§ 5-609. Health provider or agent immunity
West's Annotated Code of MarylandHealth--GeneralEffective: October 1, 2011
Effective: October 1, 2011
MD Code, Health - General, § 5-609
§ 5-609. Health provider or agent immunity
(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.
(b) A person who authorizes the provision, withholding, or withdrawal of life-sustaining procedures in accordance with a patient's advance directive, a “Medical Orders for Life-Sustaining Treatment” form, or as otherwise provided in this subtitle is not subject to:
(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.
(d) An advance directive made in accordance with this subtitle shall be presumed to have been made voluntarily by a competent individual. Authorization for the provision, withholding, or withdrawal of life-sustaining procedures in accordance with this subtitle shall be presumed to have been made in good faith.
Credits
Added by Acts 1993, c. 372, § 2, eff. Oct. 1, 1993. Amended by Acts 1997, c. 195, § 1, eff. Oct. 1, 1997; Acts 2004, c. 506, § 1, eff. Oct. 1, 2004; Acts 2010, c. 72, § 1, eff. April 13, 2010; Acts 2011, c. 433, § 1, eff. Oct. 1, 2011; Acts 2011, c. 434, § 1, eff. Oct. 1, 2011.
MD Code, Health - General, § 5-609, MD HEALTH GEN § 5-609
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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