Section 5-609 - Immunity from liability; burden of proof; presumption. - Maryland Statutes

§ 5-609. Immunity from liability; burden of proof; presumption.
 

(a)  Health provider immunity.-  

(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. 

(2) A health care provider providing, withholding, or withdrawing treatment under authorization obtained under this subtitle does not incur liability arising out of any claim to the extent the claim is based on lack of consent or authorization for the action. 

(b)  Health agent or surrogate immunity.- A person who authorizes the provision, withholding, or withdrawal of life-sustaining procedures in accordance with a patient's advance directive or as otherwise provided in this subtitle is not subject to: 

(1) Criminal prosecution or civil liability for that action; or 

(2) Liability for the cost of treatment solely on the basis of that authorization. 

(c)  Good faith.-  

(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. 

(2) The distribution to patients of written advance directives in a form provided in this subtitle and assistance to patients in the completion and execution of such forms does not constitute the unauthorized practice of law. 

(d)  Presumptions.- 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. 
 

[1993, ch. 372, § 2; 1997, ch. 195; 2004, ch. 506; 2010, ch. 72.]