WILLIAM DONALD SCHAEFER, Governor                           S.B. 664

PART III. LIFE-SUSTAINING PROCEDURES
13-711. DEFINITIONS.

(A)     IN THIS PART HI OF THIS SUBTITLE THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(B)     "BEST INTEREST" MEANS THAT THE BENEFITS TO THE DISABLED PERSON
RESULTING FROM A DECISION ABOUT A MEDICAL TREATMENT OUTWEIGH THE
BURDENS TO THE DISABLED PERSON RESULTING FROM THAT DECISION
TREATMENT, TAKING INTO ACCOUNT:

(1) THE EFFECT OF THE MEDICAL CONDITION TREATMENT OF THE
DISABLED PERSON ON THE PHYSICAL. EMOTIONAL, AND COGNITIVE FUNCTIONS OF
THE DISABLED PERSON;

(2) THE DEGREE OF PHYSICAL PAIN OR DISCOMFORT RESULTING FROM
THE MEDICAL CONDITION OF CAUSED TO THE DISABLED PERSON, BY THE MEDICAL
TREATMENT; OR THE WITHHOLDING OR WITHDRAWAL OF THE TREATMENT;

(3) THE DEGREE TO WHICH THE DISABLED PERSON'S MEDICAL
CONDITION, THE TREATMENT, OR THE WITHHOLDING OR WITHDRAWAL OF
TREATMENT, RESULT IN A SEVERE AND CONTINUING IMPAIRMENT OF THE DIGNITY
OF THE DISABLED PERSON BY SUBJECTING THE DISABLED PERSON TO A CONDITION
OF EXTREME HUMILIATION AND DEPENDENCY:

(4) THE EFFECT OF THE MEDICAL CONDITION TREATMENT OF THE
DISABLED PERSON ON THE LIFE EXPECTANCY OF THE DISABLED PERSON;

(5) THE PROGNOSIS OF THE DISABLED PERSON FOR RECOVERY, WITH
AND WITHOUT THE TREATMENT;

(6) THE RISKS, SIDE EFFECTS, AND BENEFITS OF EACH LIKELY RISKS
AND SIDE EFFECTS RISKS, SIDE EFFECTS, AND BENEFITS OF THE TREATMENT OPTION,
OR THE WITHHOLDING OR WITHDRAWAL OF THE TREATMENT; AND

(7) THE RELIGIOUS BELIEFS AND. BASIC VALUES OF THE PATIENT
RECEIVING TREATMENT, TO THE EXTENT THESE MAY ASSIST THE DECISION MAKER
IN DETERMINING BEST INTEREST.

(C) "LIFE-SUSTAINING PROCEDURE" MEANS ANY MEDICAL PROCEDURE,
TREATMENT, OR INTERVENTION USED TO SUSTAIN, RESTORE, SUPPLEMENT, OR
SUPPLANT A SPONTANEOUS VITAL FUNCTION IN ORDER TO PREVENT OR POSTPONE
THE DEATH OF A DISABLED PERSON.

(D) "SUBSTITUTED JUDGMENT" MEANS A DETERMINATION BY A COURT
THAT A DISABLED PERSON WOULD, IF COMPETENT, MAKE THE SAME HEALTH CARE
DECISION REGARDING A LIFE-SUSTAINING PROCEDURE TAKING INTO ACCOUNT
ANY INFORMATION THAT MAY BE RELEVANT TO THE DECISION, INCLUDING:

(1) THE CURRENT DIAGNOSIS, PROGNOSIS WITH AND WITHOUT THE
LIFE-SUSTAINING PROCEDURE, AND LIFE EXPECTANCY OF THE DISABLED PERSON;

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