A health care provider may treat a patient who is incapable of making an informed decision, without consent, if:
(1) The treatment is of an emergency medical nature;
(2) A person who is authorized to give the consent is not available immediately; and
(3) The attending physician determines that:
(i) There is a substantial risk of death or immediate and serious harm to the patient; and
(ii) With a reasonable degree of medical certainty, the life or health of the patient would be affected adversely by delaying treatment to obtain consent.
Structure Maryland Statutes
Subtitle 6 - Health Care Decisions Act
Section 5-601.1 - Electronic Signatures
Section 5-602 - Procedure for Making Advance Directive; Notice to Physician -- Living Wills
Section 5-602.1 - Advance Directive for Mental Health Services
Section 5-603 - Suggested Forms -- Living Wills
Section 5-604 - Revocation of an Advance Directive
Section 5-604.1 - Anatomical Gifts in Advance Directives
Section 5-605 - Surrogate Decision Making
Section 5-606 - Certifications by Physicians
Section 5-607 - Treatment Without Consent
Section 5-608.1 - Medical Orders for Life-Sustaining Treatment
Section 5-609 - Immunity From Liability; Burden of Proof; Presumption
Section 5-612 - Petition by Health Care Provider; Court Action
Section 5-615 - Provision of Information
Section 5-615.1 - Electronic Advance Directives -- Duties of Department; Outreach
Section 5-616 - Preservation of Existing Right; Advance Directives Executed Before Effective Date