WILLIAM DONALD SCHAEFER, Governor                           S.B. 664

OUTPATIENT SETTING IN ACCORDANCE WITH PROTOCOLS ESTABLISHED BY THE
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS IN
CONJUNCTION WITH THE STATE BOARD OF PHYSICIAN QUALITY ASSURANCE.
EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE ORDERS" MAY NOT
AUTHORIZE THE WITHHOLDING OF OTHER MEDICAL INTERVENTIONS, SUCH AS
INTRAVENOUS FLUIDS, OXYGEN, OR OTHER THERAPIES DEEMED NECESSARY TO
PROVIDE COMFORT CARE OR TO ALLEVIATE PAIN.

(B) THIS SECTION DOES NOT AUTHORIZE EMERGENCY MEDICAL PERSONNEL
TO FOLLOW AN EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE ORDER"
FOR ANY PATIENT WHO, PRIOR TO CARDIAC OR RESPIRATORY ARREST, IS ABLE TO,
AND DOES, EXPRESS TO THOSE PERSONNEL THE DESIRE TO BE RESUSCITATED.

(C) THIS SECTION DOES NOT AUTHORIZE EMERGENCY MEDICAL SERVICES
PERSONNEL IN THE OUTPATIENT SETTING TO FOLLOW A "DO NOT RESUSCITATE"
ORDER THAT IS IN ANY FORM OTHER THAN:

(1) AN EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE"
ORDER DESCRIBED IN SUBSECTION (A) OF THIS SECTION;

(2)      AN ORAL EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE"
ORDER PROVIDED BY AN ON-LINE, EMERGENCY MEDICAL SERVICES MEDICAL
COMMAND AND CONTROL PHYSICIAN; OR

(3)      AN ORAL EMERGENCY MEDICAL SERVICES "DO NOT RESUSCITATE"
ORDER PROVIDED BY A PHYSICIAN, AS DEFINED IN § 5-601 OF THIS SUBTITLE, WHO
IS PHYSICALLY PRESENT ON THE SCENE WITH THE PATIENT AND THE EMERGENCY
MEDICAL SERVICES PERSONNEL IN THE OUTPATIENT SETTING.

5-607. 5-608. 5-609. IMMUNITY FROM LIABILITY; BURDEN OF PROOF; PRESUMPTION.

(A)     HEALTH PROVIDER IMMUNITY. — (1) A HEALTH CARE PROVIDER IS NOT
SUBJECT TO CRIMINAL PROSECUTION OR CIVIL LIABILITY OR DEEMED TO HAVE
ENGAGED IN UNPROFESSIONAL CONDUCT AS DETERMINED BY THE APPROPRIATE
LICENSING AUTHORITY AS A RESULT OF WITHHOLDING OR WITHDRAWING ANY
HEALTH CARE UNDER AUTHORIZATION OBTAINED IN ACCORDANCE WITH THIS
SUBTITLE.

(2) A HEALTH CARE PROVIDER PROVIDING, WITHHOLDING, OR
WITHDRAWING TREATMENT UNDER AUTHORIZATION OBTAINED UNDER THIS
SUBTITLE DOES NOT INCUR LIABILITY ARISING OUT OF ANY CLAIM TO THE EXTENT
THE CLAIM IS BASED ON LACK OF CONSENT OR AUTHORIZATION FOR THE ACTION.

(B)      HEALTH AGENT OR SURROGATE IMMUNITY. — A PERSON WHO
AUTHORIZES THE PROVIDING, WITHHOLDING, OR WITHDRAWING OF
LIFE PROLONGING LIFE-SUSTAINING PROCEDURES IN ACCORDANCE WITH A
PATIENT'S ADVANCE DIRECTIVE OR AS OTHERWISE PROVIDED IN THIS SUBTITLE IS
NOT SUBJECT TO:

(1) CRIMINAL PROSECUTION OR CIVIL LIABILITY FOR THAT ACTION; OR

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