Ch. 506                                    2004 LAWS OF MARYLAND

(ii) Identifies or can readily be associated with the identity of a
patient or recipient; and

(iii) Relates to the health care of the patient or recipient.

(2) "Medical record" includes any:

(i) Documentation of disclosures of a medical record to any person
who is not an employee, agent, or consultant of the health care provider;

(ii) File or record maintained under § 12-403(b)(13) of the Health
Occupations Article by a pharmacy of a prescription order for drugs, medicines, or
devices that identifies or may be readily associated with the identity of a patient;

who:

(iii) Documentation of an examination of a patient regardless of

1.       Requested the examination; or

2.       Is making payment for the examination; and

(iv) File or record received from another health care provider that:

1.       Relates to the health care of a patient or recipient received
from that health care provider; and

2.       Identifies or can readily be associated with the identity of
the patient or recipient.

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) 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)     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.

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