§ 5-613. Transfer of patient by health care provider who refuses to comply with advance directive or treatment decision

   (a) Declination of instruction; transfer. -- 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) Objection to health care. -- 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.

HISTORY: 1993, ch. 372, § 2.