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§ 5-612. Withholding or withdrawal of treatment; petitions

West's Annotated Code of MarylandHealth--GeneralEffective: July 1, 2008

West's Annotated Code of Maryland
Health--General
Title 5. Death (Refs & Annos)
Subtitle 6. Health Care Decisions Act (Refs & Annos)
Part I. Advance Directives (Refs & Annos)
Effective: July 1, 2008
MD Code, Health - General, § 5-612
§ 5-612. Withholding or withdrawal of treatment; petitions
Currentness
In general
(a)(1) A health care provider for an individual incapable of making an informed decision who believes that an instruction to withhold or withdraw a life-sustaining procedure from the patient is inconsistent with generally accepted standards of patient care shall:
(i) Petition a patient care advisory committee for advice concerning the withholding or withdrawal of the life-sustaining procedure from the patient if the patient is in a hospital or related institution; or
(ii) File a petition in a court of competent jurisdiction seeking injunctive or other relief relating to the withholding or withdrawal of the life-sustaining procedure from the patient.
(2) In reviewing a petition filed under paragraph (1) of this subsection, the court shall follow the standards set forth in §§ 13-711 through 13-713 of the Estates and Trusts Article.
Petition of surrogate to court
(b) On petition of the patient's spouse, domestic partner, a parent, adult child, grandchild, brother, or sister of the patient, or a friend or other relative who has qualified as a surrogate under § 5-605 of this subtitle to a circuit court of the county or city in which the patient for whom treatment will be or is currently being provided, withheld, or withdrawn under this subtitle resides or is located, the court may enjoin that action upon finding by a preponderance of the evidence that the action is not lawfully authorized by this subtitle or by other State or federal law.
Expedition of case
(c) Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall:
(1) Take precedence on the docket;
(2) Be heard at the earliest practicable date; and
(3) Be expedited in every way.

Credits

Added by Acts 1993, c. 372, § 2, eff. Oct. 1, 1993. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2008, c. 590, § 1, eff. July 1, 2008.
MD Code, Health - General, § 5-612, MD HEALTH GEN § 5-612
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document