Maryland Health - General Section 5-608.1

      (a)      The Office of the Attorney General shall develop a "Patient's Plan of Care" form suitable for summarizing the plan of care for an individual, including the aspects of the plan of care related to:

            (1)      The use of life-sustaining procedures; and

            (2)      Transfer to a hospital from a nonhospital setting.

      (b)      The "Patient's Plan of Care" form is voluntary and shall be consistent with:

            (1)      The decisions of:

                  (i)      The patient if the patient is a competent individual; or

                  (ii)      If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle; and

            (2)      Any advance directive of the patient if the patient is incapable of making an informed decision.

      (c)      The "Patient's Plan of Care" form:

            (1)      May be completed by a health care provider under the direction of an attending physician;

            (2)      If the attending physician has a reasonable basis to believe that the "Patient's Plan of Care" form satisfies the requirements of subsection (b) of this section, shall be signed by the attending physician;

            (3)      Shall be signed by:

                  (i)      The patient if the patient is a competent individual; or

                  (ii)      If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle;

            (4)      If signed by the patient in accordance with item (3)(i) of this subsection, shall include contact information for the patient's health care agent;

            (5)      If signed by a health care agent or surrogate decision maker in accordance with item (3)(ii) of this subsection, shall include contact information for the health care agent or surrogate decision maker;

            (6)      Shall be dated;

            (7)      Shall include a statement that the form may be reviewed, modified, or rescinded at any time;

            (8)      Shall designate under which conditions the form must be reviewed or modified, including promptly after the patient becomes incapable of making an informed decision; and

            (9)      Shall contain a conspicuous statement that the original form shall accompany the individual when the individual is transferred to another health care provider or discharged.

      (d)      A health care provider shall review any "Patient's Plan of Care" form received from another health care provider as part of the process of establishing a plan of care for an individual.

      (e)      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 Department;

            (2)      Religious groups and institutions with an interest in end-of-life care;

            (3)      One or more representatives from the community of individuals with disabilities; and

            (4)      Any other group the Office of the Attorney General identifies as appropriate for consultation.