WILLIAM DONALD SCHAEFER, Governor                           S.B. 664

(A)     EXCEPT AS PROVIDED IN § 5-612(A)(3) 5-613(A)(3) OF THIS SUBTITLE,
NOTHING IN THIS SUBTITLE SHALL MAY BE CONSTRUED TO REQUIRE A PHYSICIAN
TO PRESCRIBE OR RENDER MEDICAL TREATMENT TO A PATIENT THAT THE
PHYSICIAN DETERMINES TO BE MEDICALLY UNNECESSARY OR ETHICALLY
INAPPROPRIATE.

(B)     (1) EXCEPT AS PROVIDED IN § 5-612(A)(3) 5-613(A)(3) OF THIS SUBTITLE,
NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO REQUIRE A PHYSICIAN TO
PRESCRIBE OR RENDER MEDICALLY INEFFECTIVE TREATMENT.

(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, IF THE WITHHOLDING OR WITHDRAWAL OF MEDICALLY INEFFECTIVE
TREATMENT WOULD RESULT IN THE DEATH OF A PATIENT, A PATIENT'S ATTENDING
PHYSICIAN MAY WITHHOLD OR WITHDRAW AS MEDICALLY INEFFECTIVE A
TREATMENT THAT UNDER GENERALLY ACCEPTED MEDICAL PRACTICES IS
LIFE-SUSTAINING IN NATURE ONLY IF THE PATIENT'S ATTENDING PHYSICIAN AND
A SECOND PHYSICIAN SHALL CERTIFY IN WRITING THAT THE TREATMENT IS
MEDICALLY INEFFECTIVE AND THE ATTENDING PHYSICIAN SHALL INFORM
INFORMS THE PATIENT OR THE PATIENT'S AGENT OR SURROGATE OF THE
PHYSICIAN'S DECISION.

(II) IF THE PATIENT IS BEING TREATED IN THE EMERGENCY
DEPARTMENT OF A HOSPITAL AND ONLY ONE PHYSICIAN IS AVAILABLE, THE
CERTIFICATION OF A SECOND PHYSICIAN IS NOT REQUIRED.

(B) (C) NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO CONDONE,
AUTHORIZE, OR APPROVE MERCY KILLING OR EUTHANASIA, OR TO PERMIT ANY
AFFIRMATIVE OR DELIBERATE ACT OR OMISSION TO END LIFE OTHER THAN TO
PERMIT THE NATURAL PROCESS OF DYING.

(C) (D) A HEALTH CARE PROVIDER SHALL MAKE REASONABLE EFFORTS TO
PROVIDE AN INDIVIDUAL WITH FOOD AND WATER BY MOUTH AND TO ASSIST THE
INDIVIDUAL AS NEEDED TO EAT AND DRINK VOLUNTARILY.

(E) (1) NOTHING IN THIS SUBTITLE IS INTENDED TO PRECLUDE A
SEPARATE DECISION BY A HEALTH CARE AGENT OR SURROGATE REGARDING THE
PROVISION OF OR THE WITHHOLDING OR WITHDRAWING WITHDRAWAL OF
NUTRIENTS AND FLUIDS ADMINISTERED BY ARTIFICIAL MEANS.

(2) NOTHING IN THIS SUBTITLE AUTHORIZES ANY ACTION WITH RESPECT
TO MEDICAL TREATMENT IF THE HEALTH CARE PROVIDER IS AWARE THAT THE
PATIENT FOR WHOM THE HEALTH CARE IS PROVIDED HAS EXPRESSED DISAGREEMENT
WITH THE ACTION.

5-611. 5-612. PETITION BY HEALTH CARE PROVIDER; COURT ACTION.

(A) (1) A HEALTH CARE PROVIDER FOR AN INDIVIDUAL INCAPABLE OF
MAKING AN INFORMED DECISION WHO BELIEVES THAT AN INSTRUCTION TO
WITHHOLD OR WITHDRAW A LIFE PROLONGING LIFE-SUSTAINING PROCEDURE
FROM THE PATIENT IS INCONSISTENT WITH GENERALLY ACCEPTED STANDARDS OF
PATIENT CARE SHALL:

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