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PARRIS N. GLENDENING, Governor
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Ch. 553
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(2) An owner, operator, or employee of a health care facility from which
the declarant is receiving health care may not serve as a health care agent unless the
person would qualify as a surrogate decision maker under § 5-605(a) of this subtitle.
(3) An agent appointed under this subtitle has decision making priority
over any individuals otherwise authorized under this subtitle to make health care
decisions for a declarant.
(c) (1) A written advance directive shall be dated, signed by or at the
express direction of the declarant, and subscribed by two witnesses.
(2) (i) Except as provided in items (ii) and (iii) of this paragraph, any
competent individual may serve as a witness to an advance directive, including an
employee of a health care facility or physician caring for the declarant if acting in
good faith.
(ii) The health care agent of the declarant may not serve as a
witness.
(iii) At least one of the witnesses must be an individual who is not
knowingly entitled to any portion of the estate of the declarant or knowingly entitled
to any financial benefit by reason of the death of the declarant.
(d) (1) Any competent individual may make an oral advance directive to
authorize the providing, withholding, or withdrawing of any life-sustaining
procedure or to appoint an agent to make health care decisions for the individual.
(2) An oral advance directive shall have the same effect as a written
advance directive if made in the presence of the attending physician and one witness
and IF THE SUBSTANCE OF THE ORAL ADVANCE DIRECTIVE IS documented as part of
the individual's medical record. The documentation shall be dated and signed by the
attending physician and the witness.
(e) (1) Unless otherwise provided in the document, an advance directive
shall become effective when the declarant's attending physician and a second
physician certify in writing that the patient is incapable of making an informed
decision.
(2) If a patient is unconscious, or unable to communicate by any means,
the certification of a second physician is not required under paragraph (1) of this
subsection.
(f) (1) It shall be the responsibility of the declarant to notify the attending
physician that an advance directive has been made. In the event the declarant
becomes comatose, incompetent, or otherwise incapable of communication, any other
person may notify the physician of the existence of an advance directive.
(2) An attending physician who is notified of the existence of the advance
directive shall promptly:
(i) If the advance directive is written, make the advance directive
or a copy of the advance directive a part of the declarant's medical records; or
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- 2905 -
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