Section 5-612 - Petition by health care provider; court action. - Maryland Statutes

§ 5-612. Petition by health care provider; court action.
 

(a)  Petition by health care provider.-  

(1) A health care provider for an individual incapable of making an informed decision who believes that an instruction to withhold or withdraw a life-sustaining procedure from the patient is inconsistent with generally accepted standards of patient care shall: 

(i) Petition a patient care advisory committee for advice concerning the withholding or withdrawal of the life-sustaining procedure from the patient if the patient is in a hospital or related institution; or 

(ii) File a petition in a court of competent jurisdiction seeking injunctive or other relief relating to the withholding or withdrawal of the life-sustaining procedure from the patient. 

(2) In reviewing a petition filed under paragraph (1) of this subsection, the court shall follow the standards set forth in §§ 13-711 through 13-713 of the Estates and Trusts Article. 

(b)  Enjoining action.- On petition of the patient's spouse, domestic partner, a parent, adult child, grandchild, brother, or sister of the patient, or a friend or other relative who has qualified as a surrogate under § 5-605 of this subtitle to a circuit court of the county or city in which the patient for whom treatment will be or is currently being provided, withheld, or withdrawn under this subtitle resides or is located, the court may enjoin that action upon finding by a preponderance of the evidence that the action is not lawfully authorized by this subtitle or by other State or federal law. 

(c)  Court action.- Except for cases that the court considers of greater importance, a proceeding under this section, including an appeal, shall: 

(1) Take precedence on the docket; 

(2) Be heard at the earliest practicable date; and 

(3) Be expedited in every way. 
 

[1993, ch. 372, § 2; 1994, ch. 3, § 1; 2008, ch. 590.]