Section 3-103 - Exceptions.

§ 3-103. Exceptions.
 

(a)  Palliative care - Pain relief.- A licensed health care professional does not violate § 3-102 of this subtitle by administering or prescribing a procedure or administering, prescribing, or dispensing a medication to relieve pain, even if the medication or procedure may hasten death or increase the risk of death, unless the licensed health care professional knowingly administers or prescribes the procedure or administers, prescribes, or dispenses the medication to cause death. 

(b)  Life-sustaining procedures.- A licensed health care professional does not violate § 3-102 of this subtitle by withholding or withdrawing a medically administered life-sustaining procedure: 

(1) in compliance with Title 5, Subtitle 6 of the Health - General Article; or 

(2) in accordance with reasonable medical practice. 

(c)  Family caregiver.-  

(1) Unless the family member knowingly administers a procedure or administers or dispenses a medication to cause death, a family member does not violate § 3-102 of this subtitle if the family member: 

(i) is a caregiver for a patient enrolled in a licensed hospice program; and 

(ii) administers the procedure or administers or dispenses the medication to relieve pain under the supervision of a health care professional. 

(2) Paragraph (1) of this subsection applies even if the medication or procedure hastens death or increases the risk of death. 
 

[An. Code 1957, art. 27, § 416(c); 2002, ch. 26, § 2; 2003, ch. 21, § 1.]