OF THIS SUBSECTION.

(2) (3) A PERSON FRIEND OR OTHER RELATIVE MAY MAKE
DECISIONS ABOUT HEALTH CARE FOR A PATIENT AS A FRIEND OF THE PATIENT
UNDER PARAGRAPH (1) (2) OF THIS SUBSECTION IF THE PERSON:

(I)       IS A COMPETENT INDIVIDUAL; AND

(II)     PRESENTS AN AFFIDAVIT TO THE ATTENDING PHYSICIAN
STATING:

1.        THAT THE PERSON IS A RELATIVE OR CLOSE FRIEND OF

THE PATIENT; AND

2.        SPECIFIC FACTS AND CIRCUMSTANCES DEMONSTRATING
THAT THE PERSON HAS MAINTAINED REGULAR CONTACT WITH THE PATIENT
SUFFICIENT TO BE FAMILIAR WITH THE PATIENT'S ACTIVITIES, HEALTH, AND
RELIGIOUS AND MORAL PERSONAL BELIEFS.

(4) THE ATTENDING PHYSICIAN SHALL INCLUDE THE AFFIDAVIT
PRESENTED UNDER PARAGRAPH (3) OF THIS SUBSECTION IN THE PATIENT'S MEDICAL
RECORD.

(B) DISPUTE AMONG SURROGATES. — (1) IF THERE IS A DISPUTE AMONG
PERSONS WITH EQUAL DECISION MAKING PRIORITY UNDER SUBSECTION (A)(1) OF
THIS SECTION' DISAGREE ABOUT A HEALTH CARE DECISION, AND THE A
INCAPACITATED PERSON WHO IS INCAPABLE OF MAKING AN INFORMED DECISION IS
RECEIVING CARE IN A HOSPITAL OR RELATED INSTITUTION, THE ATTENDING
PHYSICIAN OR OTHER INTERESTED PERSON AN INDIVIDUAL SPECIFIED IN
SUBSECTION (A) OF THIS SECTION SHALL REFER THE CASE TO THE INSTITUTION'S
PATIENT CARE ADVISORY COMMITTEE, AND SHALL MAY ACT IN ACCORDANCE
WITH THE RECOMMENDATION OF THE COMMITTEE OR TRANSFER THE PATIENT IN
ACCORDANCE WITH THE PROVISIONS OF § 5-611 § 5-612 § 5-613 OF THIS SUBTITLE. A
PHYSICIAN WHO ACTS IN ACCORDANCE WITH THE RECOMMENDATION OF THE
COMMITTEE IS NOT SUBJECT TO LIABILITY FOR ANY CLAIM BASED ON LACK OF
CONSENT OR AUTHORIZATION FOR THE ACTION.

(2) IF THE INCAPACITATED PERSON WHO IS INCAPABLE OF MAKING AN
INFORMED DECISION IS NOT IN A HOSPITAL OR RELATED INSTITUTION, A PHYSICIAN
MAY NOT WITHHOLD OR WITHDRAW LIFE-SUSTAINING MEDICAL CARE IF THERE IS
NOT AGREEMENT AMONG ALL THE PERSONS IN THE SAME CLASS.

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