(a) 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) 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.
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