S.B. 352

VETOES

(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 TRANSERRED FROM ONE HEALTH
CARE PROVIDER TO ANOTHER THE TRANSFERRING HEALTH CARE PROVIDER MAY
PREPARE A "PATIENT'S PLAN OF CARE" FORM IN ACCORDANCE WITH § 5-608.1 OF THE
SUBTITLE.

(4)  IF THE TRANSFERRING HEALTH CARE PROVIDER PREPARES A
"PATIENT'S 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

(II)  TRANSMIT THE "PATIENT'S PLAN OF CARE" FORM TO THE
RECEIVING HEALTH CARE PROVIDER SIMULTANEOUSLY WITH THE TRANSFER OF
THE DECLARANT.

(g)     It shall be the responsibility of the declarant to notify a health care agent
that the agent has been named in an advance directive to act on the declarant's
behalf.

(h) Unless otherwise provided in the patient's advance directive, a patient's
agent shall act in accordance with the provisions of § 5-605(c) of this subtitle.

(i) The absence of an advance directive creates no presumption as to the
patient's intent to consent to or refuse life-sustaining procedures.

5-608.

(a) (1) Certified or licensed emergency medical services personnel shall be
directed by protocol to follow emergency medical services "do not resuscitate orders"
pertaining to adult patients in the outpatient setting in accordance with protocols
established by the Maryland Institute for Emergency Medical Services Systems in
conjunction with the State Board of Physicians.

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