ROBERT L. EHRLICH, JR., Governor                             Ch. 506

(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

(ii) If the advance directive is oral, make the substance of the
advance directive, including the date the advance directive was made and the name of
the attending physician, a part of the declarant's medical records.

(3) IF THE CARE OF A DECLARANT IS TRANSFERRED FROM ONE HEALTH
CARE PROVIDER TO ANOTHER THE TRANSFERRING HEALTH CARE PROVIDER MAY
PREPARE A "PATIENTS PLAN OF CARE" FORM IN ACCORDANCE WITH § 5-608.1 OF
THIS SUBTITLE.

(4) IF THE TRANSFERRING HEALTH CARE PROVIDER PREPARES A
"PATIENTS PLAN OF CARE" FORM IN ACCORDANCE WITH § 5-608.1 OF THIS SUBTITLE,
THE TRANSFERRING HEALTH CARE PROVIDER SHALL:

(I) TAKE REASONABLE STEPS TO ENSURE THAT THE "PATIENTS
PLAN OF CARE" FORM IS CONSISTENT WITH ANY APPLICABLE DECISION STATED IN
THE ADVANCE DIRECTIVE OF A DECLARANT; AND

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