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10.23.01.00.htm 10.23.01.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 23 ADVANCE DIRECTIVE REGISTRY Chapter 01 Advance Directive Registry Authority: Health-General Article, §5-620―5-626, Annotated Code of Maryland
10.23.01.01.htm 10.23.01.01. 01 Scope.. This chapter defines key terms and sets out requirements and procedures for an Advance Directive Registry.
10.23.01.02.htm 10.23.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Advance Directive.. a) "Advance directive" has the meaning stated in Health-General Article, §5-601, Annotated Code of Maryland.b) "Advance directive" includes an Instructions on Current Life-Sustaining Treatment Options form developed under Health-General Article, §5-608.1, Annotated Code of Maryland.2) "Authorized person" means an individual:.
10.23.01.03.htm 10.23.01.03. 03 Filing and Registration.. A. An individual may submit an advance directive to the Department for registration.. B. In order for the Department to register an advance directive, a registrant shall provide to the Department:1) A completed application on the form provided by the Department;. 2) The required fee, as set forth in Regulation .06 of this chapter; and. 3) An advance directive that contains:. a) The registrant's signature;.
10.23.01.04.htm 10.23.01.04. 04 Nonregistration of Advance Directive.. A. An individual is not required to register an advance directive with the Department.. B. An advance directive that is not submitted to the Registry is valid in accordance with applicable law.
10.23.01.05.htm 10.23.01.05. 05 Amendment or Revocation of a Registered Advance Directive.. A. The registrant shall notify the Registry if a registered advance directive has been:. 1) Amended; or. 2) Revoked.. B. The Department shall amend the file of a registrant on receipt of:. 1) An application for amendment on a form provided by the Department;. 2) A copy of the amended advance directive that:. a) Is complete; and. b) Contains all information set forth in Regulation .03B of this chapter..
10.23.01.06.htm 10.23.01.06. 06 Fees ― Repealed..
10.23.01.07.htm 10.23.01.07. 07 Disclosure of Information.. A. The Department shall provide access to a registered advance directive to:. 1) The registrant; or. 2) An authorized person.. B. To access an advance directive:. 1) A registrant or a registrant's designee shall supply the registrant's file number and password; and2) A representative of a health care facility shall supply the facility's username and password..
10.23.01.08.htm 10.23.01.08. 08 Storage of Data.. A. The Department shall establish a Registry that is:. 1) Secure, in accordance with data security standards customarily applied to the protection of electronic medical records; and2) Available 24 hours a day, 7 days a week.. B. The Department may provide for services related to the establishment and operation of the Registry through contract with a person or agency.C. The Department or its contractor may store in the Registry only documents that are:.
10.23.01.09.htm 10.23.01.09. 09 Public Outreach.. The Department shall carry out educational and outreach efforts to increase public awareness of the Registry.
10.23.01.10.htm 10.23.01.10. 10 Liability of Health Care Providers.. A health care provider is not subject to criminal prosecution or civil liability and may not be determined to have engaged in unprofessional conduct by the appropriate licensing authority for:A. Failure to access the Registry; or. B. Relying on information provided by the Registry..
10.23.01.11.htm 10.23.01.11. 11 Registry Funding.. Implementation of this chapter is contingent on the availability of funds, in accordance with State Finance and Procurement Article, §7-234 and 7-235, Annotated Code of Maryland.
10.23.01.9999.htm 10.23.01.9999. Administrative History Effective date: December 6, 2007 (34:24 Md. R. 2158). Regulation .05B amended effective August 29, 2016 (43:17 Md. R. 953). Regulation .06 repealed effective August 29, 2016 (43:17 Md. R. 953).
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