S.B. 664

VETOES

(G) (B) CERTIFICATION OF CONDITION. — A HEALTH CARE PROVIDER
MAY NOT WITHHOLD OR WITHDRAW LIFE PROLONGING LIFE-SUSTAINING
PROCEDURES ON THE BASIS OF AN ADVANCE DIRECTIVE WHERE NO AGENT HAS
BEEN APPOINTED OR ON THE BASIS OF THE AUTHORIZATION OF A SURROGATE,

UNLESS:                             

(1)      TWO PHYSICIANS THE PATIENT'S ATTENDING PHYSICIAN AND A
SECOND PHYSICIAN HAVE CERTIFIED THAT THE PATIENT IS TERMINALLY ILL IN A
TERMINAL CONDITION OR HAS AN INEVITABLY FATAL END-STAGE CONDITION; OR

(2)       A PHYSICIAN AND TWO PHYSICIANS. ONE OF WHOM IS A
NEUROLOGIST, NEUROSURGEON, OR OTHER PHYSICIAN WHO HAS SPECIAL
EXPERTISE IN THE EVALUATION OF COGNITIVE FUNCTIONING. CERTIFY THAT THE
PATIENT IS IN A PERSISTENT VEGETATIVE STATE. .

(H) COURT ACTION.------(1) ON PETITION OF ANY PERSON THE PATIENT'S

SPOUSE. A PARENT OF THE PATIENT, OR AN ADULT CHILD, GRANDCHILD. BROTHER.
OR SISTER OF THE PATIENT TO A CIRCUIT COURT OF THE COUNTY OR CITY IN
WHICH ANY PATIENT RESIDES OR IS LOCATED FOR WHOM TREATMENT WILL BE OR
IS CURRENTLY BEING PROVIDED, WITHHELD, OR WITHDRAWN UNDER THIS
SUBTITLE, THE COURT MAY ENJOIN THAT ACTION UPON FINDING BY A
PREPONDERANCE OF THE EVIDENCE THAT' THE ACTION IS NOT LAWFULLY
AUTHORIZED BY THIS SUBTITLE OR BY OTHER STATE OR FEDERAL LAW.

(2) A PETITION ARISING UNDER THIS SUBSECTION SHALL BE GIVEN
PRIORITY BY THE COURT AND SHALL BE HEARD AND DECIDED AS EXPEDITIOUSLY
AS THE CIRCUMSTANCES REQUIRE.

5-606. 5-607. TREATMENT WITHOUT CONSENT.

A HEALTH CARE PROVIDER MAY TREAT A PATIENT WHO IS INCAPABLE OF
MAKING AN INFORMED DECISION, WITHOUT CONSENT, IF:

(1) THE TREATMENT IS OF AN EMERGENCY MEDICAL NATURE:

(2) A PERSON WHO IS AUTHORIZED TO GIVE THE CONSENT IS NOT
AVAILABLE IMMEDIATELY: AND

(3)      THE ATTENDING PHYSICIAN DETERMINES THAT:

(I)       THERE IS A SUBSTANTIAL RISK OF DEATH OR IMMEDIATE AND
SERIOUS HARM TO THE PATIENT; AND

(II)     WITH A REASONABLE DEGREE OF MEDICAL PROBABILITY, THE
LIFE OR HEALTH OF THE PATIENT WOULD BE AFFECTED ADVERSELY BY DELAYING
TREATMENT TO OBTAIN CONSENT.

5-606. 5-607. 5-608. AUTHORIZATION TO FOLLOW EMERGENCY MEDICAL SERVICES
"DO NOT RESUSCITATE ORDER" IN THE OUTPATIENT SETTING.

(A) QUALIFIED CERTIFIED EMERGENCY MEDICAL SERVICES PERSONNEL
SHALL BE DIRECTED BY PROTOCOL TO FOLLOW EMERGENCY MEDICAL SERVICES
"DO NOT RESUSCITATE ORDERS'' PERTAINING TO ADULT PATIENTS" IN THE

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