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§ 3-103. Exceptions

West's Annotated Code of MarylandCriminal Law

West's Annotated Code of Maryland
Criminal Law (Refs & Annos)
Title 3. Other Crimes Against the Person
Subtitle 1. Suicide (Refs & Annos)
MD Code, Criminal Law, § 3-103
Formerly cited as MD CODE Art. 27, § 416
§ 3-103. Exceptions
Palliative care--Pain relief
(a) A licensed health care professional does not violate § 3-102 of this subtitle by administering or prescribing a procedure or administering, prescribing, or dispensing a medication to relieve pain, even if the medication or procedure may hasten death or increase the risk of death, unless the licensed health care professional knowingly administers or prescribes the procedure or administers, prescribes, or dispenses the medication to cause death.
Life-sustaining procedures
(b) A licensed health care professional does not violate § 3-102 of this subtitle by withholding or withdrawing a medically administered life-sustaining procedure:
(1) in compliance with Title 5, Subtitle 6 of the Health--General Article; or
(2) in accordance with reasonable medical practice.
Family caregiver
(c)(1) Unless the family member knowingly administers a procedure or administers or dispenses a medication to cause death, a family member does not violate § 3-102 of this subtitle if the family member:
(i) is a caregiver for a patient enrolled in a licensed hospice program; and
(ii) administers the procedure or administers or dispenses the medication to relieve pain under the supervision of a health care professional.
(2) Paragraph (1) of this subsection applies even if the medication or procedure hastens death or increases the risk of death.

Credits

Added by Acts 2002, c. 26, § 2, eff. Oct. 1, 2002. Amended by Acts 2003, c. 21, § 1, eff. April 8, 2003.
Formerly Art. 27, § 416.
MD Code, Criminal Law, § 3-103, MD CRIM LAW § 3-103
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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