S.B. 664

VETOES

(1) (I) PETITION A PATIENT CARE ADVISORY COMMITTEE FOR

ADVICE CONCERNING THE WITHHOLDING OR WITHDRAWAL OF THE

LIFE PROLONGING LIFE-SUSTAINING PROCEDURE FROM THE PATIENT IF THE
PATIENT IS IN A HOSPITAL OR RELATED INSTITUTION; OR

(2) (II) FILE A PETITION IN A COURT OF COMPETENT JURISDICTION
SEEKING INJUNCTIVE OR OTHER RELIEF RELATING TO THE WITHHOLDING OR
WITHDRAWAL OF THE LIFE PROLONGING LIFE-SUSTAINING PROCEDURE FROM
THE PATIENT.

(B) (2) IN REVIEWING A PETITION FILED UNDER SUBSECTION (A)(2) OF THIS
SECTION, THE COURT SHALL FOLLOW THE STANDARDS SET FORTH IN §§ 13-711
THROUGH 13-713 OF THE ESTATES AND TRUSTS ARTICLE.

(B) ON PETITION OF THE PATIENT'S SPOUSE, A PARENT, ADULT CHILD,
GRANDCHILD, BROTHER, OR SISTER OF THE PATIENT, OR A FRIEND OR OTHER RELATIVE
WHO HAS QUALIFIED AS A SURROGATE UNDER § 5-605 OF THIS SUBTITLE TO A CIRCUIT
COURT OF THE COUNTY OR CITY IN WHICH THE PATIENT FOR WHOM TREATMENT WILL
BE OR IS CURRENTLY BEING PROVIDED, WITHHELD, OR WITHDRAWN UNDER THIS
SUBTITLE RESIDES OR IS LOCATED, THE COURT MAY ENJOIN THAT ACTION UPON A
FINDING BY A PREPONDERANCE OF THE EVIDENCE THAT THE ACTION IS NOT LAWFULLY
AUTHOR1ZED BY THIS SUBTITLE OR BY OTHER STATE OR FEDERAL LAW.

(C) EXCEPT FOR CASES THAT THE COURT CONSIDERS OF GREATER IMPORTANCE,
A PROCEEDING UNDER THIS SECTION, INCLUDING AN APPEAL. SHALL:

. (1) TAKE PRECEDENCE ON THE DOCKET:

(2) BE HEARD AT THE EARLIEST PRACTICABLE DATE; AND

(3) BE EXPEDITED IN EVERY WAY.

5-610. 5-612. 5-613. TRANSFER OF PATIENT BY HEALTH CARE PROVIDER WHO
REFUSES TO COMPLY WITH ADVANCE DIRECTIVE OR TREATMENT DECISION.

(A) (1) A HEALTH CARE PROVIDER WHO THAT INTENDS NOT TO COMPLY
WITH AN INSTRUCTION REGARDING THE TREATMENT DECISION OF A PERSON
DESIGNATED TO MAKE THE DECISION BY THE DECLARANT IN AN ADVANCE
DIRECTIVE, OR AUTHORIZED UNDER § 5-605(A) OF THIS SUBTITLE, OF A HEALTH
CARE AGENT OR SURROGATE SHALL;

(1) INFORM THE PERSON GIVING THE INSTRUCTION THAT:

(I)       THE HEALTH CARE PROVIDER DECLINES TO CARRY OUT THE
INSTRUCTION;

(II)  THE PERSON MAY REQUEST A TRANSFER TO ANOTHER
HEALTH CARE PROVIDER; AND

(III)    THE HEALTH CARE PROVIDER WILL MAKE EVERY
REASONABLE EFFORT TO TRANSFER THE PATIENT TO ANOTHER HEALTH CARE
PROVIDER.;

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