§ 5–613
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 5-613 (2026)
Title 5. Death
Subtitle 6. Health Care Decisions Act
§ 5–613LinkCopy Citation
(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.