ROBERT L. EHRLICH, JR., Governor                             Ch. 327

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Health - General

5-602.

(a)     Any competent individual may, at any time, make a written advance
directive regarding the provision of health care to that individual, or the withholding
or withdrawal of health care from that individual.

(b)     (1) IN THIS SUBSECTION, "DISQUALIFIED PERSON" MEANS:

(I)      AN OWNER, OPERATOR, OR EMPLOYEE OF A HEALTH CARE
FACILITY FROM WHICH THE DECLARANT IS RECEIVING HEALTH CARE; OR

(II)     A SPOUSE, PARENT, CHILD, OR SIBLING OF AN OWNER,
OPERATOR, OR EMPLOYEE OF A HEALTH CARE FACILITY FROM WHICH THE
DECLARANT IS RECEIVING HEALTH CARE.

[(1)] (2) Any competent individual may, at any time, make a written
advance directive appointing an agent to make health care decisions for the
individual under the circumstances stated in the advance directive.

[(2)] (3) [An owner, operator, or employee of a health care facility from
which the declarant is receiving health care] A DISQUALIFIED PERSON may not serve
as a health care agent unless the person would:

(I)      WOULD qualify as a surrogate decision maker under § 5-605(a)
of this subtitle; OR

(II)  WAS APPOINTED BY THE DECLARANT BEFORE THE DATE ON
WHICH THE DECLARANT RECEIVED, OR CONTRACTED TO RECEIVE, HEALTH CARE
FROM THE FACILITY.

[(3)] (4) 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.

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