2016 Maryland Code
Health - General
Title 19 - Health Care Facilities
Subtitle 3 - Hospitals and Related Institutions
Part IX - Patient Care Advisory Committees
§ 19-374. Advice as to options for individuals with life-threatening conditions; notification of individual's rights; liability for advice given; confidentiality

(a) Advice concerning options for medical care and treatment of individuals with life-threatening conditions. -- On the request of a petitioner, an advisory committee shall give advice concerning the options for medical care and treatment of an individual with a life-threatening condition.

(b) Notice of patient's rights. --

(1) The advisory committee shall make a good faith effort to notify a patient, a patient's immediate family members, a patient's guardians, and an individual with a power of attorney to make a decision with a medical consequence for a patient, of the individual's right:

(i) To be a petitioner;

(ii) To meet with the advisory committee concerning the options for medical care and treatment; and

(iii) To receive an explanation of the basis of the advisory committee's advice.

(2) Any information or document that indicates the wishes of the patient shall take precedence in the deliberations of the advisory committee.

(c) Liability for advice -- Committee or member. -- An advisory committee or a member of an advisory committee who gives advice in good faith may not be held liable in court for the advice given.

(d) Liability for advice -- Person assisting in establishment of committee. -- A person that assists one or more hospitals or related institutions in the establishment of an advisory committee may not be held liable in court for any advice given in good faith by that person, the related institution, the advisory committee, or any member of the advisory committee and the committee and its members may not be held liable for any advice given in good faith.

(e) Confidentiality. --

(1) The proceedings and deliberations of an advisory committee are confidential as provided in § 1-401 of the Health Occupations Article.

(2) The advice of an advisory committee concerning a patient's medical care and treatment shall become part of the patient's medical record and is confidential under §§ 4-301 and 4-302 of this article.

(f) Liability for failure to carry out advice. -- A hospital or related institution may not be held liable in a civil action for failing to carry out the advice of an advisory committee concerning a patient's medical care if the advice given is inconsistent with the written policies of the hospital or related institution.