Section 20-113 - Alternative methods of cancer treatment. - Maryland Statutes

§ 20-113. Alternative methods of cancer treatment.
 

(a)  Duty of physician to educate patient.- Before a physician treats any patient for any form of breast cancer, the physician shall educate the patient of alternative methods of treatment that may be medically practicable. 

(b)  Duties of Department.- The Department of Health and Mental Hygiene shall: 

(1) Provide a standardized written summary in layman's language that: 

(i) Lists all effective methods of treatment for breast cancer that may be medically practicable including surgical, radiological, chemotherapeutic, and combinations of those treatments; and 

(ii) Describes the advantages, disadvantages, risks, and procedures associated with each method of treatment listed; 

(2) Update the standardized written summary annually; 

(3) Distribute the standardized written summary to each hospital, clinic, and physician's office and other facility that performs treatments of breast cancer. 

(c)  Satisfaction of requirements.- A physician satisfies the requirements of subsection (a) of this section if: 

(1) The physician provides a breast cancer patient with the standardized written summary described in subsection (b) of this section in language that the patient understands; 

(2) The patient receives the standardized written summary within 5 days of the start of the treatment for breast cancer; and 

(3) The patient signs a statement provided by the Department of Health and Mental Hygiene acknowledging the receipt of the standardized written summary. 

(d)  Exceptions.- This section does not apply if the attending physician certifies that: 

(1) Treatment for breast cancer occurred within 5 days of the physician informing the patient of the diagnosis; and 

(2) Treatment within this period of time was necessary to save the life of the patient. 

(e)  Violations; penalties.- A physician who violates any provision of subsection (a) of this section is subject to the provisions of § 14-404 (a) (27) of the Health Occupations Article. 
 

[1986, ch. 559; 1990, ch. 6, § 11.]