2010 Maryland Code
HEALTH - GENERAL
TITLE 5 - DEATH
Subtitle 6 - Health Care Decisions Act
Section 5-608.1 - "Instructions on Current Life-Sustaining Treatment Options" form.

§ 5-608.1. "Instructions on Current Life-Sustaining Treatment Options" form.
 

(a)  Development.- The Office of the Attorney General shall develop an "Instructions on Current Life-Sustaining Treatment Options" 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)  Characteristics.- The "Instructions on Current Life-Sustaining Treatment Options" 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)  Signing requirements.- The "Instructions on Current Life-Sustaining Treatment Options" 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 "Instructions on Current Life-Sustaining Treatment Options" 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(7) Shall include a statement that the form may be reviewed, modified, or rescinded at any time; 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)  Review by health care provider.- A health care provider shall review any "Instructions on Current Life-Sustaining Treatment Options" form received from another health care provider as part of the process of establishing a plan of care for an individual. 

(e)  Consultation on development of form.- The Office of the Attorney General, in developing the "Instructions on Current Life-Sustaining Treatment Options" 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. 
 

[2004, ch. 506; 2007, ch. 70.]