S.B. 664

VETOES

(2) LIABILITY FOR THE COST OF TREATMENT SOLELY ON THE BASIS OF
THAT AUTHORIZATION.

(C)      GOOD FAITH. — (1) THE PROVISIONS OF THIS SECTION SHALL APPLY
UNLESS IT IS SHOWN BY A PREPONDERANCE OF THE EVIDENCE THAT THE PERSON
AUTHORIZING OR EFFECTUATING THE WITHHOLDING OR WITHDRAWING
WITHDRAWAL OF LIFE PROLONGING LIFE-SUSTAINING PROCEDURES IN
ACCORDANCE WITH THIS SUBTITLE DID NOT, IN GOOD FAITH, COMPLY WITH THE
PROVISIONS OF THIS SUBTITLE.

(2) THE DISTRIBUTION TO PATIENTS OF WRITTEN ADVANCE
DIRECTIVES IN A FORM PROVIDED IN THIS SUBTITLE AND ASSISTANCE TO PATIENTS
IN THE COMPLETION AND EXECUTION OF SUCH FORMS DOES NOT CONSTITUTE THE
UNAUTHORIZED PRACTICE OF LAW.

(D)     PRESUMPTIONS. — AN ADVANCE DIRECTIVE MADE IN ACCORDANCE
WITH THIS SUBTITLE SHALL BE PRESUMED TO HAVE BEEN MADE VOLUNTARILY BY
A COMPETENT INDIVIDUAL. AUTHORIZATION FOR THE PROVIDING, WITHHOLDING,
OR WITHDRAWING WITHDRAWAL OF LIFE PROLONGING LIFE-SUSTAINING
PROCEDURES IN ACCORDANCE WITH THIS SUBTITLE SHALL BE PRESUMED TO HAVE
BEEN MADE IN GOOD FAITH.

5-608. 5-609. 5-610. WILLFUL DESTRUCTION, CONCEALMENT, DAMAGE, ETC., OF
DECLARATION OR REVOCATION; PENALTIES.

(A)     ANY PERSON WHO WILLFULLY CONCEALS, CANCELS, DEFACES,
OBLITERATES, OR DAMAGES THE ADVANCE DIRECTIVE OF ANOTHER WITHOUT THE
DECLARANT'S OR PATIENT'S CONSENT OR WHO FALSIFIES OR FORGES A
REVOCATION OF THE ADVANCE DIRECTIVE OF ANOTHER, THEREBY CAUSING
LIFE PROLONGING LIFE-SUSTAINING PROCEDURES TO BE UTILIZED IN
CONTRAVENTION OF THE PREVIOUSLY EXPRESSED INTENT OF THE PATIENT, SHALL
BE GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE NOT

EXCEEDING $1,000 $10,000 OR IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

(B)      ANY PERSON WHO FALSIFIES OR FORGES THE ADVANCE DIRECTIVE OF
ANOTHER, OR FALSIFIES OR FORGES AN AFFIDAVIT UNDER § 5-605 OF THIS SUBTITLE,
OR WILLFULLY CONCEALS OR WITHHOLDS PERSONAL KNOWLEDGE OF THE
REVOCATION OF AN ADVANCE DIRECTIVE WITH THE INTENT TO CAUSE A
WITHHOLDING OR WITHDRAWING WITHDRAWAL OF LIFE PROLONGING
LIFE-SUSTAINING PROCEDURES, CONTRARY TO THE WISHES OF THE DECLARANT
AND THEREBY, BECAUSE OF SUCH ACT, DIRECTLY CAUSES LIFE PROLONGING
LIFE-SUSTAINING PROCEDURES TO BE WITHHELD OR WITHDRAWN AND DEATH TO
BE HASTENED, SHALL BE GUILTY OF A MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO A FINE NOT EXCEEDING $1,000 $10,000 OR IMPRISONMENT NOT
EXCEEDING 1 YEAR OR BOTH.

(C)     THE PENALTIES PROVIDED IN THIS SECTION SHALL BE IN ADDITION TO
ANY OTHER PENALTIES PROVIDED BY LAW.

5-609. 5-610. 5-611. MEDICALLY UNNECESSARY INEFFECTIVE TREATMENT NOT
REQUIRED; MERCY KILLING OR EUTHANASIA PROHIBITED.

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