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

GIVEN THE SAME EFFECT AS AN EMERGENCY MEDICAL SERVICES "DO NOT
RESUSCITATE ORDER" AS SET FORTH IN § 5-608(A) OF THIS SUBTITLE.

(E) THE DEPARTMENT SHALL PRINT AND DISTRIBUTE THE "PHYSICIAN
ORDERS FOR LIFE SUSTAINING TREATMENT" FORM DEVELOPED BY THE OFFICE OF
THE ATTORNEY GENERAL UNDER THIS SECTION.

(F) (E) THE DEPARTMENT SHALL ADOPT REGULATIONS IMPLEMENTING
THE PROVISIONS OF THIS SECTION IN CONSULTATION THE OFFICE OF THE
ATTORNEY GENERAL, IN DEVELOPING THE "PATIENT'S PLAN OF CARE" FORM IN
ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION, SHALL CONSULT WITH:

(1)     THE OFFICE OF THE ATTORNEY GENERAL THE DEPARTMENT;

(2)      RELIGIOUS GROUPS AND INSTITUTIONS WITH AN INTEREST IN
END-OF-LIFE CARE; AND

(3)      ONE OR MORE REPRESENTATIVES FROM THE COMMUNITY OF
INDIVIDUALS WITH DISABILITIES; AND

(3) (4) ANY OTHER GROUP THE DEPARTMENT OFFICE OF THE
ATTORNEY GENERAL IDENTIFIES AS APPROPRIATE FOR CONSULTATION.

5-609.

(a)     (1) A health care provider is not subject to criminal prosecution or civil
liability or deemed to have engaged in unprofessional conduct as determined by the
appropriate licensing authority as a result of withholding or withdrawing any health
care under authorization obtained in accordance with this subtitle.

(2) A health care provider providing, withholding, or withdrawing
treatment under authorization obtained under this subtitle does not incur liability
arising out of any claim to the extent the claim is based on lack of consent or
authorization for the action.

(b)     A person who authorizes the provision, withholding, or withdrawal of
life-sustaining procedures in accordance with a patient's advance directive or as
otherwise provided in this subtitle is not subject to:

(1)     Criminal prosecution or civil liability for that action; or

(2)     Liability for the cost of treatment solely on the basis of that
authorization.

(c)     (1) The provisions of this section shall apply unless it is shown by a
preponderance of the evidence that the person authorizing or effectuating the
provision, withholding, or withdrawal of life-sustaining procedures in accordance
with this subtitle did not, in good faith, comply with the provisions of this subtitle.

(2) The distribution to patients of written advance directives in a form
provided in this subtitle and assistance to patients in the completion and execution of
such forms does not constitute the unauthorized practice of law.

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