# Health - General (GHG)

## Title 5. Death

### Subtitle 6. Health Care Decisions Act

#### Section 5-607

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.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)