§ 5-608.1. "Instructions on Current Life-Sustaining Treatment Options" form.
(a) Development.- The Office of the Attorney General shall develop an "Instructions on Current Life-Sustaining Treatment Options" form suitable for summarizing the plan of care for an individual, including the aspects of the plan of care related to:
(1) The use of life-sustaining procedures; and
(2) Transfer to a hospital from a nonhospital setting.
(b) Characteristics.- The "Instructions on Current Life-Sustaining Treatment Options" form is voluntary and shall be consistent with:
(1) The decisions of:
(i) The patient if the patient is a competent individual; or
(ii) If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle; and
(2) Any advance directive of the patient if the patient is incapable of making an informed decision.
(c) Signing requirements.- The "Instructions on Current Life-Sustaining Treatment Options" form:
(1) May be completed by a health care provider under the direction of an attending physician;
(2) If the attending physician has a reasonable basis to believe that the "Instructions on Current Life-Sustaining Treatment Options" form satisfies the requirements of subsection (b) of this section, shall be signed by the attending physician;
(3) Shall be signed by:
(i) The patient if the patient is a competent individual; or
(ii) If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle;
(4) If signed by the patient in accordance with item (3)(i) of this subsection, shall include contact information for the patient's health care agent;
(5) If signed by a health care agent or surrogate decision maker in accordance with item (3)(ii) of this subsection, shall include contact information for the health care agent or surrogate decision maker;
(6) Shall be dated;
(7) Shall include a statement that the form may be reviewed, modified, or rescinded at any time;
(8) Shall designate under which conditions the form must be reviewed or modified, including promptly after the patient becomes incapable of making an informed decision; and
(9) Shall contain a conspicuous statement that the original form shall accompany the individual when the individual is transferred to another health care provider or discharged.
(d) Review by health care provider.- A health care provider shall review any "Instructions on Current Life-Sustaining Treatment Options" form received from another health care provider as part of the process of establishing a plan of care for an individual.
(e) Consultation on development of form.- The Office of the Attorney General, in developing the "Instructions on Current Life-Sustaining Treatment Options" form in accordance with subsection (a) of this section, shall consult with:
(1) The Department;
(2) Religious groups and institutions with an interest in end-of-life care;
(3) One or more representatives from the community of individuals with disabilities; and
(4) Any other group the Office of the Attorney General identifies as appropriate for consultation.
§ 5-608.1. "Instructions on Current Life-Sustaining Treatment Options" form.
(a) Development.- The Office of the Attorney General shall develop an "Instructions on Current Life-Sustaining Treatment Options" form suitable for summarizing the plan of care for an individual, including the aspects of the plan of care related to:
(1) The use of life-sustaining procedures; and
(2) Transfer to a hospital from a nonhospital setting.
(b) Characteristics.- The "Instructions on Current Life-Sustaining Treatment Options" form is voluntary and shall be consistent with:
(1) The decisions of:
(i) The patient if the patient is a competent individual; or
(ii) If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle; and
(2) Any advance directive of the patient if the patient is incapable of making an informed decision.
(c) Signing requirements.- The "Instructions on Current Life-Sustaining Treatment Options" form:
(1) May be completed by a health care provider under the direction of an attending physician;
(2) If the attending physician has a reasonable basis to believe that the "Instructions on Current Life-Sustaining Treatment Options" form satisfies the requirements of subsection (b) of this section, shall be signed by the attending physician;
(3) Shall be signed by:
(i) The patient if the patient is a competent individual; or
(ii) If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle;
(4) If signed by the patient in accordance with item (3)(i) of this subsection, shall include contact information for the patient's health care agent;
(5) If signed by a health care agent or surrogate decision maker in accordance with item (3)(ii) of this subsection, shall include contact information for the health care agent or surrogate decision maker;
(6) Shall be dated;
(7) Shall include a statement that the form may be reviewed, modified, or rescinded at any time;
(8) Shall designate under which conditions the form must be reviewed or modified, including promptly after the patient becomes incapable of making an informed decision; and
(9) Shall contain a conspicuous statement that the original form shall accompany the individual when the individual is transferred to another health care provider or discharged.
(d) Review by health care provider.- A health care provider shall review any "Instructions on Current Life-Sustaining Treatment Options" form received from another health care provider as part of the process of establishing a plan of care for an individual.
(e) Consultation on development of form.- The Office of the Attorney General, in developing the "Instructions on Current Life-Sustaining Treatment Options" form in accordance with subsection (a) of this section, shall consult with:
(1) The Department;
(2) Religious groups and institutions with an interest in end-of-life care;
(3) One or more representatives from the community of individuals with disabilities; and
(4) Any other group the Office of the Attorney General identifies as appropriate for consultation.
§ 5-608.1. "Instructions on Current Life-Sustaining Treatment Options" form.
(a) Development.- The Office of the Attorney General shall develop an "Instructions on Current Life-Sustaining Treatment Options" form suitable for summarizing the plan of care for an individual, including the aspects of the plan of care related to:
(1) The use of life-sustaining procedures; and
(2) Transfer to a hospital from a nonhospital setting.
(b) Characteristics.- The "Instructions on Current Life-Sustaining Treatment Options" form is voluntary and shall be consistent with:
(1) The decisions of:
(i) The patient if the patient is a competent individual; or
(ii) If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle; and
(2) Any advance directive of the patient if the patient is incapable of making an informed decision.
(c) Signing requirements.- The "Instructions on Current Life-Sustaining Treatment Options" form:
(1) May be completed by a health care provider under the direction of an attending physician;
(2) If the attending physician has a reasonable basis to believe that the "Instructions on Current Life-Sustaining Treatment Options" form satisfies the requirements of subsection (b) of this section, shall be signed by the attending physician;
(3) Shall be signed by:
(i) The patient if the patient is a competent individual; or
(ii) If the patient is incapable of making an informed decision, a health care agent or surrogate decision maker as authorized by this subtitle;
(4) If signed by the patient in accordance with item (3)(i) of this subsection, shall include contact information for the patient's health care agent;
(5) If signed by a health care agent or surrogate decision maker in accordance with item (3)(ii) of this subsection, shall include contact information for the health care agent or surrogate decision maker;
(6) Shall be dated;
(7) Shall include a statement that the form may be reviewed, modified, or rescinded at any time;
(8) Shall designate under which conditions the form must be reviewed or modified, including promptly after the patient becomes incapable of making an informed decision; and
(9) Shall contain a conspicuous statement that the original form shall accompany the individual when the individual is transferred to another health care provider or discharged.
(d) Review by health care provider.- A health care provider shall review any "Instructions on Current Life-Sustaining Treatment Options" form received from another health care provider as part of the process of establishing a plan of care for an individual.
(e) Consultation on development of form.- The Office of the Attorney General, in developing the "Instructions on Current Life-Sustaining Treatment Options" form in accordance with subsection (a) of this section, shall consult with:
(1) The Department;
(2) Religious groups and institutions with an interest in end-of-life care;
(3) One or more representatives from the community of individuals with disabilities; and
(4) Any other group the Office of the Attorney General identifies as appropriate for consultation.
