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;

(b) The date on which the advance directive was signed by the registrant; and

(c) The signatures of:

(i) Two witnesses as provided in Health-General Article, §5-602, Annotated Code of Maryland; or

(ii) If an Instructions on a Current Life-Sustaining Treatment Options form is submitted and the registrant is incapable of making an informed decision, the registrant's health care agent or surrogate and the registrant's attending physician.

C. On receipt of the items set forth in §B of this regulation, the Department shall:

(1) Create a digital reproduction of the form and advance directive;

(2) Enter the reproduced form and advance directive into the advance directive database; and

(3) Assign each advance directive a file number and password.

D. After processing the advance directive presented for registration, the Department shall provide to each registrant:

(1) A copy of the registrant's documents on file in the Registry;

(2) Instructions for accessing a copy of the registrant's advance directive;

(3) Instructions for amending or revoking an advance directive;

(4) A wallet card indicating registration of an advance directive; and

(5) A sticker to affix to a driver's license or identification card that shows that an advance directive has been filed with the Department.