§ 20-113. Alternative methods of cancer treatment

   (a) Duty of physician to educate patient. -- Before a physician treats any patient for any form of breast cancer, the physician shall educate the patient of alternative methods of treatment that may be medically practicable.

(b) Duties of Department. -- The Department of Health and Mental Hygiene shall:

   (1) Provide a standardized written summary in layman's language that:

      (i) Lists all effective methods of treatment for breast cancer that may be medically practicable including surgical, radiological, chemotherapeutic, and combinations of those treatments; and

      (ii) Describes the advantages, disadvantages, risks, and procedures associated with each method of treatment listed;

   (2) Update the standardized written summary annually;

   (3) Distribute the standardized written summary to each hospital, clinic, and physician's office and other facility that performs treatments of breast cancer.

(c) Satisfaction of requirements. -- A physician satisfies the requirements of subsection (a) of this section if:

   (1) The physician provides a breast cancer patient with the standardized written summary described in subsection (b) of this section in language that the patient understands;

   (2) The patient receives the standardized written summary within 5 days of the start of the treatment for breast cancer; and

   (3) The patient signs a statement provided by the Department of Health and Mental Hygiene acknowledging the receipt of the standardized written summary.

(d) Exceptions. -- This section does not apply if the attending physician certifies that:

   (1) Treatment for breast cancer occurred within 5 days of the physician informing the patient of the diagnosis; and

   (2) Treatment within this period of time was necessary to save the life of the patient.

(e) Violations; penalties. -- A physician who violates any provision of subsection (a) of this section is subject to the provisions of § 14-404 (a) (27) of the Health Occupations Article.

HISTORY: 1986, ch. 559; 1990, ch. 6, § 11.