ROBERT L. EHRLICH, JR., Governor                            S.B. 352

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.

(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.

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