Ch. 196 1997 LAWS OF MARYLAND

5-609.

(a) (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) A person who authorizes the provision, withholding, or withdrawal of
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

(2) Liability for the cost of treatment solely on the basis of that
authorization.

(c) (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 provision,
withholding, or withdrawal of 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) An advance directive made in accordance with this subtitle shall be presumed
to have been made voluntarily by a competent individual. Authorization for the provision,
withholding or withdrawal of life-sustaining procedures in accordance with this subtitle
shall be presumed to have been made in good faith.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1997.

Approved April 29, 1997.

CHAPTER 196
(Senate Bill 678)

AN ACT concerning

Baltimore City - Grace Outreach Center Loan of 1995

FOR the purpose of amending Chapter 197 of the Acts of the General Assembly of 1995,
the Baltimore City - Grace Outreach Center Loan of 1995, to extend the time by
which the grantee shall provide evidence of a matching fund.

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