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Session Laws, 1999
Volume 796, Page 3814   View pdf image
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SUBTITLE 6 OF THE HEALTH - GENERAL ARTICLE OR IN ACCORDANCE WITH
REASONABLE MEDICAL PRACTICE IS NOT IN VIOLATION OF SUBSECTION (B) OF THIS
SECTION.

(3) THIS SUBSECTION MAY NOT BE CONSTRUED TO AFFECT THE DUTY,
CARE, OR LEGAL REQUIREMENTS CONCERNING ACTS OR OMISSIONS UNDER
PARAGRAPH (1) OR (2) OF THIS SUBSECTION.

(D) (1) A PERSON WITH STANDING MAY PETITION FOR INJUNCTIVE RELIEF
AGAINST A PER
SON WHO IS REASONABLY BELIEVED TO BE INTENDING TO VIOLATE
SUBSECTION (B) OF THIS SECTION.

(2) A PERSON SHALL HAVE STANDING IF THE PERSON IS:

(I) THE SPOUSE, PARENT, CHILD, OR SIBLING OF THE PERSON
WHO WOULD COMMIT SUICIDE;

(II) ENTITLED TO INHERIT FROM THE PERSON WHO WOULD
COMMIT SUICIDE;

(III) A LEGALLY APPOINTED GUARDIAN OR CONSERVATOR OF THE
PERSON WHO WOULD COMMIT SUICIDE;

(IV) ANY PERSON OR ENTITY CURRENTLY OR FORMERLY
PROVIDING HEALTH CARE TO THE PER
SON WHO WOULD COMMIT SUICIDE; OR

(V) A STATE'S ATTORNEY OR THE ATTORNEY GENERAL.

(V) INJUNCTIVE RELIEF SHALL PREVENT A PERSON FROM ASSISTING A
SUICIDE IN THE STATE.

(E) A PERSON GIVEN STANDING BY SUBSECTION (D)(2)(I) THROUGH (III) OF
THIS
SECTION, OR A PERSON WHO WOULD HAVE COMMITTED SUICIDE IN THE CASE
OF
AN ATTEMPT, MAY MAINTAIN A CAUSE OF ACTION FOR COMPENSATORY AND
PUNITIVE DAMAGES AGAINST A PERSON WHO VIOLATE
S OR ATTEMPTS TO VIOLATE
SUBSECTION (B) OF THIS
SECTION. THE PLAINTIFF MAY BRING AN ACTION UNDER
THIS
SUBSECTION WHETHER OR NOT THE PLAINTIFF HAD PRIOR KNOWLEDGE OF
THE VIOLATION OF, OR ATTEMPT TO VIOLATE,
SUBSECTION (B) OF THIS SECTION.

(F) THE COURT, IN ITS DISCRETION, MAY ALLOW THE PREVAILING PLAINTIFF
REASONABLE ATTORNEY
S FEES IN ANY ACTION OR PROCEEDING BROUGHT UNDER
SUBSECTION (D) OR (E) OF THIS SECTION.

(G) (1) THE LICENSING BOARD THAT ISSUED A LICENSE TO A LICENSED
HEALTH CARE PROFE
SSIONAL WHO ASSISTED IN A SUICIDE IN VIOLATION OF
SUBSECTION (B) OF THI
S SECTION MAY REVOKE OR SUSPEND THE LICENSE OF THAT
PER
SON UPON RECEIPT OF:

(I) A COPY OF THE COURT RECORD OF THE CRIMINAL CONVICTION
OR PLEA OF GUILTY FOR A VIOLATION OF SUBSECTION (B) OF THI
S SECTION;

 

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Session Laws, 1999
Volume 796, Page 3814   View pdf image
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