Section 5-613 - Transfer of patient by health care provider who refuses to comply with advance directive or treatment decision. - Maryland Statutes

§ 5-613. Transfer of patient by health care provider who refuses to comply with advance directive or treatment decision.
 

(a)  Declination of instruction; transfer.- A health care provider that intends not to comply with an instruction of a health care agent or a surrogate shall: 

(1) Inform the person giving the instruction that: 

(i) The health care provider declines to carry out the instruction; 

(ii) The person may request a transfer to another health care provider; and 

(iii) The health care provider will make every reasonable effort to transfer the patient to another health care provider; 

(2) Assist in the transfer; and 

(3) Pending the transfer, comply with an instruction of a competent individual, or of a health care agent or surrogate for an individual who is incapable of making an informed decision, if a failure to comply with the instruction would likely result in the death of the individual. 

(b)  Objection to health care.- Nothing in this section authorizes a health care provider to provide health care to: 

(1) A competent individual over the objection of that individual; or 

(2) An individual incapable of making an informed decision over the objection of another person authorized by law to consent to the provision of health care for the individual. 
 

[1993, ch. 372, § 2.]