§ 5-602. Advance directives; in general
West's Annotated Code of MarylandHealth--GeneralEffective: January 1, 2023
Effective: January 1, 2023
MD Code, Health - General, § 5-602
§ 5-602. Advance directives; in general
(a)(1) Any competent individual may, at any time, make a written or electronic advance directive regarding the provision of health care to that individual, or the withholding or withdrawal of health care from that individual.
(c)(1)(i) Except as provided in subparagraph (ii) of this paragraph or paragraph (3) of this subsection, a written or electronic advance directive shall be dated, signed by or at the express direction of the declarant, and subscribed by two witnesses in the physical presence or electronic presence of the declarant.
(ii) A written or electronic advance directive signed and witnessed in conformance with the provisions of Executive Order 20.04.10.01, authorizing remote witnessing and electronic signing of certain documents, shall be deemed to have been signed and witnessed in conformity with this subsection if the advance directive was signed and witnessed during the time that the executive order was in effect.
(2)(i) Except as provided in subparagraphs (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, nurse practitioner, physician assistant, or physician caring for the declarant if acting in good faith.
(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 or electronic advance directive if made in the presence of the attending physician, physician assistant, or nurse practitioner 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, physician assistant, or nurse practitioner 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.
(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.
(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.
Credits
Added by Acts 1993, c. 372, § 2, eff. Oct. 1, 1993. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 2000, c. 553, § 1, eff. Oct. 1, 2000; Acts 2004, c. 327, § 1, eff. Oct. 1, 2004; Acts 2004, c. 506, § 1, eff. Oct. 1, 2004; Acts 2007, c. 70, § 1, eff. Oct. 1, 2007; Acts 2008, c. 79, § 2, eff. Oct. 1, 2008; Acts 2008, c. 232, § 1, eff. Oct. 1, 2008; Acts 2008, c. 233, § 1, eff. Oct. 1, 2008; Acts 2011, c. 433, § 1, eff. Oct. 1, 2011; Acts 2011, c. 434, § 1, eff. Oct. 1, 2011; Acts 2013, c. 273, § 1, eff. Oct. 1, 2013; Acts 2013, c. 274, § 1, eff. Oct. 1, 2013; Acts 2015, c. 297, § 1, eff. Oct. 1, 2015; Acts 2016, c. 510, § 1, eff. Oct. 1, 2016; Acts 2017, c. 657, § 1, eff. Oct. 1, 2017; Acts 2017, c. 667, § 1, eff. July 1, 2017; Acts 2021, c. 686, § 1, eff. Oct. 1, 2021; Acts 2022, c. 311, § 1, eff. Jan. 1, 2023; Acts 2022, c. 312, § 1, eff. Jan. 1, 2023.
MD Code, Health - General, § 5-602, MD HEALTH GEN § 5-602
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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